Patent registration is a legal process under intellectual property law that provides an inventor with exclusive rights over their invention. Patent registration restricts others from making, using, selling, or importing the invention without authorisation for a limited time, typically 20 years from filing. By acquiring ownership of the invention, individuals and companies can protect their innovations, attain commercial benefit, license out their technology, and reap the benefits of monetisation opportunities. Abhinav Suresh Advocate CA provides fast track patent filing in India, our registered patent agents can file for registration within 14 days. File online today and enjoy exclusive legal rights for 20 years
The Indian Patent Act, 1970 regulates patents in India. The Act outlines the legal framework for patent granting, enforcement, and protection in India. The Act covers inventions in several areas including chemicals, drugs, engineering, and biotechnology, as long as they satisfy requirements such as novelty, inventive step, and industrial applicability. By providing exclusive rights to inventors for a limited time (20 years in most cases), the Act promotes innovation and investment in research and development.
In India, you can file several types of patent applications depending on the development stage of your invention. Patent applications can be filed under different categories depending on the nature and stage of the invention. Here are the main types:
1. Provisional Application
Filed when the invention is still under development. It secures a priority date and gives the applicant 12 months to file the complete specification. Ideal for early-stage innovations.
2. Complete Specification Application
Filed when the applicant has a complete and finalised invention. It must include a full specification with detailed descriptions, drawings, and claims. Can be a direct or subsequent filing (after a provisional patent application).
3. Convention Application
Filed in India within 12 months of filing a similar application in a convention country. It allows the applicant to claim priority from the earlier foreign filing.
4. PCT International Application
A single international filing under the Patent Cooperation Treaty (PCT) that gives the applicant up to 31 months to enter multiple countries. It includes international search and examination reports to assess patentability.
5. PCT National Phase Application
Filed in individual countries (including India) after an international PCT application. Must be submitted within 31 months from the priority date to seek protection in that country.
6. Patent of Addition
Filed for improvements or minor modifications to an already filed or granted patent. It does not require a separate renewal fee and expires with the main patent.
7. Divisional Application
Filed when an application claims more than one invention. The original (parent) application is divided, and each division retains the same priority date as the original.
In India, patents can be granted for a wide range of inventions that are new, involve an inventive step, and are industrially applicable. Eligible categories include:
Products : New and inventive items like machines, devices, chemicals, and pharmaceuticals
Processes or Methods : Innovative ways of manufacturing or doing things, including industrial processes
Machines : Mechanical inventions that demonstrate novelty or improved functionality
Manufactured Goods : Unique articles made using distinct or innovative methods
Chemical Formulations : Novel chemical compounds, including new drug compositions
Biotechnological Inventions : Innovations such as gene editing, genetic sequences, and biotech processes
Software and Digital Innovations : Software or computer-related inventions that solve a technical problem and meet patentability criteria.
Under the Indian Patents Act, 1970, the following are excluded from patent protection:
Inventions that violate natural laws or public morality
Discoveries of scientific principles or natural substances
Abstract theories, mathematical methods, or algorithms
Agricultural or horticultural methods
Medical, surgical, or therapeutic methods for treating humans or animals
Plants, animals, seeds, and biological processes (except microorganisms)
Artistic works, films, or literary creations
Designs of semiconductor circuit layouts
Inventions related to atomic energy.
When registering a patent online in India, several key documents must be submitted to ensure the application complies with legal and procedural requirements. Here’s what you need:
Patent Application (Form 1) : The official application form to initiate the patent filing process
Specification (Form 2) : Includes either a provisional or complete specification outlining the invention’s technical details, claims, and abstract
Statement and Undertaking (Form 3) : Discloses any foreign patent applications filed for the same invention under Section 8 of the Patents Act
Declaration of Inventorship (Form 5) : Confirms the inventor(s) of the invention and their contribution
Power of Attorney (Form 26) : Required when a registered patent agent or legal representative files the application on behalf of the applicant
Priority Documents : Needed for Convention or PCT National Phase applications. These must be submitted at the time of filing or within 18 months from the priority date
Permission from National Biodiversity Authority : Mandatory if the invention involves biological materials sourced from India
Key Forms Used in Patent Filing
Patent filing in India involves several forms, each serving a specific purpose throughout the application process. Here’s a detailed outline of the most important forms:
Form 1 – Application for Grant of Patent : Starts the patent process and includes details of the applicant, inventor, and type of application.
Form 2 – Provisional or Complete Specification : Provides a technical description of the invention. A provisional specification secures a priority date, while a complete specification includes full claims.
Form 3 – Statement and Undertaking (Section 8) : Discloses details of any corresponding applications filed in other countries for the same invention.
Form 5 – Declaration as to Inventorship : Declares the name(s) of the actual inventor(s) to establish authorship.
Form 9 – Request for Early Publication : Allows the application to be published before the standard 18-month period from the filing date.
Form 18 – Request for Examination : Must be filed to initiate the examination process. Without it, the application will not be reviewed.
Form 26 – Power of Attorney : Authorizes a patent agent or attorney to act on behalf of the applicant.
Form 27 – Statement of Commercial Working : Filed after the patent is granted to disclose whether the invention is being commercially worked in India.
Form 28 – Declaration for Startups and Small Entities : Used by eligible startups and small entities to claim benefits like reduced government fees and faster processing.