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Fast-Track Patent Filing in 4 Days
What is Patent Registration?
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. Taxmaan 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
Indian Patent Act, 1970
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.
Advantages of Patent Registration in India
Filing for a patent in India provides the applicants vital protections and possibilities that promote innovation and expansion. It grants monopoly rights and expands commercial and strategic worth in a competitive environment. Following are some benefits:
Exclusive Legal Rights
A patent provides exclusive rights on the owner to produce, utilise, sell, or import the patented invention for 20 years from the date of filing. These rights inhibit others from using the invention without authorisation, providing the creator with authority over its business use.
Asset Creation and Market Positioning
Patents are tangible assets that improve a company’s net value by protecting distinctive processes or technologies. Not only does this add to the company’s portfolio but also to its reputation as an innovator. Patents assist in establishing a business at the forefront of their industry, making their products and services stand out in competitive markets.
Licensing and Commercialisation Benefits
Licensing patents to third-party companies earns royalty revenue without giving up ownership. Patents may be sold or pledged as security for financing. Partnerships are facilitated by licensing agreements that increase market access.
Investor Confidence and Strategic Value
Patents enhance the credibility of a business by illustrating the company’s dedication to innovation and guarding its competitive edge. The company becomes more appealing to investors who desire assurances for their investments. Patents are useful assets in negotiating, collaboration, and expansion in the marketplace as tactics.
Types of Patent Applications
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.
Patentability Criteria in India
Patentability in India is governed by the Patents Act, 1970, particularly Sections 2, 3, and 4. These include novelty, inventive step (non-obviousness), and industrial applicability. In addition, the invention must not fall under excluded subject matter as outlined in Sections 3 and 4 of the Act. To be eligible for patent protection, an invention must meet three key criteria:
Novelty or Newness
To be considered novel, an invention must not have been disclosed to the public anywhere in the world before the filing date. This includes publications, prior patent applications, websites, or public demonstrations.
Non-obviousness or Inventive Step
An invention must involve an inventive step, meaning it should not be obvious to a person skilled in the relevant field. It should represent a technical advancement or economic significance over existing knowledge.
Usefulness or Utility
The invention must be capable of industrial application, meaning it should be usable in some kind of industry and provide a tangible benefit. This requirement ensures that the invention is not purely theoretical or speculative, but has practical utility.
What Can Be Patented in India
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.
What Cannot Be Patented in India
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.
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Documents Required for Patent Registration in India
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.
Step-by-Step Patent Registration Process in India
At Taxmaan, we simplify the complex process of patent registration by offering expert legal support at every stage. From patent searches to grant of patents, our team ensures that all forms are accurately filed and timelines strictly followed. Here’s how we help you secure your invention legally and efficiently:
Step 1: Conduct a Patent Search (Novelty & Prior Art)
Taxmaan starts with a thorough patent search to determine whether your invention is novel and not disclosed in the prior art (previous patents, publications, or known arts). This is important to establish whether your concept is patentable and to prevent rejection on examination.
Step 2: Prepare Provisional or Complete Specification (Form 2)
Our professionals assist in preparing Form 2, which contains a provisional or full specification. A provisional specification describes the idea for obtaining an early priority date, and a full specification describes the technical details of the invention and the claims. Taxmaan makes your specification complete, precise, and patent-law-compliant.
Step 3: File the Patent Application (Form 1)
Taxmaan submits Form 1, the formal application to register for a patent, with the Indian Patent Office. This contains details of the applicant and inventor. As soon as it is submitted, we send you the filing receipt—a document that shows your date and application number, reserving your rights from this date onwards.
Step 4: Submit Other Required Forms (Form 3, Form 5)
We help file Form 3, which is a statement and undertaking for any foreign filing for the same invention. We also file form 5, which is an inventorship declaration. We get these filed within the legally required time limits to keep the application process on schedule.
Step 5: Publication in Patent Journal (After 18 Months)
Your application automatically gets published in the Indian Patent Journal 18 months from the date of priority. Taxmaan also has the option to request early publication, if required. Publication is important as it brings your invention out in the open and allows pre-grant opposition, if any.
Step 6: File Request for Examination – RFE (Form 18)
In 48 months from the date of priority, Taxmaan submits Form 18, the Request for Examination. This starts the process of examination where a patent examiner examines your application for patentability requirements compliance.
Step 7: Respond to First Examination Report (FER)
Once the examiner issues a First Examination Report (FER), we assist you in preparing and filing a solid response to respond to objections or requirements. Taxmaan ensures all legal and technical amendments are completed within the six-month response duration (extendable by 3 months). The Patent Office might schedule hearings which require arguments followed by written submissions to be filed.
Step 8: Patent Grant and Patent Certificate Issuance
Once all objections are cleared and compliance is verified, the patent is granted by the Indian Patent Office. Taxmaan will inform you of the grant, and you will receive the official patent certificate, validating your sole rights for 20 years from the date of filing.
Note : Objections can be raised by patent examiners if the invention is not novel or not non-obvious, and the applicant needs to reply in turn to have proper patent protections. Preparation with access to patent databases prevents rejection and ensures compliance. Inventors pay fees regularly after patents are granted to keep protection and defend objections raised over the term of the patent.
Timeline for Patent Registration in India
The registration of the patent in India usually happens between 1 to 3 years from the time of the first filing to the actual grant, depending on the complexity of the invention and whether expedited procedure is applied or not. It starts with the filing of a provisional or full specification, and then publication, typically after 18 months unless early publication is particularly sought. After filing a request for examination (within 48 months), the Patent Office reviews the application and issues a First Examination Report (FER).
The applicants have to reply within 6 months, and a possible extension of 3 months. Objections being cleared and requirements fulfilled, the patent is issued for a 20-year period from the date of filing. Expedited examination, for startups, small entities, and women business entrepreneurs, can cut the time to 1–1.5 years. Payment of renewal fees on time is required in order to keep the patent valid. Parameters such as complexity in inventions, office workload, and pro-active measures such as early publication may have an important bearing on the time span.
Validity of a Patent in India
In India, a patent remains valid for 20 years from the date of filing of complete specification. For applications filed under the Patent Cooperation Treaty (PCT) designating India, the 20-year term is calculated from the international filing date.
Where to File a Patent Application in India
Patent applications are made on Form-1 accompanied by a provisional or full specification and the relevant fee before the respective patent office. Jurisdiction is identified on the basis of:
- The residence, place of business, or domicile of the applicant (in case of joint applicants, the first one mentioned)
- Where the invention was made
- Service address in India (where foreign applicants are without an Indian presence).
Jurisdictions of Patent Offices:
- Mumbai: Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh, Daman & Diu, Dadra & Nagar Haveli.
- Delhi: Delhi, Himachal Pradesh, Haryana, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand.
- Chennai: Tamil Nadu, Andhra Pradesh, Karnataka, Kerala, Puducherry, Lakshadweep.
- Kolkata: West Bengal, Bihar, Odisha, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, Andaman & Nicobar Islands, and the rest of India.
Patent Renewal Process in India
To keep a patent valid in India, annual renewal is required starting from the 3rd year after filing. If the fee isn’t paid on time, a 6-month grace period is available, beyond which the patent lapses. However, it can still be restored within 18 months by filing a restoration application and proving the delay was unintentional. This process can be time-sensitive and complex and that’s where Taxmaan steps in. We track your renewal dates, manage fee payments, and handle restoration filings (Form 15) on your behalf. Our legal experts ensure timely action, help respond to objections (if any), and minimise the risk of losing your rights due to missed deadlines.
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