India provides a systematic and comprehensive process for filing and obtaining patents to safeguard intellectual property rights. This legal framework ensures that inventors and innovators have exclusive rights over their inventions. Patent filing procedure in India is a multi-step process, each step of which is regulated by specific rules and formalities to ensure the novelty, utility, and originality of the invention. Knowing this process is important for the successful acquisition of a patent.

This article outlines the filing procedure for patents in India: key steps, what to produce, and the roles of the applicants. The article will reduce the complexities of the patenting process for innovators.

What is a Patent?

A patent is an inventor's legal protection against a competitor's ability to make, use, and vend their invention for a given term. In India, the term is usually 20 years from the date of filling for that patent. Patents are used for intellectual property and prevent someone from doing it without permission. This drives innovation, fosters technological developments, and gives an inventor market a competitive advantage. A patent has to be novel, not obvious, and useful or industrial. Patents are territorial, meaning that they can be enforced only in the granting country.

Step into the future of legal expertise! Join our Advanced Certification Program in Intellectual Property Law, created by The Legal School in collaboration with Khaitan & Co. Designed for fresh law graduates and professionals, this unique course boosts your legal career. Don’t miss this opportunity—enquire today to secure your spot!

Steps for Patent Filing Application in India

Patent filing application involves a set of processes such as searches, preparing documents, making applications, publishing, examining, and objection response. At each step, originality and the validity of an invention are protected.

Filing a patent application in India is a comprehensive process that requires a clear understanding of the legal and procedural requirements. Here's a detailed breakdown of each step:

Step 1: Conduct a Patent Search

• Why It's Important: Before filing, conducting a thorough patent search ensures that the invention is novel and does not infringe upon existing patents.

• How to do: Search through databases such as Indian Patent Advanced Search System (InPASS) and other international patent databases.

• Benefits: Avoids unnecessary rejection due to the existence of prior patents in the same domain.

Step 2: Patent Application Preparation

Provisional Specification: If the invention is still under development, filing a provisional application would help secure an early date for filing.

• Timeline: A complete specification must follow within 12 months.

• Advantage: Additional time is given to file an improved invention.

Complete Specification: Information about the Invention includes: 

• Title and Abstract.

• Previous art or weaknesses in available solutions.

• The Background of the Invention

• Summary of the Invention

• Detailed Description and Claims.

• Drawings, if applicable

Step 3: Lodge the Application

Where To File: Application can be made: 

• Online: By the website of the Indian Patent Office. 

• Offline: With the corresponding Patent office located in Delhi, Mumbai, Kolkata and Chennai respectively.

What to Include: All the forms and documents required, which include:

• Form 1: Application for grant of patent.

• Form 2: Specification-provisional or complete.

• Form 3: Statement and undertaking.

• Form 5: Declaration of Inventorship.

• Power of Attorney if filed through an agent.

• Statutory fees.

Step 4: Publication of the Application

• When It Occurs: Applications are published in the official patent journal after 18 months from the date of filing.

• Early Publication Option: You can apply for early publication by paying extra charges, and the application will get published within a month.

• Importance: Publication makes the application public, and any third party can scrutinize it.

Step 5: Application for Examination

• How to Apply: File Form 18 for an examination. It must be done within 48 months of the priority date.

• Purpose: The application sets in motion the examination process. This is where the Patent Office scrutinizes the application on the aspects of patentability, novelty, and compliance with patent laws.

Step 6: Patent Office Examination

What happens: The Patent Office checks for:

• Novelty, inventive step, and industrial applicability.

• Legal and technical requirements.

First Examination Report (FER): The examiner raises objections or requires additional information in an FER.

Step 7: Response to Examination Report

• Timeline: Overcome FER objections within 12 months.

• Amendments: Claims or specifications may be altered, if necessary, to satisfy patentability requirements.

• Hearing Opportunity: In case the objections are not overcome, the Controller can provide an opportunity for a hearing to clear up the remaining objections.

Step 8: Pre-Grant Opposition

• Who Can Oppose: Any person can oppose the application under Section 25(1) before the patent is granted.

• Grounds for Opposition: Novelty, inventive step, or industrial applicability; or non-disclosure of essential information.

Step 9: Grant of Patent

• When It Takes Place: After resolving all objections and opposition (if any), the Controller grants the patent under Section 43.

• Publication of Grant: Grant published in the official patent journal and public notice of granting such exclusive rights.

Step 10: Post-Grant Opposition

• Timeline: Within 12 months from the date of grant. Any person may give notice of opposition.

• Objective: Permitting the patentees to challenge the patent with regard to validity, novelty or other grounds.

Read about Intellectual Property Rights in detail.

Documents Required for Patent Filing Procedure in India

The patent application has to be provided with accurate and detailed documents. The required forms, statements, and technical details have to be submitted to conform with Indian patent laws so as to facilitate the processing. The required forms for submission include:

• Form 1: Application for grant of patent

• Form 2: Provisional or complete specification

• Form 3: Statement and undertaking regarding foreign applications

• Form 5: Declaration as to inventorship.

• Form 26: Power of attorney (if filed through a patent agent).

• Form 18: Request for examination.

Priority Document: If claiming priority from an earlier application.

Abstract: A brief summary of the invention.

Drawings: If applicable, to illustrate the invention.

Also, Get to Know What is the Copyright law in India

Advantages of Obtaining a Patent

A patent provides exclusive rights, and revenue opportunities through licensing, and strengthens the market position of an innovator. It ensures legal protection against unauthorized use.

• Exclusive Rights: The patentee is given exclusive rights to restrain other individuals from using the patented invention without permission.

• Commercialization: Patents may be licensed or sold and provide opportunities for revenue generation.

• Market Position: It enhances market position because it prevents the competitors from exploiting the invention.

Challenges of Patent Filing in India

The process of patent filing can be difficult, costly, and very time-consuming. This often requires strategic planning to navigate legal and technical requirements.

• Complexity: The process includes complicated legal and technical documentation

• Cost: The filing and keeping of the patents can be very expensive.

• Time-Consuming: The whole process from filing to issuance of a patent can take years.

Also, Get to Know What is the Process for Patent Registration

Summing up

The patent filing process in India is designed to ensure genuine and innovative inventions are protected legally. Following the prescribed steps, submitting accurate documentation and staying on schedule can help in securing patent grants. Familiarity with these processes empowers inventors to protect their intellectual property rights while leveraging their innovations.

Patent Filing Procedure in India FAQs 

Q1. What is a patent?

A patent is a legal right granted to the inventor that allows exclusive rights to make, use, or sell his or her innovation for a specified period of time.

Q2. What is the fee for filling a patent in India?

The fee for patent filing varies on the category of the applicant as individual, start-up or organization. Some extra service charges apply to the fees such as examination and publication services.

Q3.  Can one file a patent online in India?

Of course, one can file patent applications online from the Indian Patent Office portal. Offline can be submitted at regional offices, too.

Q4. What is a provisional patent application?

A provisional application is a temporary filing that gives an applicant an early priority date. It has to file the complete specification within 12 months.

Q5. How many years does it take to get a patent in India?

It takes around 2 to 5 years, considering the examination time, objections, and opposition.

Q6. Are patents valid across the whole world?

No, patents are territorial rights. International protection of an invention requires making different applications in each country or through PCT.