Patent Registration in India 2025: Process, Eligibility and Protection

A patent grants an inventor the exclusive right to make, use, sell, or import a patented invention for a period of 20 years from the date of filing. In India, patents are governed by the Patents Act 1970 (amended 2005 to comply with TRIPS) and administered by the Controller General of Patents, Designs & Trade Marks (CGPDTM).

What is Patentable?

An invention is patentable if it satisfies three criteria:

• Novelty: Not disclosed or published anywhere in the world before the filing date
• Inventive Step (Non-Obviousness): Not obvious to a person skilled in the art
• Industrial Applicability: Can be made or used in any industry

What CANNOT Be Patented (Section 3)

• Discoveries and scientific theories
• Mathematical methods and mental acts
• Plants, animals, and essentially biological processes
• Computer programs per se (software patents limited in India)
• Methods of treatment or diagnosis (medical methods)
• Traditional knowledge and known substances with new use (Section 3d — important for pharma)

Patent Application Process

1. Prior Art Search: Search patent databases (PatSeer, Espacenet, InPASS) to check novelty
2. Provisional Application (optional): File provisional specification within 12 months; secures priority date; gives time to develop complete specification
3. Complete Application: File within 12 months of provisional filing (or directly). Includes complete specification with claims.
4. Publication: Application published in Patent Journal 18 months after priority date
5. Request for Examination: Must file within 48 months of priority date (or patent lapses)
6. First Examination Report (FER): Examiner raises objections within 6 months of request
7. Response: Applicant responds within 12 months of FER
8. Grant: Patent granted if all objections resolved; sealed and published

Filing Fees

Patent Term and Maintenance

Patent term: 20 years from filing date. Annual renewal fees (escalating) must be paid every year from the 3rd year. Non-payment = patent lapses. Restoration possible within 18 months of lapse.

Compulsory Licensing

After 3 years of grant, any person can apply for compulsory licence if: patent not worked in India, reasonable requirements of public not satisfied, or not available at reasonable price. India invoked this for generic drug production (Bayer case, 2012).