Patent Registration- Introduction

A patent is a legal document that is granted by the government of the state or the country, depending on the national rules. It gives an inventor of a particular thing, the exclusive right to make, use and sell his or her creation for a specified period of time. The basic idea of this system is to encourage the inventors to safeguard their own creations. Books, movies, and some artworks cannot be patented. However, one can protect these assets under the law of copyright. The law of patent is one branch of the larger legal field known as intellectual property. “A Patent is a right granted to an inventor by the government which gives him sole control over his invention and enables him to stop others from making, using, selling, offering to sell, or importing his invention”. In return of such exclusive right over the invention, the government asks the individual to disclose its elementary technical idea behind the same.

In exchange of such disclosure, the inventor gets a Patent Registration and enjoys Monopoly over the invention (in form of aforementioned exclusive rights) for a limited period (generally 20 years). After the passage of such time, the invention goes into public domain and becomes free for anyone to use. The rights granted by Patent Registration are territorial in nature i.e. they are applicable and enforceable only in the country they are granted or registered in. For example: If you get a Patent Registration in India, it gives you right with respect to India only and you cannot stop an individual in US from using your invention. To get your invention protected in US, you need to get the same Patent Registration there.

Therefore, an Idea should always be protected through Patent Registration, so that you always maintain the monopoly over your idea. Moreover, always remember to file for Patent Registration, before disclosing it to public, because if you disclose before filing for a Patent Registration, you will not be able to file for Patent Registration later.

How long does a patent last?

The protection is granted for a limited period, generally 20 years from the filing date of the application.

Utility and plant patents are granted for 20 years, whereas
Design patents are granted for either 14 or 15 years, depending on when filed.

Characteristics of patents

A patent is a type of intellectual property

A patent is the granting of a property right by a sovereign authority to an inventor.

This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention.

In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

Few Concepts of Patent Registration in a nutshell

What Can Be Patented?

Any invention can be patented. The invention is any creation that is new and has not been made before. A common misconception is that inventions are created only by the greatest scientists and involves earth-shattering innovations. However, to get a patent registration you just need to fulfill the patentability criteria even if your invention is small. For example, a throwing stick for a dog is patented, and Michael Jackson’s special shoes meant for moonwalk steps are also patented. Even someone’s unique college project can also be an invention and eligible for patent registration

What Are the Contents of a Patent?

The patent document is written in a specific format which includes:

Specification;
A detailed description of the invention; and
Claims along with relevant drawings.

The patent Registration process also requires a patentability search to be done before applying for Patent Registration. The reason to do patentability search is that a patent cannot be granted for something, which already exists. Thus, the Patentability Search saves future costs of unnecessary Patent Registration.

What is the Time taken for a Patent Registration?

It takes around 1-3 years for a patent registration based on the route you choose. For example, startups can expedite the whole process and be completed in a matter of months. Hence, you should hire a registered patent attorney or a registered patent agent to help you provide the best advice and fastest route possible.

What is the Process of Patent Registration?

The Patent Document upon completion is sent for Patent filing in the Indian Patent Office. The Patent Filing is performed based on several details (such as name, address etc.) obtained from the inventor. Different details are required for Patent Filing in different cases. The Patent Application is published after patent filing.

Subsequently, the patent application is examined by the Indian Patent Office. The Indian Patent Office performs two functions. The Indian Patent Office, firstly, performs a formal check for any inconsistencies. Secondly, the Indian Patent Office performs a patentability search for the invention. Generally, the Indian Patent Office sends a First Examination Report based on their patentability search. The Registered Patent Attorney or the Registered Patent agent responds to the First Examination report. The Indian Patent Office grants the patent if the response is satisfactory.

Why you should not share your Invention in public before filing of a Patent Application?

If you are disclosing your invention or innovation in the public domain before filing of a Patent Application, others that maybe your competitors can take advantage of it. Competitors or others can copy your invention without asking your permission and may utilize it for economic benefits. Suppose, an inventor has developed an invention that may bring commercial gain, most individuals or start-ups have a crunch for funds and would look forward to securing stability by acquiring investment or by earning royalty through licensing the technology to big players in the market but if you have not protected it through the Patent or any other proper mechanism in that case, others can take benefit from it by copying and manufacturing it for selling and making money from your invention.

The risk associated with the invention if it is not protected:

Misappropriation (theft) of the invention: While an inventor or start-up is pitching their idea to potential investors, the information disclosed can be stolen by them and consequently the inventor would receive no royalties.
Barred from getting a Patent:Once the inventor has disclosed the invention, the knowledge gets out in public domain. An important criterion for any invention is that it must be novel i.e. something new and never anticipated before. In such a scenario, the inventor’s own disclosure to the public would be fatal for him for getting the Patent protection.

It is always advisable to protect your invention, before disclosing it to the public, because if you are disclosing it in the public, others can copy and you will not be able to file for Patent Registration later point of time as your own invention will become the prior art.

To solve such problems, an inventor may implement the following measures:

Getting a Non-Provisional or Complete Patent Application: India has first to file Patent regime. In simple words, if Mr. A files for an invention before anyone else does, his application would stand, and any subsequent applications would be barred. Hence, if an inventor files a Patent application, he would get all rights and powers of a Patent holder from the ‘filing date’ itself! Therefore, after filing one need not worry regarding the theft of the invention.

Getting a provisional Patent: Provision Application should be filed if the Invention is in the ideation stage and not in the complete stage and inventor(s) are still working on that invention. In order to secure the early priority date, a Provisional Application should be filed so that others cannot Patent the same idea and take a monopoly over it. Further, it is also beneficial in a situation where someone is in hurry and has to present or publish his/her idea in public domain and wants to protect it quickly, in that case, Provisional Patent Filing plays key role for the protection in efficient and effective manner as it takes less documentation, effort, and cost.
Confidentiality Agreements:An inventor may enter into an NDA (Non-Disclosure Agreements) or any other confidentiality agreement so that the potential investors cannot divulge the information regarding the invention. Such measures would help in protecting the invention or an idea before disclosing it to the public.

Can someone copy and sell your patented product in another Country?

There lies a certain condition that territorially limits the enforcement of the Patent i.e. it is enforceable only in the countries where the Patent is registered. So, the answer to the above question would be yes, one can sell your patented inventions in other countries. He just cannot manufacture, import, distribute, or sell patented products in countries only where the invention is patented. e.g., if you Patent a new type of cycle in India, but not any other country, you cannot restrict someone from selling a similar cycle in China, USA, Australia, Japan, or elsewhere. Meaning all the hard work and resources go to waste as this copycat has no legal liability if they copy and sell your product in countries other than India.

However, not all is bad in the Patent world and this problem can be overcome by going for international registration of Patents. Such international Patent registration can be done in many ways and is immensely helpful in combating the above discussed issue. If you have a Patent registration covering your product granted in India and also want to corner the market of other potential countries as well, then getting a Patent registration in those other countries not only extends the market of the product in all those countries but also stops and even punishes the copycats for copying and selling your product in those territories.A well managed international Patent registration can also provide one with various strategic and economic advantages.

Are Incremental Innovations Patentable in India?

Incremental innovations are Patentable in India with the fulfillment of the conditions specified under the Indian Patent Law. A Patent is granted for an invention that can be a product/process. To attain further excellence and perfection, inventor(s) continuously strive to modify and improve either their product/process or else the product/process which is protected by others. This essentially leads to incremental innovations i.e. an innovation building upon an existing one.

In a situation where the inventor has either improved or modified their invention for which the Patent is already filed. In that case, he can file a Patent of Addition for the improved or modified invention in the Indian Patent Office by citing the reference number of the previously filed Patent Application. The Indian Patent Office will examine the filed Patent of Addition application and may grant the Patent for the improved or modified part of the invention. Please note that the application for the Patent of Addition must be with regard to some further disclosure over and above that of the main invention and must be in the form of a modification of or improvement in the main invention as disclosed and not merely claimed. Each Patent of Addition is an autonomous Patent and thus is provided with a new application number, needs a separate request for examination to be filed and undergoes a separate examination. Hence, The Patent of Addition proves to be a useful tool in cases where the Applicant has modified or improved an existing invention in an incremental manner.

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In other situations, where an inventor has done incremental innovation on the invention which is patented in the name of other(s), in that case, an inventor can file a separate Patent Application for the incremented part which is done by him. However, in that case, the examiner will examine the filed Patent Application from the Inventive Step or non-obviousness perspective. If the examiner finds that the incremented invention is inventive in nature or not obvious, meaning, the incremented part of the invention is advanced version of the existing one and is solving certain problem technically which is not solving by the anyone else and the inventor for the incremental invention has not taken any teaching, suggestion and motivation from the already Patented invention, in that case, the examiner may grant the Patent for the incremental innovation.

Individual and big companies can also expedite the patent filing process in India just like any start-up

The normal process for getting a granted Patent usually takes three to four years in India. Nevertheless, the India Patent Office has come up with certain amendments in order to enable an Applicant to expedite the Patent application and can get a Patent in a year time. Unlike the presently prevailing notion, all types of Applicants: Individual, Startup or Big Company can avail this facility. Only thing required is to have the best possible strategy to expedite the process.

Strategies can be adopted by the applicant: An applicant may file a request for expedited examination in Form 18A along with the fee on any of the following grounds, namely:-

(A).If the Applicant is falling under below categories:

Start-upcertified by Department for Promotion of Industry and Internal Trade; or
Small Entityrecognized under Micro, Small & Medium Enterprises Development (MSMED) Act, 2006; or
Individual Female or in the case of joint applicants where all the applicants are natural persons, then at least one of the applicants is a Female; or
The applicant is anInstitution Established by a Central, Provincial or State Act, which is Owned or Controlled by the Government;

Once the Patent application has been filed in the Indian Patent Office, then Patent application can be expedited by filing an early publication form and requesting for expedited examination of the filed application.

(B).If the Applicant is Individual (not female) or Big company:

Applicants can file a PCT application and choose India as an International Search Authority (ISA) or International Preliminary Examination Authority (IPEA). This move makes the applicant eligible to opt for the expedited route. Further, after filing PCT, Applicants can file a request for Early Publication and Expedited Examination for expediting the Patent process in India.

Please note that in both the above ways, filing of early publication is allowed for all types of the Applicant. However, filing of Expedited Examination is allowed only if the Applicant is falling under the above categories.

Indian Patent Office allows the facility of expediting the Patent Process for all types of Applicant. However, the right strategy is required for expediting the Patent Process in India. For few Applicants, straight forward steps are prescribed under the Indian Patent Act and Rule. However, Individual (not female) or Big companies can expedite the Patent process by filing a PCT application and choosing India an ISA or IPEA. You may also file an expedited examination request if you have women as applicant or co-applicant. This is an important strategy to speed up the patent process and reduce the time required from patent filed to patent granted.

What is inventive step or non-obviousness?

An Inventive Step/Non-Obviousness is one of the criteria that have to be fulfilled by the Invention for qualifying as a Patentable subject matter. Almost every Patent Office examines the applied Patent Application based on the Inventive step or Non-Obviousness. Some Patent Offices use the term Inventive Step while others use Non-Obviousness. However, the yardstick for determining inventive step/non-obviousness slightly differs country-wise. The philosophy behind the Inventive step is that an Invention should not be a mere collection and repackaging of existing information. In an Invention, the Inventive step involves technical advancement as compared to the existing knowledge; it should not be based on an abstract idea.

According to Indian Patent Law, "inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
According to European Patent Law, an invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents within the meaning of Article 54, paragraph 3, these documents shall not be considered in deciding whether there has been an inventive step.
According to US Patent Law, a patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

If an Invention for which a patent is sought is solving a problem by providing a solution which may be similar to a solution conceived by a person skilled in the art who is working in the same field by applying his/her acquired technical knowledge or by going through the existing literature, in that case the Invention will not be considered as an Inventive in nature, since the solution to the problem is obvious to the person skilled in the art. However, if the invented solution is better than the existing solutions in terms of efficacy or accuracy etc. then such a solution may be deemed to have an inventive step.

Examination of filed Patent application is a tedious task and the Patent office applies different methods for the examination of Inventive step. For example, Indian Patent Office may identify the presence of technical advance as compared to the existing knowledge or having economic significance or both, European Patent office may apply could-Would approach, USPTO may apply the principles developed through landmark judgments such as Teaching Suggestion Motivation (TSM) test, depending upon the matter disclosed in the Patent Application

Patent rights create substantial benefits for the inventor; these should not be handed to everyone who uses his/her knowledge and training to draw only basic conclusions from existing knowledge. Patent Rights are a reward for the execution of exceptional ideas and are meant to encourage out-of-the-box thinking.

What is novelty of an invention?

Novelty means, an Invention must be New as compared to the existing knowledge already disclosed in the public domain. According to the Indian Patent Law, any Invention or Technology which has not been anticipated by prior publication in any document or used in the country or elsewhere in the world before the date of filing of Patent application will be considered as a new subject matter. Meaning, the subject matter should not be disclosed or fallen in the public domain or should not be formed part of the state of the art.The idea behind Granting Patent protection is to promote research and development. It encourages people to invent so that new ideas are applied, and technical advancement may occur. This means that the Invention should not be based only on what is already disclosed in the public domain. It should contribute meaningfully to the creation of new knowledge.

During the course of examination of the Patent Application, if the Controller finds that the applied Invention is similar to any existing published or granted patent/article/publication/or in any form already present in the public domain, in that case, the Controller may object the applied Patent Application and that may lead to the rejection of the Invention.

An Invention should be disclosed or used in the public unless it is applied or protected through Patent or any other relevant means. If someone has already disclosed his/her Invention in the public domain through publication or by any means, in that case it won’t be considered as a new Invention If someone is applying for a Patent, it must meet the Novelty criteria. It is always advisable to scope out the exact Novelty of the Invention and should be properly drafted in the Patent application in order to avoid the rejection from the Patent Office.

What Kind of Inventions can be patented?

Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.

Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners. Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India's database to check if there is an object or invention that is the same or similar to the applicant's invention.

However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.

What can be patented?

The Patent Act states that for an invention to be patentable, the invention must be a new product or process that involves an inventive step and can be used in the industry. For an invention to obtain patent registration, it should be technical and meet the following criteria-

Novelty

The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.

Inventive Step

The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.

Industrial applicability

Invention should possess utility so that it can be made or used in the industry.

Patentable innovations are: The invention can be related to work, process, manufacturing, the machine related, computer software or any other kind of invention which has never been invented to the general public.

What Kind of Inventions cannot be patented?

Following below mentioned cannot be termed as inventions as per The Patent Act, 1970.

Such an invention which is contrary to the natural laws;
The invention which is prejudice to human, animal or life of a plant or health or to the environment
If the invention is the mere discovery of a scientific principle or the formulation of an abstract theory
If the invention is the mere discovery of any living or non-living substance occurring in nature;
The mere invention of a known process/ the machine unless such process results in a new product.
Mere admixture which is resulting in the collection of the properties of the components;
Mere arrangement or re-arrangement of devices which are very common in nature;
Such inventions which are excluded by the Patents (Amendment) Act, 2002;
Any method used for agriculture or horticulture purpose;
Ant process in relation to medicinal, surgical, curative, prophylactic diagnostic, therapeutic or process for human being treatment
Any process used for animal treatment in order to make them free of disease
Invention concerned with plants and animals including seeds, varieties, and species, the essentially biological process for the production of plants and animals other than microorganisms;

Computer Program or any mathematical methods;
Any creation concerned with literary, dramatic, musical or artistic work including cinematographic works as well as television productions;
Any mere method of playing the game;
Mere Information Presentation
The topography of integrated circuits;
The invention which is an aggregation or duplication of known properties of components which are traditionally known.
Inventions in concerned with atomic energy are not patentable
No patent shall be granted in respect of an invention relating to atomic energy

Importance of Patents in India

An invention takes substantial effort and funding to materialize hence, it is pertinent to commercialize it and gain profits from the Invention. Patent Registration helps the inventor in making money from the invention. Once the patent has been filed and patent registration has been done, the inventor solely has a monopoly for 20 years over:

Selling
Using
Creating
Distributing
Importing
Exporting their invention

Patent registration helps in restricting the competition in terms of commercializing the particular invention in the market. Patent Registration bars everyone else from encroaching on the inventor’s sole monopoly. This right further places the inventor in a superior position in the negotiation table for royalty when he decides to license his product. Generally, licensing means that someone else would manufacture and sell the invention in the market and would share a portion of royalty with the inventor.

A patent is invaluable to startups and small business entities as they work as bargaining chips for attracting investors and sponsors. Furthermore, granted patents in India improve the recognition and credibility of the inventor or his startup or a company in the market. Many inventors are not big fans of the patent system due to the legal intricacies, but the benefits accrued at the end far outweigh the initial hassles. Most startups and inventors hire registered patent agents or registered patent attorneys who are well-acquainted with the process and can assist in patent registration and commercialization of the invention.

Patents are territorially limited in nature i.e., if a Patent is granted or registered in India then the inventor’s rights would be protected within the boundaries of India and not beyond. This limitation can be counter-productive for the inventor, start-up or company who would be eager to maximize their profits and recoup the sunk costs spent in research and development of the products.

Legal Protection to Invention

Patent Registration gives legal protection to an invention of the patentee. In the case of patent infringement, the patentee has the right to take action and can sue for damages. If the invention is not registered then legal protection is not enforceable.

Transferable Rights

Patent Registration gives the patentee a right to sell or transfer a patent as it helps in raising revenue.

Validity Period of 20 years

After Patent Registration, an invention is legally protected for a period of 20 years.

Competitive Advantage

Patent Registration gives a competitive advantage to the business. For similar products, competitors will not be able to use the patented invention.

Asset Creation

Patent is an Intellectual Property Right, therefore, Patent Registration given an exclusive right. The patent is an intellectual asset for a business which can be sold, transferred or commercially contracted.

Who can file a patent application?

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

The true and first inventor
True and first inventor’s assignee
The representative of the deceased true and first inventor his / her assignee

According to the Patent Act, a "person" is any natural person, company, or association or body of individuals or government body, whether incorporated or not.

In the case of a proprietorship firm, the application should be made in the proprietors' name.

In partnership firms, the names of all personally responsible partners must be included in the patent application. An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.

The applicant is required to disclose the name, address, and nationality of the true and first inventor.

Types of patent application in India

Provisional application/ temporary application

A provisional application is filed when an invention is still in the pipeline and has not been finalized. Early filing of a patent will prevent any other related inventions from being designated as prior art to the inventor's application.
This type of patent application is filed when an invention requires additional time for development.

Ordinary or Non-Provisional application

This type of application does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application. A complete specification can be filed through:
Direct Filing:Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.
Subsequent Filing: Wherein complete specification is filed after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.

Convention application

The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries.
To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.
To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.

PCT international application

Though the PCT international application does not provide an international patent grant, it paves the way for the streamlined patent application process in many countries at one go.
The Patent Corporation Treaty governs it and can be validated in up to 142 countries. Filing this application will protect an invention from being replicated in these countries.

PCT National application

This application is filed if the applicant discovers that he has come across an invention, a slight modification of the invention that has already been applied for or patented by the applicant. PCT National application can be filed if the invention does not involve a substantial inventive step.

Divisional application

An applicant may choose to divide an application and furnish two or more applications if a particular application claims more than one invention. The priority date for these applications is similar to that of the parent application.

Benefits of filing a patent in India

A patent is a form of encouragement for innovations and inventions. Once the applicant is granted the patent, they become the owner of the invention or the idea.

Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission. This way, the patent holder can protect his patent rights in support of the existing laws.

Through accredited ISO certification bodies, you can gain access to overseas markets since certificates issued by them are recognized well and accepted throughout the world.

Patents can be sold as well as licensed like other forms of property.

The inventor can also transfer it.

A patented product improves the brand perception and potentially enables the business to charge a premium.

With exclusive patent rights, the patent owner controls the use of the invention for twenty years and longer.

Where to file a patent application?

It is filed electronically using Form-1 and provisional/ complete specification, with the prescribed fee at the appropriate patent office. The jurisdiction of a patent office is decided based on the following:

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 Registration in India

The India Patent Office (IPO) grants Patent Registration in India for Inventions. Once the Patent is registered, the Applicant gets monopoly over his/her Invention for a prescribed period of time (Normally twenty years from the Priority date/Patent filing date). Applicant gets the sole right over the invention to exclude others from making, using, selling and importing the Patent.

In order to get the Patent Registration in India, a specific procedure provided in the Patents Act, 1970 and The Patents Rules, 2003 needs to be followed. Indian Patent Office with its branch offices in Delhi, Mumbai, Kolkata, and Chennai holds the authority for providing Patent Registration in India. The appropriate jurisdiction for Patent filing under said branch offices is normally decided based on the Applicant’s domicile or place of business or the place from where the invention actually originated. One can also file an application for Patent Registration through online procedures. The complete patent registration process involves a series of steps which are to be mandatorily followed to get a patent in India.

Rules to keep in mind while filing the patent application

The fees payable with respect to the grant of patents and applications therefore, and in respect of other matters for which fees are required to be payable are specified in the First Schedule.
An additional fee of 10% is payable when the applications for patent and other documents are filed physically.
The fees payable under the Act or rules may be paid at the appropriate office either in cash, or through electronic means, or may be sent by bank draft, or banker‘s cheque. The amount is payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller.
Where a fee is payable with respect to a document, the entire fee shall accompany the document.
In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant with the request for transfer. In case an application by a small entity is fully or partly transferred to a person other that a natural person, the difference, if any, between the fee shall be paid by the new applicant with the request for transfer.

In case an application processed by a start-up is fully or partly transferred to any person other than a natural person or a start-up, the difference, if any, can be charged from a start-up and such person to whom the application is transferred. In short this shall be paid by the new applicant along with the request for transfer:

Explanation:

Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not: Exception: If the Controller is satisfied that during the online filing process, the fee was paid more than once for the same, the excess fee shall be refunded.
A refund is initiated only if an applicant withdraws his request for examination before the first statement of objection is issued. Please note that this refund is only to the extent prescribed in the First Schedule.
Any person may deposit money in advance and request the Controller to realize any fee payable by him from the said deposit.
Subject to the approval of the Controller, any person may discontinue the deposit of money in advance and in such case the balance, if any, shall be refunded.

Patent Search is indispensable before filing of the Patent Application

A Patent is an exclusive right granted for an invention, which is a product or process that offers a new way of doing something or offers a new technical solution to a problem. One of the crucial parameters of getting a Patent is Novelty, the invention should be novel across the world. It should not be anticipated by prior publication in any document or used in the country or elsewhere in the world before the date of filing of a Patent application. Once the Patent application is filed in the Patent Office, it is examined by the examiner for finding its novelty and the filed application can be rejected if the examiner finds that it is not Novel.

Therefore, a Patent Search is advisable before filing of the Patent Application in the Patent office, it has many advantages that make it essential, below are some advantages of Patent search:

A Patent search helps for scoping out the novelty of the invention, it can show that which feature(s) of the invention is new and not done by others.
Alternatively, if the search shows that the said invention is not new or unique, one can save himself of financial losses by not going for filing of the Patent application. It also provides the prospect to amend the invention to be more unique compared to the existing ones, thus, improving the chances of getting a granted Patent.
A Patent search also presents information which helps the drafting of the Patent application
The existing similar inventions also give you an idea about who are your potential competitors in the market.

Therefore, not conducting a Patent search would most likely lead to spending too much time and money in the Patent application describing the various features of an invention which might not even be patentable, instead of describing the patentable ones.

It is always advisable to appoint professionals for conducting the Patent search. Doing so works to your advantage as the professionals with their skills and expertise, provide you with a better search result as well as more effective advice and guidance regarding the Patent application and Patent filing.

Benefits of Filing Patent Application

Patent application can provide numerous benefits. It immediately enables potential control over the invention, in turn enabling the inventor to start the promotion of the invention and raising money to develop and exploit the invention. Filing a Patent application eventually leads to Patent registration which would provide ownership over the invention for a period of 20 years. Being the owner of the Patent, you have rights to block others from making, using, selling or offering for sale, and importing the patented invention.

It can provide monopoly over the invention and competitive advantage in the market. Ownership over the invention, in turn, helps in building the business as well as raising capital for it. One can also license the invention in return of royalties or alternatively completely sell it to another for a handsome amount.

Patented invention acts as a barrier to entry for other competitive products in the market and since you can stop other such competitive alternatives, you can charge the best possible competitive charge for your product thus resulting in increased profits. A Patent can even eliminate large companies from competition and give a boost to your business.

Even before getting registration, a Patent filing can be helpful. Filing a provisional application has a lesser cost and formality requirement but helps in securing a priority for your Patent application, nonetheless. Apart from priority in the home country, it also provides priority for subsequent foreign applications.

Another advantage is that it provides an effective and short term solution for the protection of inventions that are still in an early stage of development, as multiple provisional applications can be later referenced in a non-provisional application and hence collecting and claiming priority over all the improvements made to the invention in one application.

Criteria for registering an Online Patent Application

Must obtain the class III Digital Signature from the certifying authorities
The user can register himself on the CGPDTM Website.
Create a user Id and password.

Note – An application can only be filed either in Hindi or English.

Documents for filing Patent Registration Application

For filing Patent Registration application in India, documents required are as under:

For patent registration in India, you must submit the specified forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online.

An Application for Patent Registration in Form-1
Complete specifications in Form-2 however if not available then Provisional Specification
Statement and Undertaking in Form-3. Information & undertaking listing the number, filing date, & current status of each foreign patent application (if such exist) in duplicate (Form 3)
Drawing in duplicate (if necessary)
Abstract of the invention in duplicate
Priority document (if the priority date is claimed) in convention application, when directed by the Controller
Power of attorney (if filed through any patent agent)
Fees (to be paid in cash/by cheque/by demand draft)
A declaration from the inventor as to inventor-ship in Form 5;
A proof from the inventor regarding the right to file a Patent Registration application
If a Patent Registration application is filed by the patent agent/patent attorney then the power of authority in Form-26;
In case of convention application (Paris convention) or PCT national phase application, one has to file priority documents along with the application or within 18 months from the priority date;

It is required to submit the National Biodiversity Authority permission in case application is related to biological material obtained from India.
The source of origin of any biological material used in the specification should be clearly indicated in the Patent Registration application form.
The patent Registration application must be signed by an applicant/ Patent attorney with the name & date and Specification (Complete or Provisional) must be also be signed on the last page along with the date.

Forms required to be filed for Patent Registration Application

Forms to be filed	Explanation
Form 1	Patent registration Application
Form 2	Provisional or Complete Specification
Form 3	Statement and Undertaking under Section 8 of The Patents Act, 1970
Form 4	Filing of time extension request to respond to the objections in First Examination Report.
Form 5	Inventor-ship Declaration
Form 9	Publication Request
Form 15	Patent Renewal within the period of 18 months from the date patent got ceased to effect.
Form 18	Examination Request
Form 26	Patent Agent Authorization
Form 28	For Small Entity

Patent Registration done in India is valid in India only. Patent Registration gives protection to your invention only in India and not in any other country. On the contrary, you may protect your invention in other countries as well. For this purpose, a separate patent registration application must be filed in each country. After verifying the patent Registration application, the application status will get updated online on the website of the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, and Government of India. For the grant of a patent certificate, it takes around one year.

Step 1: Checking the patentability of the invention by performing a search

Before filing a patent application in India, one should perform a detailed patentability search to determine whether a patent for it will be available or not. You can use the below link to conduct the patentability search http://ipindiaservices.gov.in/publicsearch.

Step 2: Filing the patent application

Once the search is complete and through, the next step involved is to prepare an application form in Form

Each application has to be accompanied by a patent specification which has to be prepared in Form
where one has to provide the complete or provisional specification depending upon the state of the invention (Whether its partially completed or completed). In case one files a provisional application, a time gap of 12 months is provided to finalize the invention and file the complete application. A patent draft will also be required to be submitted along with the application. The patent draft is considered a very important document as the same will be used by the patent office in deciding whether or not patent should be granted.

The following forms are to be submitted in the Patent Registration office along with the Official Fees to complete the Patent Registration process

No.	Form No.	Stages of the patent process
1.	Form 1	Application for grant of patent- It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.
2.	Form 2	Provisional/complete specification- It includes the information for the type of Application, the title of the invention, description, claims, abstract of the invention.
3.	Form 3	Statement and undertaking under section 8 (this is only required where a patent application is already filed in the country other than India)- It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent Registration.
4.	Form 5	Declaration as to inventor-ship- A declaration as to Inventor-ship must be filed in the Patent Registration Office of India.
5.	Form 26	Form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act- In the case where Patent Application for Patent Registration in India is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Registration Office. Further, in the case where Patent Application for Registration in India is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application to the Patent Registration Office along with other required documents. In the case where the previous Patent Application is in a language other than Hindi or English, a Verified Translation of the same also needs to be submitted to the Indian Patent Registration Office.
6.	Form 28	Forms submitted only by start-ups and small entities-b> In order to take benefit under the category of small entity/start-up, proof or evidence needs to be submitted.

At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.

Step 3: Publication of patent application

Once the Patent Application is filed, it will be published by the IPO after Eighteen (18) months in the Official Gazette of the IPO for the Public. Publication of Patent Application is an automatic process; it does not require any request from the Patent Office in India.

Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in Form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal. On filing early publication, Patent Application can be published within one Month from the date of filing of the request.

Step 4: Examining of patent application

Every application filed for protection will be examined before a patent is finally granted. There is a prescribed form and timeline for filing an application for registration of Patent. The application has to be made for examination in Form 18. The application is then examined by the authorities. The Controller examines the Patent Application, only after receiving of the request for examination. Upon receiving the request for examination, the Patent application is examined by the Patent Registration Office, India.

The earlier one makes a request, the earlier the application will be examined by the examiner. Once the application is filed, it is transferred to the patent officer who will examine the application to ensure the same is in accordance with the patent act and rules. A thorough search is conducted by the officer where he/she analyses the relevant technology in depth and the objections, if any, will be communicated. The report issued in this case is called the First Examination Report (FER).

Step 5: Issuance of objection(s) in the Examination Report

Once the process of examination is done, the Controller either grants the Patent registration or issues an examination report. The report may include certain subject matter objection or procedural objection. Normally, the Applicant gets six months’ time for submitting the reply of the Examination report. As a next step, if Controller gets satisfied, grants the Patent else give a hearing option to the Applicant.

Step 6: Grant of patent

If the Patent application fulfils the prescribed criteria for a Patent Registration, it will be granted by the Controller, published in the Official Gazette of the Patent Office India and issue a Certificate for the Patent Registration to the Applicant.

The patent is granted once all the objections raised by the officer are resolved.

It is important that each and every step also need to be followed carefully and as per the directions provided by the Indian Patent Act and Rules. Therefore, it is always advisable to hire or consult an experienced registered Patent Attorney/Agent for registration of the Patent Application in India.

Difference between a Patent Attorney and a Patent Agent

Although Registered Patent Agent can perform most of the basic functions related to patents, the legal exposure of the Registered Patent Attorney provides him with a better understanding of the law and patent drafting since Patents are Techno-legal documents thereby requires a balance between law and technology.

As the aim of the patent is to stop third parties from infringement of your invention whereas bad patents fail miserably at that, only Registered Patent Attorneys can send Legal Notices if there is a potential infringement of your patent. It is preferable to work with a Registered Patent Attorney, if you need any legal advice for Infringement, Licensing or Commercialization of your Patent and related Agreements.

Process in case of objection received from the examiner

After filing of the Request for Examination, the examiner will examine the application from the relevant technical background. While scrutinizing an application it must be ensured that the application is in line with the patent act and rules

A patent search is also performed by the examiner to understand similar technologies and to ascertain whether the invention qualifies for the patentability criteria. After this, an examiner will issue an Examination Report to the applicant which will describe the grounds for objections. This examination report is also known as the “First Examination Report (FER)”.

On receiving the First Examination Report, an applicant needs to respond to the objections. This process may also involve appearing for hearing. From the date FER is issued to an applicant, the patent is granted within the period of 6 months (earlier it was 12 months) whereas above mentioned period can be extended for a further period of 3 months on the filing of time extension request in Form 4.

Patent Assignment

Once the patent registration is done or patent is granted to the patentee for his/her invention, patentee reserves all rights over the invention in relation to selling and/or distributing the invention for a sum of money. A patentee can also assign rights to produce and bring the patented product to market as per the terms prescribed by the Patentee. A patent is a transferable property it can easily be transferred from the patentee to any other person through assignment however it can only be assigned by the owner of the patent. Co-owners or joint-owners are also eligible to assign the patent after obtaining the prior consent of the owner.

Process of making an appeal against the rejection of the Patent Registration application

As per The Patents Act 1970, there are two types of an opposition proceeding one is pre-grant opposition under Section 25(1) and another is post-grant opposition under Section 25(2). If the patent registration application is rejected by the authority after considering the opposition then aggrieved may file an appeal with the Intellectual Property Appellate Board (IPAB) with the requisite fees. The appeal should indicate the grounds of filing appeal which must be signed by the applicant. IPAB has its headquarters in major cities of the country such as Mumbai, Chennai, Delhi, Kolkata, and Ahmadabad. An appeal must be filed by the aggrieved within a period of 3 months from the date of the decision as per the section 117A of the Patents Act, 1970. However, an extension may also be available on request. We can say that the process of making appeal has been streamlined by the IPAB.

The Intellectual Property Appellate Board (IPAB) have been omitted and substituted with “Commercial Court” or “High Courts”, as applicable. The appeals, applications or proceedings pending under any law before the IPAB shall be transferred to the Court before whom it would have been filed had the Ordinance been in force at the time of filing of the same. Additionally, the Court is empowered to deal with such matters as it deems fit, either from the stage it stood before such transfer or from any earlier stage or de novo.

When Patent Application is published?

The application for patent registration is published after the expiry of 18 months from the date of filing or priority date whichever is earlier.

Exceptions –

Application in which secrecy direction is imposed
As per section 9(1)Application which has been abandoned i.e. when a provisional application has been filed and the complete application has not been filed with 12 months from the filing of the provisional application
The Application which has been withdrawn 3 months prior to 18 months.

Provisional Patent Application

Provision Application should be filed; if the Invention is in the Ideation stage and not in the complete stage and inventor(s) are still working on that invention. In order to secure the early priority date, a Provisional Application should be filed so that others cannot Patent the same idea and take a monopoly over it. Therefore, in order to provide a shield to the idea at the very early stage, it is important to file a Provisional Patent Application in the Patent Office for securing of early priority date.

The Provisional Patent Applications are advised to be filed to secure an early filing/priority date. The logic behind this is that the Patent Law gives the right to the person who files first and not to who invents first. Therefore, the Provisional Patent Applications help in acquiring the crucial patent filing date without much hassle.

Below are certain situations where an Applicant files a Provisional Patent Application:

In cases where the Applicant has immediate requirement of filing a Patent application (for example before disclosure to an investor/partner, in a conference/seminar, etc.), the Provisional application is advised to be filed to secure an early filing date. Since the drafting and filing of complete specification (including Extensive Novelty search) require much more time as opposed to less time in the drafting and filing of a Provisional Patent application. Therefore, this saves crucial time in acquiring an early Patent Filing date.
If the invention is in an ideation stage and inventor(s) is still working on it and requires some more time to come up with the complete one. In such a situation, for protecting the conceptual part of the invention, the Provisional Patent Application can be file as it does not require much details of the invention.

Advantages of a Provisional Patent Application

There is no need for details of Invention:

A Provisional Patent Application need not describe the invention in as much detail as is required in the Complete Application. Certain data may be left out at this stage. Later, a Complete Specification needs to be filed within a year of filing the Provisional Application. This gives the inventor enough time to collect the necessary data and compile it as is required.

Secure early Priority date:

The date, on which the Provisional Patent Application has been filed, one will secure the early priority date. This means that if any Patent Application or literature or document published after the said priority date is considered as having been published after it. Therefore, who has first secured the priority date, will get the monopoly over the idea/invention/innovation.

Cost-effective for secure early Priority

The overall cost involved in the filing of Provisional Patent Application is less as compared to Complete Patent Application.

Protection without Hassle:

If someone has to present or publish his/her idea in public domain and wants to protect it, in that case, Provisional Patent Filing plays key role for the protection in an efficient and effective manner as it takes less documentation, effort, and cost.

A Provisional Patent Application is a temporary Patent Application filed in the Patent Office. Further, an applicant needs to file a Complete Patent Application within twelve months from the first filing date/priority date. If the Complete Patent Application is not filed within twelve months from the first filing date/priority date, the filed Provisional Patent Application will be considered as abandoned. The Applicant will not be able to claim priority from the filing date of Provisional Patent Application

Therefore, it is extremely crucial to file a Complete Patent Application within the twelve months from the first filing date.

Complete Patent Application

A Complete Patent Application is one, which is accompanied by the Complete Specification and has claims that provide scope of the invention for getting complete legal protection. Complete Patent Application is a techno-legal document which contains all the requisite technical, functional and structural details of the invention.

For a Patent to be granted, it must be published, and then examined by the Patent Office. This cannot be done unless the Patent Office has all the information of the invention in a prescribed format along with the claims.

A Complete Specification should contain:

The name of the invention
An abstract
A complete description of the invention.Such complete description includes:

The technical field of the invention.
The problem it seeks to solve.
The best method to use the invention.
Scope in the form of claims which decides the boundary of the Invention
Any diagrams, models or chemical formulae required to fully explain the invention
It may also, in certain cases, need to contain experimental data demonstrating the invention’s efficacy.

Therefore, the complete specification is the document which fully and particularly defines the invention in the best possible way, which gives the complete understanding and clarity of the invention. Moreover, it is also important to consider that the complete specification of the invention must be filed in the format prescribed by the Patent Office; otherwise it will not be examined by the Patent Office.

Patentability Criteria for the Patent

For the Patent to be granted, an invention should be a product, or process that has:

Novelty -

The invention must create new knowledge or product or process. It should not be anticipated by the document, granted Patent, published Patent, non-Patent literature or in any form which is already available in the public domain. It must be different from what is already known.

Inventive Step -

The invention must have some creative input from the inventor. It should be something which is not expected by the person skilled in the art. If an inventor is solving some technical problem by inventing something and if the person skilled in the art who is from the same field is providing the same solution by using his acquired knowledge or by taking teaching, suggestion or motivation, in that case the technical solution provided by the inventor will not be considered as inventive in nature..

Industrial Application -

Patents are granted to ensure that the inventor can exploit his/her invention freely, without the fear of competition. In this context, it is necessary that the invention is capable of being used and has industrial application. An invention should be used or manufactured in the form of a product or process

Non-Patentable Subject matter:

In addition, an Invention must relate to the patentable subject matter. Every country has its criteria to judge the Patentable subject matter. In India, the list of non-Patentable subject matters is specifically mentioned.

Benefits of Writing Patent-Pending

Patent registration can take years; one way to exploit the Patent investment instantly is to notify that you have applied for a Patent. The same is done by writing Patent Pending, which is an expression that is written on the product, website, etc. which informs people that you have applied for a Patent.The invention becomes "Patent-pending", once you submit the application for Patent registration, thus allowing you to depict your invention to others as the same until the Patent is granted.

It has numerous benefits as:

It can be used as a marketing tool indicating that your product is ingenious and that your organization is innovative.
It can also be used to keep potential competitors at bay as a “Patent pending” notification will alert the competitors that copying could land them in serious trouble.
Having a Patent pending status before meeting with potential licensees or investors reduces the risk of your idea being stolen and used by them, as they would be subjecting themselves to the risk of infringement.
Moreover, patent pending is vital for both licensees and investors to take any action, as both of them will be willing to invest if they see the economic potential which in turn is ensured if there is exclusive right and monopoly over the invention.
In cases where the Patent pending is achieved by applying a provisional application, it secures your priority date and lets you take appropriate decisions regarding of the fate the application, as it lets you conduct extensive research and determine the actual worth of your invention without worrying about it being stolen.
Thus, writing Patent-pending can be beneficial in a lot of ways and should be effectively utilized by the applicant.

Who will get the patent: The person filing first (first to file) or the person inventing/conceiving the idea first (first to invent)?

The law says that a person making an application needs to be a true and first inventor, both the requirements being mandatory. This means the person (or persons) must have genuinely invented the invention without free-riding on the efforts of another person and must also be the first one to do so. This shows India’s inclination towards the First to Invent Rule.

However, the term “true and first inventor” is pointless without disclosure, as without revelation, the society is not benefited from the invention and it is as if the invention never occurred to begin with. Hence, the “true and first inventor” is not the first to invent, but the first to file, the invention is disclosed to the public by filing.

Thus, where there are two parallel inventions worked in isolation, the first to file for Patent registration shall be considered the “true and first inventor” even if it was the other person who actually came up with it first.

Now suppose, if an idea behind the invention is actually copied from the first inventor, proving the same is very tedious process that can be done through court proceedings.

So, it is always advisable for an individual coming up with an invention to go for Patent filing at the first instance, so as to secure priority and get preference as the “True and First Inventor” as well as preventing any unscrupulous person from stealing their invention and benefitting from the same.

International Patent Application

There are three ways by which one can file an international Patent application. Filing of international Patent application should be based on the strategy one has to expand his/her right or want to take protection in other countries. It mainly depends upon the business strategies. If one wants to expand his/her business internationally. He/she must file the Patent in those countries for getting protection and should decide the proper ways of filing the Patent application which is efficient and cost- effective.

Generally, there are three ways or routes through which an inventor can protect his/her invention globally. Once the invention is protected in a foreign land, a revenue stream can be generated there by importing the product or licensing it to others. The three ways are as follows:

Direct Application: The most logical and simple way is to directly approach the Patent Office(s) in different countries and simultaneously file an application there. However, the process can be quite expensive and cumbersome as the inventor would have to simultaneously keep track of all the applications. It is best suited when the number of countries one is applying to is limited and market is well-defined for the product.
Convention Application: The territorial nature of the Patent limits the scope of applicability of such rights in countries other than the one granting it. The solution to this problem, is going for international Patent filing for Patent registration and one mode of doing so is filing a convention Patent application which allows an individual to make international Patent filings in the countries which are party to the Paris Convention (Convention Countries) based on a prior Patent filing made in any of those convention countries (known as the basic application).

When an inventor files an application in a country which is part of the Paris Convention (India has been a signatory to the treaty since 1988), he/she would be entitled to file separate Patent applications in other Paris Convention countries within a period of 12 months from the date on which the application was filed for the first time.

With regards to the procedure followed, a convention application so made is essentially treated like a national application of the specific convention country applied to. However, prior approval of the Indian Patent Office is required for filing such convention Patent application.While making such convention Patent filing, one has to state that the application is a convention application and has to provide certain documents, including those providing the Name, Address and Nationality of Applicants and Inventors, Application number, Date of filing, Country, Title of invention and Applicant in the basic application, Patent specification, Claims and Drawings etc.This is quite similar to direct application way, but the only incentive is that it allows 12 months’time to assess and decide the countries in which one wishes to apply

Convention Patent applications offer the advantage of overcoming the hurdle of claiming priority in the Patent registration process as it is already proved by the basic application. Moreover, the 12- month time period provides an individual considerable time to make decisions regarding the countries he/she wishes to seek protection via Patent registration and take steps accordingly to secure the same.

3. PCT Application: Perhaps the most convenient way to get protection for a Patent worldwide is to file a Patent Cooperation Treaty (PCT) application (India has been a signatory to the treaty since 1998). The application may be filed directly or within a period of 12 months from the filing date of the first application. The biggest advantage is that an inventor is allowed upto 30 to 31 monthsfrom the first filing date to decide in which country or countries he/she actually wishes to file and protect the invention.

However, PCT requires higher fees upfront in comparison to others. Furthermore, the applicant should be careful and must check if the nations they want to protect the invention are signatories or not. For instance, Pakistan and Taiwan are not PCT compliant. If one wishes to file there, he must take either of the two other routes

Patent Cooperation Treaty (PCT) filing

Anyone who is a national or resident of a Member Country can file a PCT application and it can either be made in the member state (receiving office) or directly with the International Bureau (IB) in the WIPO. The said application has to be made within 12 months from the priority date and in a case where the application does not contain any priority claim, the international filing date will be considered to be the priority date.

The entities interested in covering multiple jurisdictions (countries) can file a PCT application without going into basic facts of Patent Rules, procedures and filing requirements prevailing in each of the member countries. However, it is to be understood that PCT application in itself is neither a patent application nor it provides protection in any of the member countries unless a corresponding National phase application is filed in the intended member country.

National Phase Entry:

Filing of PCT application provides additional 18-month time to enter in national phase with the desired member countries. Therefore, if an entity (natural person or legal entity or combination thereof) is filing initial or first Patent application or priority application in the Patent office of a member country, then the said entity has to enter in national phase within 30/31 month (as the case may be). This is advantageous in comparison to the Convention Filing route where the applicant gets only 12 months to enter into a country of interest from the priority date.

Another noteworthy advantage for the entity taking a PCT filing route is that certified copies of Priority document is not required to be furnished at the time of entering national phase in any member country which not only reduces cost of filing but also formal requirements.

PCT filing can be advantageous for flowing reasons:

Firstly, it enables a streamlined patent filing process for multiple countries;
Secondly, the extended timeline for entering into national phase gives enough time to the applicant to identity partners in member countries, assess the market in a member country of interest, and arrange funds for national phase filings; and
Thirdly, the applicant gets an opportunity to fine tune the PCT application, which improves the chances of getting patent, in light of the search report and written opinion issued by International Searching and International Preliminary Examining Authorities under the PCT.

Can an applicant directly file a Patent Application outside India?

Yes, an applicant can directly file a Patent Application in different countries without first filing it in India. However, a Foreign Filing License (FFL) will be required from the Indian Patent Office.

The Patent provides territorial rights to the Applicant. If the Applicant is filing a Patent application in India, he will get rights in India only. However, an Applicant, in order to secure his rights in other jurisdictions also, can file a Patent application in other countries. Basically, the filing of Patents in different countries depends on the business strategy, market demand, relevant market and future expansion of the business.

Suppose, An Applicant has created an invention in India, and he is a resident of India, in that case, he can file a Patent Application in India. However, due to market demand from other countries or if the legal structure in other country offers better protection to the invention or exploitation of the invention in other country is more profitable or due to business conditions or business strategy, he does not want to file a Patent application in India first, he wishes to file his first Patent application in the US or in any other country. In that case, he can directly file a Patent application in US or in any other country(s) by obtaining an FFL from the Indian Patent Office.

Now, when an inventor applies for FFL to the Indian Patent Office, he is required to submit a detailed description of the invention, and its use. The permission granted by the Controller will be based mainly on the following considerations:

That the invention does not relate to national defense or atomic energy
That the Central Government has not directed that the contents of the application be kept confidential.

Therefore, an Applicant (resident of India) can file a Patent Application directly in other country(s) by getting the FFL from the Indian Patent Office.

Patent Registration Flowchart

Can we patent A Mobile Application?

A simple answer to the question would be yes, as mobile applications are nothing but innovations in the field of software, given they fulfill the criteria prescribed by the law. Mobile applications can be patented by filing one or more Patent applications in the Indian Patent Office corresponding to one or more innovative features of the mobile application. Innovative features of the mobile application can be patented by drafting Patent claims covering the functional or technical features of the innovation by way of product claims, process claims or both. Whilst drafting claims for such mobile application-based innovations, maximum care must be given to emphasize the novel and inventive feature which is providing some functionality.

The Patent office conducts a search to determine if the feature which is making the mobile application novel and inventive have been previously patented, published or used. Additionally, it also checks whether the application solves a particular problem pertaining to a technical field and produces a concrete and tangible result and whether it has a commercial application. If the result is favorable to the applicant, the Patent Office may grant the Patent for themobile application.

Thus, it can be concluded that mobile application can be patented, if it fulfills the prescribed criteria of getting a Patent.

Can you patent an invention in India, even if it includes an algorithm or a computer program?

The increase of computer-related inventions in the field of information technology, telecommunication, computer & internet, deep technology, AI, ML, IoT etc., attract the protection of such inventions. However, The Indian Patents Act, 1970 introduced exclusion from Patentability under Section 3 for the computer-related inventions, if it is related to a mathematical or business method or computer program per se or algorithms.The term “algorithm” is not defined in Indian statutes” as “a set of rules that must be followed when solving a particular problem".

However, the recent CRI guidelines issued by the Indian Patent Office regarding the examination procedure of computer related-inventions have brought in a rather interesting turn of events that allows patenting of such inventions even if it falls under a fore mentioned categories. Further, it states that “Computer programs are often claimed in the form of algorithms as method claims or system claims with some “means‟ indicating the functions of flow charts or process steps. It is well-established that, while establishing patentability, the focus should be on the underlying substance of the invention and not on the particular form in which it is claimed. What is important is to judge the substance of claims taking whole of the claim together.” Thus, it is important to highlight the means with its functions in a technical manner. The focus should not be only on the algorithm part, the focus should also be on the means plus function part. So, when the examiner examines the claims, he takes the claim as a whole and examines the whole claim and construes the underlying substance of the invention and not on the particular form in which it is claimed.

If any claim in any form such as method/process, apparatus/system/device, computer program product/computer readable medium falls under the said excluded categories, such a claim would not be patentable. However, if in substance, the claim, taken as whole, does not fall in any of the excluded categories, the patent should not be denied.

“In today’s digital world, when most inventions are based on computer programs, it would be retrograde to argue that all such inventions would not be patentable. Innovation in the field of artificial intelligence, blockchain technologies and other digital products would be based on computer programs; however the same would not become non patentable inventions – simply for that reason. It is rare to see a product which is not based on a computer program. Whether they are cars and other automobiles, microwave ovens, washing machines, refrigerators, they all have some sort of computer programs in-built in them. Thus, the effect that such programs produce including in digital and electronic products is crucial in determining the test of patentability.”Patent applications in these fields should be examined to see if they result in a “technical contribution”. If the invention demonstrates a ‘technical effect’ or a ‘technical contribution’ it is patentable even though it may be based on a computer program

Cost of filing patent in India by normal route

The cost of getting patent depends on multiple factors. Factors which affects the total cost of getting patent in India:

The stage of the invention (whether you are going for provisional or complete patent application)
Route of filing patent application (Normal route, expedited route)
Desired countries for protection of invention by patent (whether you choose India only, international patent application, PCT route or Convention route)
Number of pages in patent application
Number claims
Complexity of the invention (the patent agent / attorney charges may vary here)
Patent agent or attorney charges for drafting and filing patent application ( sometimes these also defer based on type of client like individual, company or students / educational institute )
whether or not your patent application receives objection by government patent office at the time of examination
Response to objections (charges depending upon complexity and number of objections received by patent office)
and many minor things may change over all cost (sometimes slightly and sometimes significantly)

Note: Costs discussed in the section below and subsequent chapter are exemplary and may vary with respect to patent professionals and Intellectual property firms.

There are two elements for cost of getting patent / filing patent in India:

The Government fees for Forms, requests and renewals.
Professional Charges for patent professional that is patent agent / attorney

Government fees also are different for an individual inventor, small entity and a company.Recently, the union government has introduced Patents (Amendment) Rules, 2021 which has reduced the fee for patent filing and prosecution for educational institutions by 80%.It is aimed at promoting innovation and development of new technologies.

Cost of filing patent in India by expedited (Faster) route

The grant of patent takes more than 2 or 3 Years by normal route and within 1 or 1.5 year by expedited route but you don’t need to wait for grant of patent to do almost 95% of things you wanted to do with your invention.

Although, after filing of patent application, that is receiving patent pending or patent applied status and patent application number; you can do most of the things like:

disclosing patented invention without fear of losing its confidentiality (since patent is already filed and we secured the priority date already)
testing commercial worth of invention
demonstrating invention to other businesses or parties
selling invention in market
presenting information in seminar or conferences
Talking to investors or bankers for funding etc…

However, you cannot stop others until you have granted patent in India (or respective country of your interest)

Hence sometimes you may decide not to wait for 2-3 years or even more time for grant of patent by normal route and you may decide to go for expedited (faster) route. This request for expedited examination is an application filed by patent applicant in Government patent office to expedite the examination of the patent application. This request is made by using Form 18A.

	Natural person(s) or start up	Small entity	Large entity
Request for expedited examination	8000	25000	60000

Who can use such request for expedited examination?

Patent applicant is a start up (as defined by patent rules)
Patent applicant has filed a PCT Patent cooperation treaty (international application) and selected India as a designated country as either International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA)
If the applicant or co-applicant is a woman

Government forms and fees (in rupees)

Relevant form for a patent application is Form 1

E-filing

Particulars	Individual	Small Entity	Other than Small Entity
For Filing Patent Application	1600	4000	8000
For each sheet of Specification in addition to 30 pages	160	400	800
For each claim in addition to 10 claims	320	800	1600

Form 18-The fees for a request for examination FER (First examination report) is as below.

E-filing

Particulars	Individual	Small Entity	Other than Small Entity
The express request of examination of the application for patent	4000	10000	20000

Particulars	Individual	Small Entity	Other than Small Entity
The request of examination of International Application for patent	5600	14000	28000

Table for cost of filing patent in India

Stages	Activities	Attorney Fee	Government Fee (Individual)	Time Period
Stage-0	Patentability / Novelty Search (Optional)	₹ 15000	NIL	5-8 business days
Stage-1	Complete Drafting	₹ 35000	NIL	10-12 business dayss
Stage-2	Complete Filing	NIL	₹ 1600	1-2 days
Stage-3	Publication	NIL	NIL	After 18 Months
Stage-3	Early Publication (Optional)	₹ 2500	₹ 2500	1-2 months
Stage-4	Request For examination (Normal Procedure)	₹ 3000	₹ 4000	2-3 years
Stage-5	Request For examination(Expedited, through PCT) (Optional)		₹ 30,000 (this includes attorney fee) and ₹ 8000 + ₹ 3000 for expedited after we will receive an ISA number	8-9 years
Stage-6	Request For examination(Expedited, If you will add a female name as an applicant, she would be having equal rights on that patent) (Optional)	₹ 3000	₹ 8000	8-9 months
Stage-7	Drafting and Filing response to the First Examination Report (FER), In Case if you receive any objection from the GOVT	₹ 20000	NIL	for drafting a response(8-10 business days)
Stage-8	Hearing (Per Hearing) In Case if you receive any hearing from the Government	₹ 25000	NIL	depends on the government

Patent Renewal

To keep the Patent alive, it has to be renewed every year. A patent must be renewed mandatorily, in case patent is not renewed then it will be ceased to exist and it shall pass on to the public domain. In India, a patent can be renewed for one year by filing patent renewal application along with the prescribed fees by the patentee. The patent renewal fee is payable at the end of the 2nd year from the date of patent registration.

In case of non-payment of renewal fees within the prescribed time, patent gets ceased to effect then it can only be stored by filing restoration application in the prescribed Form-15 within the period of 18 months from the date patent got ceased to effect.

Can Patent be revoked in India?

Yes, a patent can be revoked by filing a petition with the High Court by any person/ central government/ in case of counterclaim in a suit for infringement of the patent. It can be revoked if the high court believes that the patentee fails to comply with the reasonable terms & conditions of the government. There can be several grounds for patent revocation. A patent can also be revoked in public interest or when it is non-working.

Patent Renewal Fees on Government Website

Description	Natural Person	Other than Natural person (companies)		Comment
	Natural Person	Small Entity	Other than small entity
Application for grant of patent	1600	4000	8000	Mandatory
Early publication fee	2500	6250	12500	Optional
Request for examination of patent application	4000	10000	20000	Mandatory
For every Extra sheet over 30 sheets	160/sheet	400/sheet	800/sheet	Mandatory
For every Extra claim over 10 claims	320/claim	800/claim	1600/claim	Mandatory

Patents (Amendment) Rules, 2021

Patent Fees for Educational Institutions Reduced:

Educational institutions engage in many research activities, where professors and teachers and students generate several new technologies which need to be patented for facilitating commercialization of the same.
At the time of applying for patents, the innovators have to apply these patents in the name of the institutions which have to pay fees for large applicants, which are very high and thus work as a disincentive.
In this regard and to encourage greater participation of the educational institutions, official fees payable by them in respect of various acts under the Patents Rules, 2003, have been reduced by way of the Patents (Amendment) Rules, 2021.
Benefits related to 80% reduced fee for patent filing & prosecution have been extended to all educational institutions.

This benefit was earlier available to all recognized educational institutions owned by the government.

Extension of Expedited Examination System:

The fastest granted patent is the one which was granted in 41 days after filing of such request. This facility of Expedited Examination system was initially provided for patent applications filed by Startups.

It has been now extended to 8 more categories of Patent Applicants:

SME (Small and Medium Enterprises),
Female applicants,
Government Departments,
Institutions established by a Central,
Provincial or State Act, Government Company,
an Institution wholly or substantially financed by the Government and applicants under Patents Prosecution Highway.

The Patent Prosecution Highway (PPH) is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices.

Ever-greening of Patent: It is a corporate, legal, business, and technological strategy for extending / elongating the term of a granted patent in a jurisdiction that is about to expire, in order to retain royalties from them, by taking out new patents.

Section 3(d) of the Indian Patent Act 1970 (amended in 2005) does not allow patents to be granted to inventions involving new forms of a known substance unless it differs significantly in properties with regard to efficacy.
This means that the Indian Patent Act does not allow ever-greening of patents.

Compulsory Licensing (CL): CL is the grant of permission by the government to entities to use, manufacture, import or sell a patented invention without the patent-owner’s consent. Patents Act in India deals with CL.

CL is permitted under the WTO’s TRIPS (IPR) Agreement provided conditions such as ‘national emergencies, other circumstances of extreme urgency and anti-competitive practices’ are fulfilled.

Other Provisions of Patent (Amendment) Rules, 2021

It has been now extended to 8 more categories of Patent Applicants:
It will also introduce the hearing of cases in Patents through Video-Conferencing for speedy and contact-less proceedings.
DPIIT will dynamically redesign websites and introduce real time-based hassle-free dissemination of IP information to stakeholders
It will encourage the digital process for applying & granting Patents
Scheme for Facilitating Startups Intellectual Property Protection (SIPP)

It has been launched to provide facilitators to Startups for filing and processing of their applications.
Professional charges of such facilitators are reimbursed as per provisions under the SIPP scheme.

Feedback/ Complaint Mechanism

The mechanism to lodge feedback/suggestions/complaints in respect of issues related to the functioning of the IP offices has been set up on the IPO website.
A team will act promptly on stakeholders’ suggestions/grievances and communicate appropriate responses through e- mail.

Awareness activities in IPR

DPIIT through Cell for IPR Promotion and Management (CIPAM) and in collaboration with the office of CGPDTM is regularly engaged in the dissemination of information and knowledge.

It conducts awareness drives activities in schools, universities, industries, legal and enforcement agencies and other stakeholders in collaboration with industry Associations.

Expected Benefits of Amendments Faster Processing of Patents:

As a result of these efforts, the time taken for the examination of patents has come down to 12-30 months at present, depending upon technology fields.
It was around an average of 72 months in 2015.
Further, it is expected to take half the time (average 24-30 months) for the final disposal of patent applications from the filing date by the end of 2021.

More Patent filing incentives to educational institutes:

The Patent (Amendment) Act, 2021 can facilitate the commercialization of research undertaken in educational institutions.
It will also help in Industry academia linkage.

Push to Atma Nirbhar Bharat:

It will be a major push towards Mission Atma Nirbhar Bharat

Remove Procedural inconsistencies:

The objective of the reforms is to remove procedural inconsistencies and unnecessary steps in the processing of applications.
Thus, by amending the Rules, the procedures are made more compact, time-bound, user friendly and compatible for e-transactions.

Amendments to Form 27 Carried Out By Way Of the Amended Rules

(1). Deadline for filing extended:

Form 27 must now be furnished in respect of every financial year within six months from the expiry of every financial year, i.e., by September of the year subsequent to the relevant financial year. Earlier, Form 27 was required to be filed in respect of each calendar year and the deadline for filing was within three months after the end of the calendar year, i.e. by March. The change from calendar year to financial year is likely to make collation of information for filing easier for patentees as the information will now pertain to the entire financial year.

(2). Information to be submitted: Valued accrued

As per the New Form 27, the patentee/ licensee is required to submit the approximate revenue/ value accrued in India through manufacturing in India/import into India of the patented invention. In contrast, the 2003 Rules required the patentee to provide the “quantum and value (in rupees) of the patented product manufactured/ imported in India”.Patentees have faced difficulties over the years in determining the exact “quantum” and “value” of the patented product manufactured/imported in India as for some types of inventions these figures are not easily discernible and also raise concerns over confidentiality. As per the Amended Rules, patentees and licensees will now be able to provide approximate values making compliance easier and less cumbersome.

Requirement to provide details of licensees/sub-licensees removed

Another cause for concern from a confidentiality perspective in the earlier Form 27 was therequirement to provide details of licensees and sub-licensees. This requirement has now been removed.

No requirement to provide statement on meeting public requirement

As per the 2003 Rules, a patentee was required to state if the public requirements for the patented invention had been met partly/ adequately/ to the fullest extent at reasonable price. However, no definition or guidance on how to determine if a patentee had met the public requirement “partly/ adequately/ to the fullest extent” had been provided in the Act or the 2003 Rules. Much to the relief of patentees, this statement has been removed by way of the Amended Rules.

(3). One form for multiple patents:

The Amended Rules have now clarified that a patentee can file one form for multiple patents if all such patents are related patents and approximate revenue/value accrued from a particular patented invention cannot be derived separately from the approximate revenue/value accrued of the related patents.

Takeaways

The Amended Rules will make Form 27 filings for patentees dealing with large patent portfolios and multiple licensees/sub T licensees easier and more streamlined. The amendments address several concerns such as issues related to confidentiality and multiplicity of filings due to the requirement to make separate filings for related patents. The New Form 27 is more business friendly as the form will now contain details pertaining to the financial year and not the calendar year.

In summary, the information to be provided in the New Form 27 for the relevant financial year is below:

If worked in India - Approximate revenue/value accrued in India to patentee/licensee;
. If not worked in India – Reasons for non-working and steps taken for working the invention

With amendments being made to ensure easy compliance, the Indian Patent Office is likely to ensure that patentees comply with the working statement requirement. Therefore, patentees should ensure timely compliance with the requirement to avoid facing adverse consequences.

Conclusion

With an objective of strengthening its patent law, India became a signatory to many international arrangements and additionally also coming in league with the modern world. India became a member of the Trade Related Intellectual Property Rights (TRIPS) system which was one of the significant steps towards achieving this objective.

Therefore, securing a Patent ultimately brings in Wealth and Prosperity. In reality, securing a Patent may lead to success if one is able to commercially use the invention. Additionally, each and every invention is different but the objectives of securing Patent protection for the inventions are basically the same. The only objective of granting a Patent is to encourage inventive activities in a practical term and is revised from time to time depending upon the political, socio-economic and industrial environment. The main objective of patent registration is to safeguard the interests of the nation.

A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval.Patent filing or patent registration is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance, it can be done easily

In a yet another significant push towards Mission Aatmanirbhar Bharat, recognizing the importance of nurturing innovation and creativity in a knowledge economy, India is taking great strides in strengthening its intellectual property ecosystem in recent years. In order to create a conducive environment for innovation, Department for Promotion of Industry and Internal Trade has been working towards promoting greater collaboration between industry and academia. This can be achieved by facilitating commercialization of research undertaken in educational institutions.

These institutions engage in many research activities, where professors/teachers and students generate several new technologies which need to be patented for facilitating commercialization of the same. High patenting fees present a restrictive element for getting these technologies patented and thus work as a disincentive for development of new technologies.

By amending the rules, Union Government has reduced the patent filing and processing fees that are charged on educational institutions by 80%.

This reduction in fees is at par with similar concession available to start-ups under the Start-up India initiative.

Why patent fees have been reduced?

While applying for patents, innovators have to apply these patents in the name of institutions which have to pay very high fees for large applicants and thus work as a disincentive.
Thus, to encourage greater participation of the educational institutions, playing a significant role in India’s innovation, official fees have been reduced.
According to DPIIT, educational institutions engage in various research activities, where professors or teachers as well as students generate several new technologies that are required to be patented in order to facilitate commercialization of the same.
But high patenting fees restricts these technologies to get patented and thus work as a disincentive for development of new technologies.
To do away this problem, Patents rules have been amended several times in order to achieve the objective of removing procedural inconsistencies and unnecessary steps to process the applications.

SIPP Scheme

Department for Promotion of Industry and Internal Trade (DPIIT) launched the scheme, Facilitating Start ups Intellectual Property Protection (SIPP) in order to provide facilitators with filing and processing of their applications. Professional charges of such facilitators are reimbursed in accordance with the provisions of the scheme.

Further, an Expedited Examination System has been introduced wherein an application for grant of patent is being decided within one year of filing such request under Expedited Examination as compared to the period of few years required in case of normal examination route. The fastest granted patent is the one which was granted in 41 days after filing of such request. This facility of Expedited Examination system was initially provided for patent applications filed by Startups. It has been now extended to 8 more categories of Patent Applicants.

Frequently Asked Questions

1. What is patent registration?
After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or services and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.
2. What can be patented?
The invention that can be patented could be:
- Art, process, method or manner of manufacture
- Machine, apparatus, or other articles
- Substances produced by manufacturing
- Computer software with technical application to industry or used with hardware
- Product patent for food, chemicals, medicines, and drugs
3. What is the required information to file the patent?
Details of the invention in the form of CD or a pen drive mentioning the name, comparison with other existing products, uses and data of publication (if any). The information of the applicant should also be provided.
4.What is expected from patentee as an obligation?
After the expiration of the patent, the patentee is supposed to disclose the invention in the patent document for anyone to practice.
5. What is patent specification?
In case an applicant meets all the specified statutory requirements, then the applicant is supposed to draft a patent application. This has to be filed with the patent office.
6.Why is patent search essential?
Every year many new inventions are patented. And even more are rejected due to some copied reasons. Therefore, it is advised to patent search first, to save time and effort.
7. Why is expert help necessary in the case of patent registration?
It becomes necessary to save time and effort which is required for registering your patent. The expert services will help you to be more accurate while filing for patents.
8. Should I disclose details of my invention to the potential investors, before or after the patent registration?
It is advised that you should first complete the process of patent registration and then disclose the information to the potential investors. In case it is unavoidable, then we recommend you should go for Non-Disclosure Agreement (NDA) with your potential investor.
9. Does the applicant get an opportunity of being heard before his application is refused?
An applicant is required to submit a request of hearing 10 days before the expiry of the statutory period. In case of failure to do so, the controller may refuse his application without hearing the inventors take on the matter.

10. What is the process of patent application?
To obtain patent you have to first apply for a patent.
- Fill patent application form/apply for a patent
- Patent check
- Patent a name
- Documentation
- Patent submission, after you are done with the patent procedure, you can simply get the patent of your idea.
11.Is it possible to get my invention secret after obtaining a patent for it?
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
12. Is it possible to get my software-related invention patented?
For a software to be patented it must fulfill the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non patentable invention.
13. Is it possible to patent my app?
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for, then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.

If you wish to protect just the logo and designs used, then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
14. Who can apply for a patent?
A patent can be filed either by a new inventor or his assignee (alone or jointly with any other people)
15. What are the three types of patents?
The three types of patents are utility patents, design patents, and plant patents
16. Who gives patents in India?
The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of patents, designs and trademarks.
17. In India, how long is a patent valid?
Patent registration is valid for 20 years in India.
18.What is Patent?
A Patent is an exclusive right granted for a limited period of time by the InteGovernment of India. It excludes othimporting the patented product or prowithout his consent of the patentee.
19. Why Patent Registration in India is important?
A patent registration helps in protecting the invention from being infringed by a third person. Moreover, with patent registration inventor gets the exclusive right to use the invention. The patent also helps in gaining revenue from the invention.

Frequently Asked Questions

20. Is Indian Patent valid throughout the world?
Indian Patent registration gives territorial right only and it is not valid outside the territory of India.
21. For International Patent Registration, Can I file application under Patent Cooperation Treaty (PCT) n India?
After obtaining patent registration in India, one can file PCT application in the patent office located in India.
22. What can be patented in India?
A new invention which involves innovative steps can be patented in India by filing an application for patent registration in India.
23. What is meant by industrial applicability?
Industrial applicability implies that the invention is practically feasible. The invention must be of such nature which can be used in any kind of industry.
24. Can Patent registration Application be filed electronically?
Yes, patent registration application can be filed online. It has become possible after the Indian Patent Office put in place the online platform in 2007 for filling application.
25.What are the criteria to check the Patentability of invention?
An invention must be novel in nature. It must have involved an innovative step which must be non-obvious. It should also be capable of industrial application.
26. Can we file a patent registration application, before the publication of invention?
Yes, patent registration application is filed prior to the publication of invention till then it should not be disclosed.
27. Can I apply for Patent Registration, if the invention has already been published in the exhibition?
Yes, the grace period of 12 months is provided by the patent act. One can file a patent registration application within 12 months from the date of publishing the invention.
28. Is it important to file a provisional application first?
No, but it is always preferred to file a provisional application first as applicant gets sufficient time to evaluate the market potential of his/her invention.

29. When the patent registration application is published?
The patent Registration application is published after the expiry of 18 months from the date of patent registration filing or priority date, whichever is earlier.
30.Can the patent application be automatically examined?
No, the patent registration application is not examined automatically, and for this request for examination is has to be submitted with the department.

An examination request can be filed by the applicant within the period of 48 months from the priority date or from the date of filing patent registration application whichever is earlier.
31. What will happen if the applicant is not able to meet the requirement within the given time frame?
If the requirement is not met within the prescribed time frame then the application will be deemed as abandoned.
32. Is Patent required to be renewed every year?
Yes, the patent is required to be renewed year by paying requisite renewal fees. Renewal fees can be paid yearly or in a lump sum as well. However, in the initial two years, there is no renewal fee.
33. Can a patent be restored after cessation?
Yes, a patent can be restored by filling restoration application within 18 months from the date of cessation of the patent with the requisite fees.
34. Would I have to make a presence in the Indian Patent Office during the Patent Registration process?
No, you don't need to visit the patent office unless there is an interview with examiners regarding Patent registration application.
35. How many types of patent applications are there?
There is the following type of patent applications:
- Ordinary Application
- PCT Application
- Convention Application
- Divisional Application and
- Patent of addition
36. What is the Patent of Addition?
Patent of addition means an additional patent application which can be filed by an applicant for an improvement or modification in the main patent registration application.
37. What is the divisional application?
A divisional application is filed in a case where there is more than one invention need to be disclosed under patent Application.

Frequently Asked Questions

38. What is the Patent Search?
Prior to the filing of the patent registration application, a patent search is required to be conducted in order to evaluate novelty and patentability. In Patent search, we search for similar inventions and determine the value addition in the Applicant's invention.
39. What is the Priority Date?
The date of filing the patent registration application whether provisional or complete is the priority date.
40. How do I register a patent online?
Visit the Comprehensive e-filing portal. Fill the registration form. If a user is already registered then he can log in using the User ID and Password or Digital signature.
41. Is an idea intellectual property?
Mere idea cannot be an intellectual property. Without the manifestation of the idea there cannot be intellectual property protection.
42. Who is the owner of a patent?
The owner of the patent is the entity who has the right to file patent applications and take action in a pending application. The ownership of the patent can also be transferred.
43.Do you get paid for a patent?
Yes, patents can help businesses make money through commercializing patent rights, selling patent rights, licensing patent rights etc.
44. How much does it cost to get a patent?
To register your patent, there are two types of fees involved government fees and patent attorney or agent’s fee. The cost of getting patent depends on multiple factors. The approximate cost could bebetween ₹45000 to ₹ 65000.
45. How do I do a patent search?
If you are familiar with the WIPO patent search or the USPTO patent search then you can easily conduct patent search in India.
46. How do I check if a patent exists?
You can check by doing a prior search for patents. Either use paid/free databases or Indian patent website.
47. What does Patent Search mean?
Before filing patent registration in India you must be aware of the non obviousness of an invention and for this purpose, the patent search is conducted

48. Can you extend a patent?
Patent is granted for a limited period i.e., 20 years from the date of filing the application. However, in some countries patent protection can be extended beyond 20 years in specific cases.
49.Can you patent an expired patent?
It is possible for the patent owner to reinstate the patent, if it expires, by paying a surcharge in addition to the maintenance fee.
50. What does a patent do?
An individual or firm obtains the intellectual property right of an invention, the patent right grants full rights over making, using, selling, or importing the products and services and also restricts others from doing so.
51. How to obtain Patent registration?
Following steps need to be followed to obtain patent registration.
- Patentability/ Novelty research
- Drafting the patent application
- Patent application filing
- Patent application publication
- Examination
- Examination report issuance
- Granting the patent
52. What are the documents required to get patent registered?
The following documents are required to get your patent registered:
- Patent application in form-1
- Proof of right to apply for a patent. This proof could either be attached at the end of the application or along with it.
- In the case of provisional specifications, then complete specification in form-2 within 12 months.
- Statement and undertaking under section-8 in form-3 (if applicable).
- If the patent application is filed by a patent agent, then power of authority in form-26
- If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
- The source of geographical origin should also be included in the case of biological material used in the innovation.
- All the applications must bear the signature of the applicant/authorized person/Patent attorney.
- The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.