Patent Registration in India

The Patents Act, 1970 excludes certain subject matter from patent protection. Key exclusions include:

• Frivolous inventions or those contrary to established natural laws.
• Inventions harmful to public order, morality, human, animal, or plant life, health, or the environment.
• Mere discoveries of scientific principles, abstract theories, natural substances, or new uses or properties of known substances without the required enhancement.
• Mere admixtures or arrangements of known devices.
• Methods of agriculture, horticulture, medical treatment, or diagnosis.
• Plants and animals, except microorganisms, and essentially biological processes.
• Mathematical or business methods, computer programs per se, and algorithms.
• Literary, artistic, musical, dramatic, or cinematographic works.
• Mental acts, game rules, methods of presenting information, and integrated circuit topography.
• Traditional knowledge and mere duplication of traditionally known properties.
• Inventions relating to atomic energy, as covered under Section 4.

India's patent system allows several types of applications, depending on the invention's development stage, filing strategy, and the geographical scope of protection sought. The table below summarizes each type:

Under Section 6 of the Patents Act, 1970, a patent application in India can be filed by the following persons:

• The true and first inventor: The person who conceived and developed the invention.
• The assignee: A person or entity that has legally acquired the inventor's rights through a valid assignment. This may include an employer, company, startup, or research institution.
• The legal representative: The legal representative of a deceased person who was entitled to apply for the patent.

The applicant may be an individual, company, LLP, educational institution, research organization, or government body, depending on who holds the rights to the invention. Two or more persons or entities can also apply jointly as co-applicants or co-owners.

Note: If an invention is created during employment, the right to apply may belong to the employer, depending on the terms of the employment agreement.

The documents and forms required for patent filing depend on the type of application and the applicant's circumstances. Under the Patents Rules, 2003, as amended, the commonly required documents and forms include:

The patent application process in India generally involves the following steps:

Step 1: Conduct a Patentability and Prior-Art Search

Search existing patent databases and scientific literature to confirm the invention is new, involves an inventive step, and hasn't been disclosed anywhere in the world.

Timeline: 2–7 days (up to 2–3 weeks for an in-depth search)

Step 2: Draft the Patent Specification

Prepare a provisional or complete specification, depending on the invention's development stage. A complete specification should include the title, field of invention, background, summary, detailed description, claims, abstract, and drawings (if required).

Timeline: 3–10 days, depending on complexity

Step 3: File the Patent Application

Submit Form 1 along with Form 2 and supporting documents on the IP India portal. This establishes the official filing date and application number, so details should be checked for accuracy before submission.

The filing fee is ₹1,600 for natural persons, startups, small entities, and educational institutions, and ₹8,000 for other entities.

Timeline: 1 day

Step 4: Publication of the Application

The application is published automatically in the Patent Journal 18 months after the filing or priority date. File Form 9 for early publication instead, which typically takes about 1 month.

Timeline: 18 months (around 1 month with Form 9)

Step 5: Request for Examination

Patent examination does not begin automatically. The applicant must file Form 18 to request examination. Eligible applicants can use Form 18A for expedited examination under Rule 24C.

Rule 24C currently covers these 7 broad categories:

• Startups recognized by DPIIT
• Small entities
• Female natural persons, including eligible joint applicants
• Government departments, government companies, and government-financed institutions
• Applicants whose corresponding PCT application names India as the ISA or IPEA
• Applicants eligible under a notified bilateral or special patent-processing arrangement
• Educational institutions established by a Central or State Act

The prescribed Form 18A examination fee is ₹8,000 for eligible categories and ₹60,000 for other applicants, subject to the applicable fee category.

Timeline: For applications filed on or after 15 March 2024, the request for examination must generally be filed within 31 months from the priority date or filing date, as applicable. Applications filed before 15 March 2024 retain the earlier 48-month examination window.

Step 6: Examination and First Examination Report (FER)

The examiner reviews the application for novelty, inventive step, and industrial applicability, then issues a First Examination Report listing any objections. Objections must be addressed through amendments or written explanations.

Timeline: FER issued within 6–12 months of the request; response due within 6 months, extendable by 3 months

Step 7: Hearing and Compliance (if required)

If objections remain unresolved after the FER response, the Controller may schedule a hearing. The applicant can present technical or legal arguments and submit permitted amendments to address the remaining objections.

Timeline: Usually scheduled 1–3 months after the FER response

Step 8: Pre-Grant Opposition (if any)

After publication, any person can file a pre-grant opposition before the patent is granted. The Controller first decides whether the opposition is maintainable before notifying the applicant. The applicant then has two months to submit a statement and evidence supporting the application. A ₹7,500 fee applies for attending the hearing.

Timeline: Anytime after publication, until grant

Step 9: Grant of Patent

Once objections are cleared, the Controller issues the grant. The patent is then published in the Patent Journal, and the applicant receives the official patent certificate.

Timeline: Typically 2-4 years from filing, as an industry estimate (faster with expedited examination); IP India does not publish an official average

Step 10: Post-Grant Opposition and Renewal

After grant, an interested person can file a post-grant opposition within one year from the date of publication of the grant. Renewal fees are payable annually from the third year through the twentieth year to keep the patent in force. The fees vary based on the renewal year and applicant category.

Timeline: Opposition period of 12 months from publication of the grant, with renewal fees payable annually from the 3rd year through the 20th year.

The IP India website provides a dedicated Patent Status service under its E-Services section, where applicants can check the progress of their applications.

Follow these steps to check your patent application status:

1. Visit the official IP India website and open the Patent Status service under the E-Services section.
2. Enter your patent application number and the other details requested by the portal.
3. Complete the required verification, if prompted, and submit the search.
4. Review the current status and available records for your application. Depending on its stage, the records may relate to filing, publication, examination, the First Examination Report (FER), hearing, grant, or disposal.
5. Keep your application number and filing acknowledgement safely, as these details are useful for tracking the application and referring to official Patent Office communications. IP India also recommends verifying the submission and tracking the application status regularly.

Government patent fees in India generally start at ₹1,600 for e-filing, while professional fees start from ₹1,499. The final cost depends on the applicant category, number of claims and pages, application complexity, and services required. The cost breakdown is as follows:

Government Patent Filing and Examination Fees

The following table outlines the main government fees for filing, publication, and examination of a patent application:

The Form 1 fee covers a specification of up to 30 pages and 10 claims. Additional fees apply for pages and claims exceeding these limits. Physical filing attracts a 10% additional fee over the applicable e-filing fee.

Patent Renewal Fees

Once a patent is granted, renewal fees are payable to keep it in force for its full 20-year term:

These are the prescribed e-filing renewal fees under the current First Schedule.

Note: Form 2 does not have a separate base filing fee when the provisional or complete specification is filed with the patent application. Additional page or claim fees may apply when the prescribed limits are exceeded.

Patent applicants and owners must meet prescribed filing, examination, reporting, and renewal requirements to keep their applications and patents in good standing.

• File the complete specification on time: A complete specification must generally be filed within 12 months of a provisional application. Failure can result in abandonment of the application.
• Request examination within the prescribed period: For applications filed on or after 15 March 2024, the request for examination is generally due within 31 months from the priority date or filing date, as applicable. Older applications retain the 48-month period.
• Respond to examination objections: Failure to comply with the Controller's requirements within the prescribed period can result in the application being treated as abandoned under Section 21.
• Maintain the granted patent: Renewal fees are payable from the third year through the twentieth year. Missing these payments can cause the patent to cease to have effect, subject to restoration provisions.
• Meet reporting and information requirements: Patentees and applicants must provide information required under the Patents Act, including applicable working statements and foreign application information.
• Follow secrecy and foreign-filing requirements: Certain inventions may require permission before filing outside India. Breaching secrecy directions or Section 39 can attract imprisonment, a fine, or both under Section 118.
• Avoid false patent claims: Falsely representing an article as patented or subject to a patent application in India can attract monetary penalties under Section 120.
• Comply with statutory information requirements: Failure to furnish information required under Section 146 can attract monetary penalties under Section 122. Practising as a patent agent without registration can also attract penalties under Section 123.

Since 1 August 2024, the Jan Vishwas amendments have replaced imprisonment with monetary penalties for several violations under Sections 120, 122, and 123, with adjudication and appeal mechanisms under Sections 124A and 124B. Section 118 continues to provide criminal punishment for specified secrecy violations.

Patent infringement occurs when a person or business exploits a patented invention without the patent holder's permission. The following activities can constitute infringement:

• Manufacturing a patented product
• Using a patented process
• Selling or offering for sale a patented product
• Importing patented products into India
• Commercially exploiting patented technology without a valid license

Legal Remedies Available to Patent Owners

If patent infringement occurs, the patent owner can file a suit before the competent court and seek relief under Section 108 of the Patents Act. The available remedies include:

• Interim and Permanent Injunctions: Court orders that restrain the infringer from continuing the unauthorized activity.
• Damages or Account of Profits: The patentee can seek either compensation for losses suffered or the profits earned by the infringer from the infringement, but not both.
• Seizure or Destruction of Infringing Goods: The court may order the seizure, forfeiture, or destruction of infringing products where appropriate.

A patent in India generally remains valid for 20 years from its filing date, subject to payment of renewal fees and other compliance requirements. If a patent lapses due to non-payment, restoration may be possible under specific conditions. A granted patent can also be revoked on statutory grounds.

1. Patent Renewal

Patent holders must pay renewal fees from the third year through the twentieth year to keep the patent in force. The fees vary by applicant category and renewal period. For example, eligible applicants pay ₹800 per year for the 3rd to 6th years. See the Patent Renewal Fees section above for the complete fee schedule.

Renewal fees may also be paid in advance for multiple years. Paying at least four years' renewal fees in advance through e-filing provides a 10% fee reduction. A payment extension of up to six months is available through Form 4 with the prescribed fee.

2. Patent Restoration

If a patent lapses because renewal fees were not paid, the patentee can apply for restoration under Section 60.

• Form 15 must generally be filed within 18 months from the date of lapse.
• The applicant must explain the circumstances that caused the failure to pay and show that the failure was unintentional.
• The Controller may publish the restoration application, allowing interested parties to oppose it.
• If restoration is allowed, the unpaid renewal fees and prescribed additional fee must be paid within the specified period.
• Restoration involves a prescribed Form 15 fee, with the amount depending on the applicable applicant category.

3. Patent Cancellation (Revocation)

A patent grant does not guarantee permanent validity. It can be revoked if it was granted despite failing patentability requirements or due to certain procedural non-compliance. Common grounds for revocation include:

• The invention lacks novelty, does not involve an inventive step, or is not industrially applicable. Any one of these grounds can be sufficient for revocation.
• The subject matter is not patentable under the Patents Act, 1970.
• The patent was obtained through fraud, misrepresentation, or wrongful entitlement.
• The complete specification does not adequately describe the invention.
• Required disclosures regarding foreign patent applications were not provided.
• The invention was publicly known, publicly used, or published before the priority date.

Patents, copyrights, and trademarks are the three primary forms of intellectual property protection in India. While all three protect valuable creations and business assets, here's how they differ:

For a detailed comparison of their eligibility, rights, validity, and registration requirements, see Patent vs Copyright vs Trademark.