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Patent services in India.

Drafting, filing, prosecution and enforcement of patent rights across India and internationally via the Patent Cooperation Treaty — from patentability assessment to grant and renewal.

01.1 / India Patent Services

A comprehensive guide to patent protection in India

Everything you need to know about filing and protecting patents in India — from eligibility and application types to prosecution timelines, renewal and the patent offices with territorial jurisdiction.

What is a Patent?

A patent is an exclusive right granted to an inventor for an invention — a product or process that provides a new way of doing something, or offers a new technical solution to a problem. In India, patents are governed by the Patents Act, 1970 (as amended).

Types of Patent Applications in India
1. Ordinary Application
An application filed without claiming priority from any earlier application.
2. Convention Application
Filed claiming priority from application(s) filed in convention countries. Must be filed within 12 months from the date of first filing.
3. PCT National Phase Application
Filed under the Patent Cooperation Treaty. Must be filed within 31 months from the PCT priority date.
4. Divisional Application
Filed to divide one or more inventions out of a pending application into separate applications.
5. Patent of Addition
Filed for an improvement or modification of an already patented invention.
Patentability Requirements in India
Novelty
The invention must be new and not disclosed anywhere in the world prior to the date of filing.
Inventive Step
Must not be obvious to a person skilled in the relevant field of technology.
Industrial Applicability
The invention must be capable of being made or used in some kind of industry.
Non-patentable Subject Matter (Section 3)
Not Patentable in India
  • Discoveries, scientific theories and mathematical methods
  • Mere discovery of a new form of a known substance which does not result in enhanced efficacy (§3(d))
  • Methods of agriculture or horticulture
  • Methods of treatment of human beings or animals
  • Plants and animals (other than micro-organisms)
  • Computer programs per se, business methods, mathematical methods, algorithms
  • Literary, dramatic, musical, artistic works or other aesthetic creations
  • Traditional knowledge and aggregation of known properties
Basic Filing Requirements — Ordinary Patent Application
01
Applicant Details
02
Inventor Details
03
Title of Invention
04
Complete/Provisional Spec
05
Drawings (if applicable)
06
Abstract
07
Claims
08
Declaration of Inventorship
09
Power of Authority
Power of Authority

Can be filed with or before the filing of the complete specification (within 3 months from filing), and does not need to be notarised. Assignment / transfer deeds require attestation by two witnesses.

PCT National Phase Filing in India
Key Deadline

PCT National Phase Applications in India must be filed within 31 months from the PCT priority date. This deadline is strict and cannot be extended.

PCT Application Number & Priority Date
International application reference details required
Specification & Drawings
As filed in PCT application, in English
Verified English Translation
If PCT application was filed in a language other than English
All other requirements
Same as for ordinary patent application
Patent Prosecution Process in India
1
Filing & Publication
Application filed; published 18 months from priority date (or filing date if no priority). Early publication available on request.
2
Request for Examination (RFE)
RFE must be filed within 48 months from priority/filing date. Examination begins only after RFE is filed.
3
First Examination Report (FER)
Issued ordinarily within 1 month from date of request for examination. Contains objections if any.
4
Response to FER
Response must be filed within 12 months from date of FER. Cannot be extended.
5
Pre-Grant Opposition (if any)
Any person can oppose grant of patent after publication and before grant.
6
Grant of Patent
Patent granted if all requirements satisfied. Post-grant opposition possible within 12 months from grant date.
Publication
18
months from priority
RFE Deadline
48
months from priority
FER Response
12
months from FER
Term of a Patent in India
Patent Duration

Every patent granted in India has a term of 20 years from the date of filing of the patent application. For PCT applications, the term is 20 years from the international filing date.

Annual Renewal Fees

To keep the patent in force, renewal fees must be paid annually. Renewal fees are due from the 3rd year onwards and can be paid in advance for up to 2 years. A grace period of 6 months is available for late payment with surcharge. Failure to pay renewal fees results in lapse of the patent.

Patent Offices in India

India has four patent offices under the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM):

OfficeJurisdiction
Kolkata (Head Office)West Bengal, Andaman & Nicobar Islands, Sikkim, Bihar, Jharkhand, Odisha
DelhiHaryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, UT of Chandigarh, Delhi, Ladakh
ChennaiAndhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Goa & UTs
MumbaiMaharashtra, Gujarat, Madhya Pradesh, Chhattisgarh

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