Patent Registration in India explained: this guide covers what Patent Registration in India means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A patent is an exclusive right granted to an inventor for a new, inventive, and industrially applicable invention. In India, patents are governed by the Patents Act 1970 as amended by the Patents (Amendment) Acts 1999, 2002, and 2005, and administered by the Indian Patent Office (IPO) under the Department for Promotion of Industry and Internal Trade (DPIIT).
What Can Be Patented?
To be patentable, an invention must satisfy three criteria:
- Novelty: New and not publicly known/published anywhere in the world before the filing date
- Inventive Step (Non-obviousness): Not obvious to a person skilled in the relevant field
- Industrial Applicability: Capable of being made or used in industry
What Cannot Be Patented (Section 3)
The following are not patentable under the Patents Act 1970:
- Discoveries, scientific theories, mathematical methods
- Mental acts, methods of playing games, computer programs per se
- Business methods
- Inventions contrary to public order, morality, health
- Plants, animals and essentially biological processes (except microorganisms)
- Traditional knowledge or aggregation of known properties
- New forms of known substances without enhanced efficacy (Section 3(d)) — critical for pharma
- Methods of treatment of humans or animals
Types of Patent Applications
| Type | Description | Validity |
|---|---|---|
| Provisional Application | Filed when invention is work-in-progress; secures filing date | 12 months to file complete specification |
| Complete Application | Full disclosure with claims; filed directly or after provisional | Main application for grant |
| Convention Application | Filed claiming priority from foreign application (Paris Convention) | Within 12 months of priority date |
| PCT National Phase | International application entering India via PCT route | Within 31 months of priority date |
| Divisional Application | For inventions voluntarily divided from parent application | Before grant of parent |
Patent Application Process
- Prior Art Search: Search patent databases (InPASS, Espacenet, Google Patents) to assess novelty
- Prepare Specification: Complete specification with title, description, claims, drawings, abstract
- File Application: File Form 1 + Form 2 (specification) + Form 26 (authorization) + Form 28 (for startups/educational institutions seeking lower fee)
- Publication: Application published 18 months from filing date (or priority date)
- Request for Examination (RFE): File Form 18 within 48 months of priority date
- Examination: Patent office examines and issues First Examination Report (FER)
- Response to FER: Applicant must respond within 6 months (extendable to 9 months)
- Grant: If objections resolved, patent is granted and published in Patent Journal
- Post-Grant Opposition: Any person can oppose within 1 year of grant
Patent Offices in India
India has four Patent Offices based on applicant's address:
- Kolkata (Head Office) — for applicants from West Bengal, Bihar, Jharkhand, Odisha, Assam, etc.
- Mumbai — for Maharashtra, Goa, Gujarat, MP, Rajasthan, Karnataka etc.
- Chennai — for Tamil Nadu, Kerala, AP, Telangana etc.
- Delhi — for Delhi, UP, Punjab, Haryana, HP, J&K, etc.
Term of Patent
Patents in India are granted for a term of 20 years from the date of filing of the application (not from grant date). Annual renewal fees must be paid from the 3rd year onwards to maintain the patent in force. Non-payment of renewal fees results in lapsing of the patent.
Opposition Proceedings
| Type | When | Who Can File |
|---|---|---|
| Pre-grant Opposition (Section 25(1)) | After publication, before grant | Any person |
| Post-grant Opposition (Section 25(2)) | Within 1 year of grant | Any interested person |
| Revocation (Section 64) | Anytime during patent term | Any person (petition to High Court or IPAB/HC) |
Compulsory License
Section 84 of the Patents Act allows any person to apply for a compulsory license if, 3 years after grant, the patentee has not made the invention available to the public at a reasonable price or not worked the patent in India. Natco Pharma v. Bayer (2012) was a landmark Indian compulsory license case for cancer drug Nexavar.
Patent Infringement Remedies
- Civil suit before District Court or High Court
- Remedies: injunction, damages or account of profits, delivery up/destruction of infringing goods
- Anton Piller order (search and seize) in appropriate cases
- Criminal remedies: limited application in patent law (unlike trademarks/copyright)