Quick Guide for Patent Registration in India ( 5 min Read)
What is patent?
A patent is an exclusive right granted by the government to the inventor to exclude others from making, using, selling and importing an invention which is a new and having inventive solution to an existing problem
Steps of Patent Application In India
Novelty ( Newness)
An invention will be considered novel if it does not disclosed anywhere in world like Information appearing in magazines, technical journals, books, newspapers etc
if skilled person in particular domain feel invention is unexpected ,surprising ,not very obvious
An invention must possess industrial utility
Stop others from (unauthorized)Use of your invention For 20 years from the date of First Application
You can rent it.
You can sell it
You Can use it for your Own Business
Want to File Patent Application In India ??
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Detailed Guide for Patent Registration In India
Step 1 : Write Down you Idea or Concept ( Invention) In Detail /Invention Disclosure Form (IDF)
An IDF is a formal record of an invention. ( click here to Download IDF)
The IDF should Include :-
1.Name of Applicant/s ,Address and other related Information
2.Name of Inventor/s,Address and other related Information
3. Domain of Invention
4.Current working of system/method / or product
5.Detailed working of your invention
6.Advantages of your invention over current system/product
Also Invention Disclosure From (IDF) is an Important document for your Patent Agent /Patent Attorney to understanding patentablity of your product
Step 2 : Add Drawings ,Flow Chart, Exponential view,Component Views ( If Any)
Also along with Detailed Disclosure(IDF) of your Invention you should submit relevant Diagrams,different views ,Flowchart which can Describe invention thoroughly.
Step 3 : Is your Invention Patentable ?
All in invention are not patentable .so Inventor must check whether his/her invention is patentable before proceeding further. you must cross verify that your invention should not fall under section 3 & Section 4 of Indian Patent Act 1970.
Step 4 : Patentability/Novelty Search ( Optional)
Is a search of patented documents or non-patent literature (prior art) that throw light on the invention either in one document of in combination of documents are disclosed publicly.
What are the Criteria to check whether invention in Patentable ?
An invention will be considered novel if it does not form a part of prior art. Information appearing in magazines, technical journals, books, newspapers etc.
Oral description of the invention in a seminar/conference may considered as a prior art can seriously spoil novelty. Novelty should assessed in a global context.
An invention will not be considered novel ,if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application for respective invention
Use of your invention in any country of your interest before priority date of your patent application can also destroy novelty of invention
the patent search and other non patent literature search are most crucial to determine novelty of your Invention
The invention must be non-obvious( Surprising ,Unexpected) or involve an inventive step and not obvious to the person skilled in the art.
“Inventive Step” is a feature of an invention that involves technical advancement to the existing Problem or having economic significance or both and also that makes the invention not obvious to a person skilled in the art.
The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry
Step 5 : Patent Drafting( Writing)
In case you invention /Concept /Idea is in very early stage and need some more time to come up with the final product /process. One should file Provisional Patent Application .
Once you filed Provisional Patent Application you get the following benefits
1. Secure Priority date for your application ( from priority date your protection start for your invention)
2. You get additional time to file Final Specification (Complete Specification)
3. Once you secured Priority date you can take help from third parties for development/assistance for your product/process (invention/idea) development without a fear of Stealing of your Invention/Idea/Concept as your protection start from the filing date of Provisional application
4.Cheaper in Cost
Following things must keep in Mind while Processing with Provisional Application
1. You must file complete specification within 12 months from the date of filling date Provisional Specification if you fail to do so your application will be lapsed
2. You will loose protection /Priority of Application if you fail to file complete(Final) specification within 12 months.
You can file complete specification Application directly by skipping Provisional Specification application all together
Provided , your invention/Concept/Idea has complete details/information without any ambiguity or any change in product /process.
So filing Provisional application is a Optional but Filing Complete Specification is a mandatory
Content required for the drafting of provisional patent applications:
- · Title, Field of invention, Background, Objects, Brief description of drawings (if any), Detailed description,Advantages, Drawings (if any), Disclosure of biological material used (if any)
- · Forms required for Provisional Patent Application:-
- · Form 1:- Application for Grant of Patent
- · Form 2:- Provisional Specification
- · Form 26:- Form of Authorization of Patent Agent (If filed through patent agent)
Content required for the drafting of complete/Non-Provisional patent applications subsequently to Provisional Specification :
Title, Field of invention, Background, Summary, Objects, Brief description of drawings, Detailed description, Advantages, Claims, Abstract and Drawings (if any), Disclosure of biological material used (if any)
Forms required for Complete Patent Application after Provisional Application:-
Form 2:- Complete Specification
Form 5:-Declaration as to Inventor ship
Forms required for Direct Complete Patent Application (without prior Provisional Application):-
Form 1:- Application for Grant of Patent
Form 2:- Complete Specification
Form 3:- Statement and Undertaking Under Section 8
Form 26:- Form of Authorization of Patent Agent (If filed through patent agent)
Step 6 : Patent Application Filing
Once You or Your Patent agent /Patent Attorney done with Patent application draft ( writing ).you must review the draft and if you are satisfied with the scope and technical details covered. you can file your patent application in prescribed manner along with above mentioned forms (in step 5.)
You need to pay government filing fees according to type of applicant.
For natural person/startup – INR 1600/-
For Small and Medium Scale Business- INR 4000/-
For any other entity – INR 8000
Step 7 : Publication of Application
The application will be published on Patent Office website after completion of 18 months from the date of filing. The application can be viewed at the Indian Patent Office website After publication, the applicant enjoys the rights as good as that of a patentee,
however, the applicant after publication cannot seek infringement proceedings against competitors till the patent is granted. But, once the patent is granted the applicant can claim damages from the infringing party from the date of publication. Hence, the early the publication, the better to claim in the infringement damages.
Early Publication :-
In case of early Publication your application will be published within 30 days form date of filing early publication request where as Normal route application published after completion of 18 Months.
Advantages of Early Patent Application Publication
When an infringement happens, the applicant can claim damages from the date of publication. Therefore, it forms as a major advantage of Early Publication
Step 8 : Request for Examination
After publication, the patent office performs an examination of application only if a request for examination with appropriate fees is filed within 48 months from the date of filing of the application
Early Examination:- Patent office provided early examination route open for
for national phase entry application selected India as searching authority
Step 9: Issuance of Examination Report
Upon receipt of examination request, the examiners conduct an extensive search with reference to your invention . In case of doubts, the examiner will issue Examination Report.
Step 10: Respond to Examination report & Hearing
A first examination report and subsequent examination reports will be issued if the need arises and convey to the applicant or authorized agent. The applicant or authorized agent is required to reply and clear examiners concerns and objections raised by the examiner.
Call for hearing: In case if the examiner feels and requires can call for a hearing which the applicant or agent needs to attend physically or Virtually through Video Conferencing
Step 11 : Grant of Patent
After extensive examination, the examiner finally decides upon the grant of application or rejection of the application.
Post Grant Patent maintenance Procedure
Step 12 : Patent Annual Payment/Maintenance fees
After the grant of patent annual payment is to be paid till the life of the patent and the first payment begins after the end of the second year
Step 13: Statement of Working of Patents
Patentees and licenses (if any) need to furnish (within three months from the end of every calendar year), a statement as to the extent to which the invention has been worked in India on a commercial scale in the preceding year.
Patent Application Timeline Flow Chart India
Cost of Patent Registration in India
- Patent Application Filing Fees
- Early Publication fee ( optional)
- Examination Fees
- After grant Patent maintenance fees
- Patent Search Fees (if you opt for)
- Patent Application Drafting & Filing Service Fees
- Miscellaneous Fees like affidavit ,Authorization agreement,legal document etc(if any required)
- Responding to Office action
- Attending Hearings
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Frequently Asked Questions (FAQ)
Do i really need professional help to draft and file a patent application?
At PatentOne IP, we tried to find out most probable reasons why Inventor avoid professional services
1. Cost of professional service
2. The inventor may feel he/she would be the best person to describe and justify invention thoroughly.
3. An inventor may have exposure to writing various types of disclosure/research papers in public domain.
4. The inventor might have under the impression it just documentation and procedure and don’t need professional service.
1. Cost of Professional Service: –
Many inventors come up with a unique idea which has a huge benefit to society & has potential to be a patentable subject matter. But unfortunately, refrain themselves from filing patent application due cost of professional service.
However, few inventor tries to refer internet for help then proceed drafting & filing accordingly. Some people may get through this method. But most of them ultimately face rejection of application due various to reasons. For instance, the drafted document is non-complaint with Indian patent office requirements. Sometimes applicant misses important forms to submit along with the draft.
So we generally advise inventor to seek professional services. As the professional who is drafting application on your behalf is a technical person & who also knows patent laws thoroughly. So he/she can make appropriate techno legal document which provides utmost protection to your invention. Also, the professional drafting your application has spent many years to learn the skill of drafting by practicing and drafting hundreds of applications. Also, the professional has to clear qualifying exam of patent attorney /patent agent.
2. An inventor may feel he/she would be the best person to describe and justify invention thoroughly:-
An inventor may have exposure to writing public disclosures in scientific journals, publishing research work on different platforms, which is completely different than drafting a patent application. A patent application is a combination of a technical & legal write-up in a single document. Which need to use certain legal terminology according to governing patent law. Also, patent drafter needs to define the invention in such broader scope that it cannot be breached by other applicants by changing few things in an invention and reapply for fresh patent Application. Also, utmost care should be taken while drafting application that it should not much broader in scope which turns out to be a vague write-up.
3. The inventor might under the impression it just documentation and procedure and don’t need professional service:–
While filing patent application one need to file multiple forms. Which can be filed by inventor provided he knows set of required forms to submit, but as discussed above the crux of patent filing is specification drafting and which need to done by an expert to get optimum protection to your invention.
Choosing right professional service provider for your patent drafting and filing:-
· Most of the inventor makes a mistake by choosing lowest service cost provider which may turn out to be the biggest blunder in patenting.
We feel the cost is essential component of decision-making process but it should be judged along with knowledge of patent attorney /patent agent.
Moreover, Willingness to provide appropriate IP strategy which suits best to the inventor. Also provide support for post-patent filing procedure, prosecution, commercializing patent.
· Another set of inventor makes mistake by choosing most expensive professional. By charging more fees may not necessarily provide best support and service.
So choose your patent attorney /patent agent wisely
Is it possible to patent my mobile app?
This most tricky question to answer. As per section 3k of patent act, any algorithm, mere computer program or business method is not patentable in India.
So, as far as the mobile application is concerned just software /code which run the mobile application is not patentable in India.
If the inventor has some unique /inventive step in the mobile application process, along with it has some hardware component ( not the just mobile device as a hardware, maybe, for instance, cervical cancer diagnosis probe as attachable hardware to the app) can be patentable.
Is it possible to get my software related invention patented?
As explained above mere computer programme /code is not patentable under section 3 k of patent act. Can be patented if it has some unique hardware component as part of the complete system along with software.
Is it possible to patent food/drink?
Many clients come to us with a very common question is “can we patent food or drink ?”
The answer to question is big YES! As per patent amendment 2005 of the Indian patent act 1970
There to type’s patent application can be filled relating to food/drink
1. Composition of Matter
2. The process of Making Product
1. A composition of Matter:-
Patent amendment 2005 of Indian patent act 1970 has product patent protection for a pharmaceutical composition, chemical composition along with food composition.
For patenting food /drink it must qualify few criteria’s
Utility: – it should have at least one nutritional value no matter for human or for a pet so it successfully passes criteria of utility
Non Obviousness: – Mere mixture of ingredient off the self and getting an obvious result is not patentable. The mixture should like never done before or known mixture should be done in the different (controlled) environment which delivers non-obvious result can be patentable.
2. A process of Making Product: –
A process of making recipe has a higher probability of granting patent than the composition of food ingredients patent application. If the process of making recipes involves mixing, frying, baking, melting, grilling, aging, whisking, freezing, drying and so on, those steps may be involved in processing and found out to be inventive and the outcome is nonobvious/novel then such process of making recipe /product is patentable.
What are the types of inventions which are not patentable in India?
An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:
· an invention which is frivolous or which claims anything obviously contrary to well established natural laws
· an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment
· the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature
· the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant
· a substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
· the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way
· a method of agriculture or horticulture
· any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products
· plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals
· mathematical or business method or a computer program per se algorithms
· a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions
· a mere scheme or rule or method of performing mental act or method of playing a game
· a presentation of information
· the topography of integrated circuits
· an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of thetraditionally known component or components
inventions relating to atomic energy
Is a patent granted in one country enforceable in other countries?
No. There is nothing like a global patent or a world patent. Patent rights are essentially territorial in nature and are protected only in a country (or countries) which, has (have) granted these rights. In other words, for obtaining patent rights in different countries one has to submit patent applications in all the countries of interest for grant of patents. This would entail payment of official fees and associated expenses, like the attorney fees, essential for obtaining patent rights in each country. However, there are some regional systems where by filing one application one could simultaneously obtain patents in the member countries of a regional system; European Patent Office is an example of a similar system.
Does grant of a patent in one country affect its grant or refusal in another country?
Types of Patent Application & Regional Patent Offices with Jurisdiction India
Types of Applications:-
· Ordinary applications
· Patent of addition applications
· Patent of division applications
· PCT International Phase Applications
· PCT National Phase Applications
Applications shall be submitted at respective Intellectual Property Offices in India either through online forms submission procedure or by submitting duly signed hard copies by authorized signatories at respective Intellectual Property Offices.
Regional Patent Offices with Jurisdiction India:–
Intellectual Property Office
Intellectual Property Office Building
Plot No. 32, Sector 14
Dwarka, New Delhi-110075
Phone : 011-28034304,
FAX : 011- 28034301,02
EMAIL: firstname.lastname@example.orgTERRITORIAL JURISDICTION:
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of ChandigarhKolkata
Intellectual Property Office
Intellectual Property Office Building
CP-2 Sector V, Salt Lake City
Phone : 23671945, 1946, 1987
FAX : 033-2367-1988
EMAIL: email@example.comTERRITORIAL JURISDICTION:
The rest of IndiaChennai
Intellectual Property Office
Intellectual Property Office Building
Phone : 044-22502081-84
FAX : 044-22502066
EMAIL: firstname.lastname@example.orgTERRITORIAL JURISDICTION:
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and LakshadweepMumbai
Intellectual Property Office
Boudhik Sampada Bhawan
Near Antop Hill Post Office
Mumbai – 400 037.
Phone : 24137701, 24141026,
FAX : 24130387
EMAIL: email@example.comTERRITORIAL JURISDICTION:
The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli