Registration of Patent in

India
The patent registration process in India can be complex, but it's essential for
inventors and businesses to protect their intellectual property. Learn the key steps
and requirements.

by David Barman
Patent Registration Process
1 Step 1: Patent Search
Conduct a thorough patent search to ensure your invention is unique and meets the
eligibility criteria for patent registration.

2 Step 2: Filing Application

Prepare the required documents and file the patent application with the Indian Patent
Office, along with the prescribed fee.

3 Step 3: Examination & Approval

Your application will undergo examination to determine its novelty and inventive
step. Once approved, a patent is granted.
Eligibility Criteria for Patent
Registration
1 Novelty
Your invention must be new and not
disclosed publicly before filing the patent
application.
3 Industrial Applicability
Your invention should have practical use
and applicability in any industry.
2 Inventive Step
Your invention should involve an inventive
step, meaning it should not be obvious to a
person skilled in the field.
4 Non-Patentable Subject Matter
Certain subject matters such as
mathematical models, algorithms, or natural
processes are not eligible for patent
registration.
Patent Specification and Documents
Provisional
Specification
Submit a provisional
specification describing your
invention in detail, including
its features and advantages.
Complete
Specification
Submit a complete
specification within 12 months
of filing the provisional
application, providing full and
exhaustive details of your
invention.
Abstract
Write an abstract that
summarizes the essence of
your invention and its
technical aspects in a clear and
concise manner.
Examination and Approval Process

1 Request for Examination

File a request for examination within

Examination Report 2 48 months from the priority date or
An examination report will be issued, filing date of the application.
which may include objections or
requirements for amendments to the
patent application. 3 Response & Hearing
Prepare and submit a response
addressing the objections or
requirements. A hearing may be
Grant of Patent 4
scheduled if necessary.
If the patent application is found to be
in order, a patent will be granted,
providing exclusive rights and
protection for the invention.
Patent Act 1970: Key Provisions and
Amendments
Patentable Subject Matter
The Patent Act defines what can be patented,
including inventions, processes, and products
that meet the eligibility criteria.
Compulsory Licensing
Under certain circumstances, the government
can grant licenses to others to commercially
use a patented invention without the consent of
the patent holder.
Term of Patent
A patent is granted for a period of 20 years
from the date of filing the application, subject
to the payment of renewal fees.
Amendment in 2005
The Patent Act was amended in 2005 to
comply with international standards and
strengthen the protection of intellectual
property rights.
Rights and Protection under the
Patent Act
1 Exclusive Rights
A patent holder has exclusive rights to
make, use, sell, or import the patented
invention, preventing others from using
it without permission.
2 Monopoly Power
A patent grants a temporary monopoly
to the inventor, allowing them to
financially benefit from their invention
and recover research and development
costs.

3 Legal Protection
The Patent Act provides legal remedies, including the right to sue for infringement and seek
damages for unauthorized use of a patented invention.
Importance of Patent Registration
Protection for
Innovators
Patent registration safeguards
inventors' intellectual property
rights, encouraging innovation
and rewarding their efforts.
Competitive Advantage
Having a patent can provide a
competitive edge in the market,
granting exclusive rights over a
particular technology, product,
or process.
Monetization
Opportunities
Patents can be monetized
through licensing, selling, or
partnering with other
businesses, generating
additional revenue streams.