Patent Process in India

Patent Process in India: A Step-by-Step Guide

Ever had an idea that could change the world? Whether it’s a groundbreaking drug, a smart gadget, or a unique manufacturing process, protecting your invention is crucial. This is where patents come in.
In India, patents are governed by the Indian Patents Act, 1970, and managed by the Indian Patent Office (IPO). If you’re wondering how to secure a patent in India, here’s a step-by-step guide to help you through the process.

Step 1: Check if Your Invention is Patentable

Not every idea can be patented. In India, an invention must meet three key requirements:

✅ Novelty – It must be new and not publicly disclosed before.
✅ Inventive Step – It should offer a technical advancement over existing knowledge.
✅ Industrial Applicability – It must be useful in an industry (e.g., pharmaceuticals, engineering, AI).

What Can’t Be Patented?
India does not grant patents for:

Scientific theories or mathematical methods (e.g., E=mc² cannot be patented).
Traditional knowledge (e.g., Turmeric for healing).
New uses of existing substances (unless it shows enhanced efficacy – a key rule in pharma patents).

Step 2: Conduct a Patent Search

Before applying, it’s wise to check if your invention is truly unique. A patent search helps avoid duplicate filings and strengthens your application.

Where to Search?

Indian Patent Office Database – Visit Here
WIPO PatentScope – For international patent searches.
Google Patents – A free, easy-to-use database.

Step 3: Prepare the Patent Application

A strong patent application is key to approval. It must include:

📌 Title – Clearly defines the invention.
📌 Abstract – A short summary.
📌 Detailed Description – Explains how the invention works.
📌 Claims – Defines what aspects of the invention are protected.
📌 Drawings/Diagrams (if needed).

🔹 Types of Patent Applications in India:

Provisional Patent – Used if your invention is still in progress. It secures an early filing date and gives you 12 months to file a complete application.
Complete Specification – A full-fledged application with all details.
Patent of Addition – If you improve an existing patented invention.
Divisional Patent – When one application has multiple inventions, it can be split into separate patents.

Step 4: File the Patent Application

Once the application is ready, you can file it online or in person at one of India’s four patent offices: Delhi, Mumbai, Chennai, or Kolkata.

How to File?
✔ Online Portal: Indian Patent Office E-Filing
✔ Via a Patent Agent – If you need legal assistance.

Filing Fees:

Individuals & Startups – Lower fees.
Companies & Large Firms – Higher fees.

Step 5: Patent Publication

After filing, the application is published in the Official Journal within 18 months.
If you want faster publication, you can request early publication by paying an extra fee.
Once published, third parties can file objections (called pre-grant opposition) if they believe the invention is not patentable.

Step 6: Patent Examination

Unlike trademarks, patents are not automatically examined. The applicant must file a Request for Examination (RFE) within 48 months of filing.

What Happens During Examination?

A Patent Examiner checks if the invention meets novelty, inventiveness, and industrial use criteria.
If there are objections, you get a chance to respond and modify your application.

Step 7: Grant of Patent

Once all objections are cleared, the patent is granted and published in the Patent Journal.

✔ The patent is valid for 20 years from the filing date.
✔ To keep it active, you must pay annual renewal fees.

Step 8: Post-Grant Opposition & Maintenance

Even after a patent is granted, third parties can challenge it within 12 months through post-grant opposition.

To maintain a patent, the holder must:

Pay annual renewal fees (non-payment can lead to patent expiration).
Defend against legal challenges (especially common in pharmaceutical patents).

Why the Patent Process Matters in India

India has a booming innovation ecosystem, especially in pharmaceuticals, biotech, and tech startups. However, securing a patent is just the beginning. Patents help:

✔ Protect inventions from competitors.
✔ Attract investors (strong patents = strong business value).
✔ Encourage research and innovation.