Patent Registration in India
A patent is a legal recognition granted by the government to an inventor, giving exclusive rights to make, use, sell, or license their invention. It prevents others—individuals or companies—from exploiting the invention without permission.
Who Can File a Patent in India?
| Applicant Type | Details |
|---|---|
| Individual Inventors | Startup founders, researchers, or independent inventors. |
| Companies/Institutions | Organizations funding R&D can file patents. |
| Assignees | When inventors transfer patent rights to another party. |
| Heirs or Legal Representatives | In case the original inventor is deceased. |
Case Reference: V.B. Mohammed Ibrahim v. Alfred Schafranek (2009) – Only the true inventor or their assignee can file, preventing misuse.
Patentable vs Non-Patentable Inventions
| Category | Details | Example/Case |
|---|---|---|
| Patentable | Must be new, show an inventive step, and have industrial application. | Innovative device or chemical process. |
| Non-Patentable | Agricultural methods, medical treatments, natural discoveries, atomic energy inventions. | Novartis v. Union of India (2013) – Minor improvements or incremental tweaks are not patentable. |
Tip: Conduct a patentability check before filing to avoid wasting time and resources.
Essential Documents for Filing
| Form | Purpose |
|---|---|
| Form 1 | Patent Application |
| Form 2 | Specification (provisional or complete) |
| Form 3 | Statement & Undertaking |
| Form 5 | Declaration of Inventorship |
| Form 26 | Power of Attorney (if filed through agent) |
Step-by-Step Patent Registration Process (2025)
| Step | Description | Key Points |
|---|---|---|
| Step 1: Invention Disclosure | Document invention under NDA. | Avoid public disclosure to retain rights. |
| Step 2: Patent Search | Conduct patentability search. | Prevents filing duplicates; reduces rejection risk. |
| Step 3: Draft Specification | Prepare detailed specification. | Poor drafting can lead to weak protection. |
| Step 4: File Application | Provisional (if idea developing) or Complete. | Provisional secures early priority. |
| Step 5: Publication | Automatic after 18 months. | Early publication can be requested. |
| Step 6: Request for Examination | File within 48 months of application. | Delays can lead to rejection. |
| Step 7: FER & Objections | Respond to First Examination Report (FER) and objections. | Timely responses are critical. |
| Step 8: Grant of Patent | Patent is granted after objections resolved. | Legal protection begins. |
| Step 9: Renewal | Annual renewals from year 3 to 20. | Mandatory to maintain patent rights. |
Why Filing a Patent is Beneficial
Exclusive Rights
Full control over your invention.
Investor Confidence
Patents improve startup funding potential.
Revenue Generation
Licensing or royalties.
Legal Protection
Right to sue infringers.
Challenges in Patent Registration
| Challenge | Explanation |
|---|---|
| High Costs | Filing and renewal can be expensive over 20 years. |
| Long Timelines | Standard process: 3–5 years; expedited options exist. |
| Oppositions | Competitors may file objections or oppositions. |
| Enforcement Delays | Legal action against infringement may take time. |
| Rapid Technology Change | Some patents may become outdated quickly. |
Landmark Indian Patent Cases
| Case | Year | Key Takeaway |
|---|---|---|
| Bishwanath Prasad v. Hindustan Metal | 1979 | Genuine innovation is required. |
| TVS v. Bajaj | 2009 | Injunctions require strong proof of validity. |
| Enercon v. Wobben | 2014 | Clarified ownership and assignment rights. |
| Novartis v. Union of India | 2013 | Minor modifications are insufficient for patentability. |
Strategies for 2025 Innovators
- Use IPO Online Filing: File electronically and consider expedited examination for startups.
- Global Expansion: File under PCT if intending international coverage.
- Claim Startup India IPR Rebates: Reduce filing and renewal costs.
- Maintain Records: Lab notes, prototypes, and signed documents.
- Act Quickly Against Infringers: Enforce rights promptly.
- Licensing Opportunities: Generate revenue without losing ownership.
Final Word
Patent registration is a business decision as much as a legal step. Innovators who file early often gain a competitive advantage, attract investors, and secure long-term business growth. Patents last 20 years, providing exclusive protection and credibility.
FAQs on Patent Registration
How to get a patent in India?
Draft an invention disclosure, conduct a patentability search, file provisional or complete specification, respond to FER/objections, obtain grant, and maintain annual renewals.
How long does it take to get a patent in India?
Usually 3–5 years; expedited examination is available for startups, small entities, and women inventors.
Is a provisional patent application valid in India?
Yes, it secures priority for 12 months, after which a complete application must be filed.
Who can file a patent in India?
Individual inventors, companies, assignees, or legal heirs.
What are the costs of patent registration?
Filing, examination, and renewal fees vary by entity type (individual, startup, small entity, or large entity).
What documents are required for patent filing?
Forms 1, 2, 3, 5, 26 (as applicable), invention disclosure, and supporting proofs.
Ready to protect your invention?
Contact Mundra Legal for patent searches, drafting and prosecution support.