Patents are pivotal in protecting the intellectual property rights of fresh innovations, be they products, services, or processes. In India, to ensure these rights are recognized and upheld, one must adhere to the Indian Patent Act of 1970 for patent registration.

At IndiaFilings, we understand the intricacies of the Indian patent landscape. With our experts and streamlined processes, we guide you step-by-step, ensuring your invention stands out and receives the protection it rightfully deserves. Ready to safeguard your innovation? Let IndiaFilings lead the way to a hassle-free patent registration process.

What is a Patent?

A patent is a legal certificate that grants individuals or companies exclusive rights to protect their inventions, ensuring others cannot import, produce, or sell their inventions without permission. Many inventors do patent filing for their innovations to shield their unique concepts from unauthorized use.

Patent Registration Process in India

Patent filing is a formal process that grants inventors exclusive rights to their invention, whether it’s a product, service, or technology. This gives the inventor sole authority over their creation for the patent’s validity. Inventors and businesses must register their patents to prevent unauthorized individuals or entities from using, selling, or manufacturing their inventions without consent.

What is Eligible for patent filing in India?

In India, a diverse range of inventions can be granted patent protection. These encompass:

• Products: This encompasses novel and inventive tangible items like machinery, gadgets, chemicals, drugs, and fabricated goods.
• Processes or Methods: Patent registration in India can be obtained for innovative procedures or methods that present a fresh approach to performing a particular task or producing an item. This might cover manufacturing techniques, industrial processes, or pioneering methodologies.
• Machines: Any innovative and practical mechanical inventions, especially those showcasing novel mechanisms or parts, are patentable.
• Manufactured Goods: Articles produced using a distinct method or possessing unique attributes can be patented.
• Chemical Formulations: Novel and inventive chemical substances, encompassing medicinal drugs, are eligible for patents.
• Biotechnological Discoveries: Advances in the realm of biotechnology, such as genetic modifications, gene mapping, and groundbreaking biotech processes, can be patented.
• Software and Digital Innovations: In certain cases, software and computer-related inventions that exhibit originality and inventiveness can be secured through a patent filing.

What is Not Eligible for Patent Filing in India?

According to the Patent Act of 1970, certain inventions and discoveries are explicitly excluded from being patented. Here’s a list of non-patentable items:

• Inventions against the laws of nature.
• Inventions detrimental to human, animal, or plant life or harmful to the environment.
• Discoveries of basic scientific principles or theoretical concepts.
• Identification of substances occurring naturally, whether living or non-living.
• Inventions that are merely an existing process or apparatus unless they lead to a novel product.
• Simple combinations yield predictable results or properties of their ingredients.
• Elementary modifications or reordering of familiar devices.
• Items explicitly barred by the Patents (Amendment) Act, 2002.
• Agricultural or horticultural methods.
• Procedures associated with medical, surgical, healing, diagnostic, therapeutic, or prevention of conditions in humans or animals.
• Matters related to plants and animals (including seeds, varieties, species), excluding microorganisms.
• Computer software or mathematical formulas.
• Works of literature, drama, music, or art, encompassing films and TV shows.
• Basic methods of playing games.
• Simple display of information.
• Designs of integrated circuit layouts.
• Inventions that merely combine known properties of traditionally recognized components.
• Subjects related to atomic energy are not patentable.
• Always consult with a patent specialist for a thorough understanding tailored to your specific invention or idea.

Why is Patent Registration Crucial?

Undergoing the patent registration process and registering a patent is of paramount importance for several reasons:

• Legal Safeguard: Registration offers a solid legal shield for the patent owner. If someone infringes upon the patent, the holder can take legal recourse and claim damages. Absent registration, this protection is unenforceable.
• Transferable Privileges: With a registered patent, the owner can sell or license their invention, paving the way for potential revenue streams.
• Two-Decade Protection: Once granted, a patent’s protection lasts for 20 years, ensuring long-term exclusivity.
• Business Edge: Registering a patent provides businesses a competitive upper hand, as rivals are deterred from integrating patented innovation into their offerings.
• Building Assets: Beyond just an idea, a patent is a tangible intellectual property asset for an enterprise. It can be marketed, transferred, or leveraged in business deals.

Always consider consulting with experts when thinking about the patent filing process to reap its full benefits.

Requirements for Submitting a Patent Application

For an invention to be patentable in India, it needs to fulfill the following key criteria:

• Novelty: The invention should be unique and not have been disclosed or published in India before the date of the patent application.
• Inventive Step (Non-Obviousness): The invention shouldn’t be an evident advancement for someone well-versed in the relevant domain. It should bring forth something unexpected or non-obvious.
• Industrial Utility: The invention must have practical value and be usable in an industrial setting.

Consult a patent expert to understand and navigate the patent application process effectively.

Validity of Patent Registration in India

In India, once a patent is registered, it remains valid for a period of 20 years from the date of filing the provisional or complete patent application. After the conclusion of this 20-year tenure, the patent becomes public property.

Required Documents for Patent Registration Process

For patent filing in India, the following documents are essential:

• Patent Registration Application: Form-1.
• Complete Specifications: Form-2. In the absence of complete specifications, a provisional specification can be submitted.
• Statement and Undertaking: Form-3.
• Inventor’s Declaration: A declaration from the inventor clarifying the details of the invention and its originality, provided in Form-5.
• Proof of Right: Documentation from the inventor confirming the applicant’s right to apply for the patent registration.
• Power of Authority: If a patent agent or legal representative is submitting the patent application, then Form-26, a power of authority, is required.
• Priority Documents: For convention applications (from the Paris Convention) or PCT (Patent Cooperation Treaty) national phase applications, it’s imperative to present priority documents. These can be provided with the initial submission or within 18 months from the priority date.
• Permission from National Biodiversity Authority: If the application involves biological material sourced from India, obtaining permission from the National Biodiversity Authority is mandatory.
• Source of Biological Material: The patent application should specify the source or origin of any biological material mentioned in the specifications.

Steps for Patent Registration in India

Acquiring a patent registration in India involves a systematic procedure, commencing with a Patent Search and culminating in issuing a Patent Registration Certificate.

Here’s a breakdown of the patent filing process in India:

Step 1: Conducting Patent Search

Begin the process with a thorough patent search to ascertain the invention’s uniqueness. It’s advisable to undertake patent searches before filing to gauge the novelty of your invention. If your invention mirrors prior art or closely resembles existing patents, its novelty might be contested by the Indian Patent Office. Hence, preliminary patent searches are pivotal to gauging the probability of patent approval.

Step 2: Drafting the Patent Specification

Upon completing the international searches, the next step is to draft the patent specification. This document, framed in technical and legal terms, may or may not incorporate the inventor’s claims. Absence of claims indicates a provisional specification; presence denotes a complete one. The specification outlines the invention, offering a comprehensive description, practical instances, and the best implementation method. A patent is legally shielded when its specification, including the inventor’s claims, is exhaustive.

Step 3: Filing the Patent Application

After preparing the Patent Specification, you can proceed with the patent application filing in India. Depending on the drafted specifications, applications can be either provisional or complete. The Provisional or Complete Specification is lodged in Form 2, whereas the Patent Application is in Form 1, in line with the Indian Patent Act. If you’ve filed a provisional patent specification, a complete one encompassing the inventor’s claims should be submitted within 12 months. Ensure to pay the requisite patent registration fees along with the application.

Step 4: Publicizing Patent for Opposition

Post the patent application, the patent is listed in an official gazette for public scrutiny. This transparency enables the public to raise objections against the patent, provided they have valid reasons.

Step 5: Initiating Patent Examination

The patent application undergoes examination only after an explicit examination request has been made. This request should be made within 48 months from the patent’s filing or its priority date. An assigned patent examiner then scrutinizes the application, releasing an examination report highlighting concerns. A response to this report must be dispatched within a year of its release. If needed, the examiner might summon the applicant or representative to a hearing to address these concerns, termed patent prosecution.

Grant of Patent Registration

Upon successfully resolving the examination report’s concerns and the examiner’s satisfaction with the applicant’s clarifications, the patent registration process in india progresses to the final stage: the grant of a Patent Registration. This concludes the procedure for patent registration in India. Conversely, if the counterarguments don’t convince the examiner, the application gets declined, necessitating the applicant to restart the entire patent process for subsequent protection in India.

Where to file a Patent Application

It’s filed at the appropriate patent office using Form-1 and a provisional/complete specification, along with the required fee. The following factors are used to determine a patent office’s jurisdiction –

• Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
• The place from where the invention originated.
• Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).

Mumbai Patent Office Jurisdiction

The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.

Delhi Patent Office Jurisdiction

The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.

Chennai Patent Office Jurisdiction

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.

Kolkata Patent Office Jurisdiction

The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.

Patent Renewal and Its Application Process

To ensure the continued protection of an invention, it’s essential to renew the patent regularly. If not renewed, the patent expires, and the invention becomes publicly accessible. In India, patent renewal is a yearly process carried out by the patentee by applying along with the requisite patent registration fees.

Restoration of a Patent

If the patent expires due to non-renewal, one can apply for its restoration. To do so:

• File a restoration application using Form-15 within 18 months from the date the patent became inactive.
• Provide a statement describing the circumstances that led to the failure to renew the patent.
• Pay the prescribed restoration fee.
• Upon receiving the application, the Controller will evaluate the reasons for the delay. If deemed satisfactory, the patent may be restored.
• It’s advisable to regularly track patent renewal dates or engage with a patent agency to manage these renewals, ensuring continuous protection for the invention.