Patent Registration in India — Complete Guide for Inventors and Businesses

Novelty: The invention must be new — not anticipated by any prior publication or prior public knowledge in India or anywhere else in the world. Any disclosure before filing can destroy novelty.

Inventive Step (Non-Obviousness): The invention must involve a technical advance or have economic significance that is not obvious to a person skilled in the art.

Industrial Applicability: The invention must be capable of being made or used in an industry.

Subject Matter: Certain inventions are not patentable in India including discoveries, scientific theories, mathematical methods, business methods, computer programs per se, methods of agriculture, methods of treatment, and inventions contrary to public order or morality.

Ordinary Application: Filed directly with the Patent Office without claiming priority from any earlier application.

Convention Application: Filed claiming priority from a first application filed in a convention country within 12 months of the priority date.

PCT International Application: Filed under the Patent Cooperation Treaty for seeking patent protection in multiple countries simultaneously.

Divisional Application: Filed when a single application claims multiple inventions and needs to be divided.

Patent of Addition: Filed for an improvement or modification of an already patented invention.

Step 1 — Patent Search: Conduct a prior art search to check if the invention is novel and not anticipated by existing patents or publications.

Step 2 — Drafting the Patent Specification: Prepare a complete specification with title, field of invention, background, prior art, summary, detailed description, drawings (if any), and claims.

Step 3 — Filing the Application: File with the appropriate Patent Office based on jurisdiction. Include Form 1, Form 2 (specification), drawings, abstract, and Form 3 (undertaking).

Step 4 — Publication: The application is published after 18 months from filing. Early publication can be requested.

Step 5 — Examination: File a request for examination (Form 18) within 48 months. The Controller examines and issues a First Examination Report.

Step 6 — Grant: After objections are addressed, the patent is granted and published in the Patent Journal.

A provisional specification is a preliminary application that establishes an early priority date without requiring full details. It gives the inventor 12 months to refine the invention and file the complete specification.

A complete specification contains the full description, best method of performing the invention, claims defining the scope of protection, and abstract. It must be filed within 12 months of the provisional application.

Filing a provisional specification is beneficial when the invention is not yet fully developed but early priority is needed, such as before public disclosure or approaching deadlines.

Pre-Grant Opposition: Any person can file opposition after publication and before grant, raising grounds including lack of novelty, inventive step, or insufficient disclosure.

Post-Grant Opposition: After grant, any person interested can file opposition within one year on similar grounds.

Revocation: A patent can be revoked on application to the Intellectual Property Appellate Board or High Court on various grounds including non-compliance with patentability criteria, fraud, or failure to work the patent in India.

A patent is valid for 20 years from the filing date. Annual renewal fees must be paid every year to keep the patent in force. The first renewal fee is due before the expiry of the 2nd year from the date of patent grant.

Under Indian patent law, the patentee must file a statement of working (Form 27) every year providing details of the extent to which the patented invention has been worked in India. Failure to file can result in compulsory licensing.