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Patent Registration

Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of the subject matter.

Registration of patent in India is a serious work which needs years of experience and sound technical knowledge of the subject matter. To register a patent an application is filed for the invention which is new, novel and which has not been disclosed anywhere prior to filing the application of patent before the office of the controller of patents in India. In India invention of new goods or industrial process can be filed. The main eligibility for an invention for grant of the patent is the existence of inventive steps, and which is non-obvious. The industrial applicability is another important feature and finally, the invention must be commercially beneficial, in other words, the claims of Invention must indicate effective value.

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From IPR Specialist

Types of Patent Application in India

A patent can be registered in India. An applicant can file a patent within 12 months of filing the first application

Requirements for Pvt Ltd Registration
Ordinary Application

Ordinary Application

This is the most common application by Indian inventor wherein the invention is disclosed for the first time and can be filed either with the provisional or complete specification. In case the application is filed with the provisional specification, the complete specification must be filed within 12 months of application date.

Convention Application

Convention Application

The Paris convention on patent have recognized the value of first disclosure or “Prior Art” and in case of international applications an applicant can file a patent within 12 months of filing the first application and the previous disclosure shall not be considered as prior art for the subsequent country application.

PCT Application

PCT Application

The patent Co-Operation Treaty provides for a mechanism wherein an international application for grant of a patent can be filed from India for 152 contracting countries. In the first phase application is examined by international examination authority, thereafter applicant has the liberty to file national phase application.

Overall Cost of Patent in India

Step wise analysis for various applicant types

Steps Towards
Grant of Patent		 Government
fee		 Professional fee (approx.) Action type Timelines Pro Turnaround
time (approx.)

Patent Search

 NA 15,000 to 30,000 Optional NA 5-10 days
Comments Optional, but we strongly recommend a thorough patentability search of the invention to ascertain the patentability. This step must be done prior to filing the patent application.

Patent application drafting

 NA 25,000 to 75,000 Mandatory NA 7-10 days
CommentsThe provisional specification can be filed immediately with limited disclosure of the invention, while the inventor is still working on the invention. However, complete specification is required to be filed within one year of filing the provisional specification

Patent application filing

 Individual/Startup: Rs. 1600
MSME: Rs. 4000
Others: Rs. 8000		 15,000 Mandatory NA 1-3 Days
CommentsThe government fee above is for upto 10 claims and where the patent specification does not exceed 30 pages

Request for early Publication

 Individual/Startup: Rs. 2500
MSME: Rs. 6250
Others: Rs. 12500		 10,000 Optional NA 1-3 Days
Comments After the complete specification of a patent is filed, the patent application is generally published within 18 months. The applicant right starts only after the patent gets advertised. The applicant may apply for an early publication. After publication the examination of patent is next step

Reply to examination reports

 NA 20,000 to 60,000 Mandatory Generally, around 1 to 2 years from request for examination (RFE) 7-15 Days
Comments After examination of the patent application, the examiner issues an examination report with the departmental objection. The reply to such an examination report must be filed within 30 days of its issue. After reply the examiner may again issue a supplementary examination report, or accept the application or fix the application for personal hearing.

Hearing

 NA 15,000 per hearing Optional Generally, within 6-9 months from issue of First Examination Report 2-4 Days
Comments If the personal hearing is fixed, then the same shall be intimated to the applicant/attorney. The hearing must be attended. The case may be disposed off in one hearing or more than one hearing. For attending each hearing we would charge the fee.

Patent Grant: Final Stage

 NA NA NA Generally, after 6-9 months from the issue of First Examination Report NA
Comments The grant of patent is final stage. The patent remains valid for a period of twenty years from the date of filing of patent application.

Renewal of Patent

 NA 1,000 to 5,000 Renewal is Mandatory After 1 Year from Grant Date 1-2 Days
Comments Once, it is issued; it has to be renewed every year. A patent can be renewed till the maximum term of 20 years

Patent Filing Documents

Basic Required For Patent Filing in India

  • Digital Signature of the Applicant
  • Authorisation to the patent attorney.
  • The patent questionnaire.
  • A signed copy of Patent Specification
  • Declaration of Inventorship signed by the Inventor
  • Prior art documents, in case of International Application

Specification Must Contain Following

  • Title of Patent
  • Abstract of the patent specification (A Summary)
  • Detailed Specification exhibiting inventive steps
  • Drawings and Flowcharts if any
  • Claims of the Patent

  • Check on Patentability

    Check if the invention is patentable or not in terms of the Patent Act, and confirm whether it is new and has not been published prior to filing with the patent office.

  • Specification Drafting

    Write down your invention (idea or concept) in maximum detail possible, Use drawings, diagrams, sketches to explain how Invention works and specify its claim.

  • Filing of Patent

    The patent can be filed in India with the provisional specification or complete specification, However, in any case, the complete filing must be completed within 12 months.

  • Patent Office Activity

    The patent is examined and published by the patent office and if no objection is received from the examiner or if no third party opposition, the patent is granted.

Videos on Patent Registration

Frequently Asked Questions

What are the benefits of patent registration?

The patent registration confers upon the inventor or the applicant, in case rights have been delegated in favor of some other person. Key benefits are as under

  • Patent grants exclusive right to commercially exploit the rights over an Invention
  • The inventor can assign his rights in favor of another person against consideration
  • A patent is considered favorably for recognition as STARTUP
  • Exclude all others from using, selling, offering for sale your invention in your country
  • Having patents help you in raising finance as investors attaches considerable value to it

What is Prior art search ?

Prior art search is a process to find any evidence that there is a previous knowledge of the invention before the date of filing of the patent application. To be patentable, the invention must be new and no prior art should exist

What is Provisional Application Filing?

Provisional patent application filing means, disclosing the preliminary details of the invention to the patent office. We strongly recommend filing a provisional application of Patent immediately after the invention is conceived. So, that even if it is leaked it should not create prior art against the invention being applied. The provisional application must contain the maximum possible disclosure of the invention.

What is a Complete Specification?

When a patent application is filed in India with the provisional specification, the complete specification must be filed with drawings and claims of the invention within 12 months of original filing. The final specification must be drafted in such a manner that a person of same or similar skill must be able to make the goods or perform the industrial process after reading the specification.

What is Examination of Patent?

After filing the complete specification, a request for examination of Patent must be filed. There is an alternate method for express examination of Patent. After examination, the patent examiner comes up with an examination report with the findings on patentability and prior art search.

What is the publication of a patent?

The publication of Patent is done upon request after the expiry of 18 months. However, an early publication request can be made to the patent office. So, that it is advertised within 4-5 months

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