Patent Registration in India
Protect your invention with up to 20 years of exclusive legal rights under the Patents Act, 1970 — search, specification drafting, filing and examination support, handled end to end by Mark Bureau.
- Patentability & prior-art search across Indian and global databases
- Specification and claims drafted by patent professionals
- End-to-end filing — Form 1 through FER response to grant
- Renewal tracking for the full 20-year term
Protect Your Invention Before Someone Else Does
Get a free patentability check from a Mark Bureau patent expert.
What Is Patent Registration?
Patent registration is the legal process of securing exclusive rights over an invention under the Patents Act, 1970. Once granted, it prevents others from making, using, selling, or importing your invention without authorisation — typically for 20 years from the date of filing.
Beyond legal protection, a granted patent becomes a tangible business asset. It can be licensed for royalty income, sold outright, used as security for financing, or leveraged to strengthen investor confidence during funding rounds. The Patent Office examines every application for novelty, inventive step, and industrial applicability before granting protection — full public disclosure of the invention is the trade-off for that 20-year exclusivity.
Why Patent Registration Matters
- Grants exclusive rights to make, use, sell, or import your invention for up to 20 years
- Creates a legally protected, licensable, and sellable intellectual property asset
- Strengthens investor confidence during funding, acquisition, and partnership discussions
- Establishes a priority date that supports international filings under the Paris Convention or PCT
- Enables legal action against infringers, with remedies like injunctions and damages
- Builds credibility as a recognised innovator, differentiating your business in competitive markets
- Encourages continued R&D by protecting against unauthorised imitation
Patentability Criteria
Under Sections 2(1)(j) and 2(1)(ja) of the Patents Act, 1970, every invention must clear three tests to qualify for protection.
Novelty
The invention must not have been disclosed to the public anywhere in the world before the filing date — through publications, prior patents, websites, or public demonstrations.
Inventive Step (Non-Obviousness)
It must not be obvious to a person skilled in the relevant field, and should represent a genuine technical advancement or unexpected result.
Industrial Applicability (Utility)
The invention must be capable of industrial use and provide practical, tangible benefit — not purely theoretical or speculative.
What Can & Cannot Be Patented in India
What Can Be Patented
- Products — new machines, devices, chemicals, pharmaceuticals
- Processes or methods — innovative manufacturing or industrial techniques
- Machines — mechanical inventions with novel mechanisms or improved functionality
- Manufactured goods produced using a distinct or innovative method
- Chemical formulations — including new drug compositions
- Biotechnological inventions — gene editing, genetic sequences, biotech processes
- Software and digital innovations that solve a genuine technical problem
What Cannot Be Patented (Sections 3 & 4)
- Inventions contrary to natural laws, public order, or morality
- Mere discoveries of scientific principles or naturally occurring substances
- Mathematical methods, business methods, algorithms, and computer programs per se
- Methods of agriculture or horticulture
- Medical, surgical, or therapeutic treatment methods for humans or animals
- Plants, animals, seeds, and biological processes, except microorganisms
- Literary, dramatic, musical, or artistic works
- Layout designs of integrated circuits
- Inventions relating to atomic energy
If you're unsure whether your invention qualifies, a quick expert consultation before you invest in drafting is almost always worth it.
Who Can Apply for a Patent?
Under Section 6 of the Patents Act, 1970, eligible applicants include:
- The true and first inventor who conceived and developed the invention
- An assignee — an employer, company, startup, or research institution that has acquired the rights through valid assignment
- The legal representative of a deceased person who was entitled to apply
Applicants can be individuals, companies, LLPs, educational institutions, or government bodies, and two or more parties can file jointly as co-inventors or co-owners. Note: if the invention was created during employment, the right to apply generally belongs to the employer, subject to the employment agreement.
Types of Patent Applications
| Application Type | Purpose | Key Timeline |
|---|---|---|
| Provisional Application | Secures an early priority date while the invention is still under development | Complete specification due within 12 months |
| Complete (Ordinary) Application | Full disclosure and claims for a fully developed invention | Direct filing, or after a provisional |
| Convention Application | Claims priority from an earlier filing in a convention country | Within 12 months of the first filing |
| PCT International Application | Single international filing under the Patent Cooperation Treaty | Up to 31 months to enter national phase |
| PCT National Phase Application | Seeks protection in India from a prior PCT filing | Within 31 months from priority date |
| Divisional Application | Splits multiple inventions in one application into separate ones | Retains the parent's filing date |
| Patent of Addition | Protects an improvement to an already filed or granted patent | Expires with the main patent |
Documents and Forms Required
| Form | Purpose |
|---|---|
| Form 1 | Application for grant of patent — applicant, inventor, and invention details |
| Form 2 | Provisional or complete specification — the invention's full technical description and claims |
| Form 3 | Statement and undertaking regarding foreign patent applications, under Section 8 |
| Form 5 | Declaration of inventorship, confirming the inventor(s) and their contribution |
| Form 9 | Request for early publication, ahead of the standard 18-month period |
| Form 18 / 18A | Request for examination — regular or expedited — required to start the review process |
| Form 26 | Power of Attorney, authorising a patent agent or attorney to file on your behalf |
| Form 27 | Statement of commercial working, filed after grant to disclose use of the invention in India |
| Form 28 | Declaration for startups and small entities, claiming fee concessions |
Additional documents: detailed specification, drawings/diagrams, an abstract, priority documents (for Convention or PCT filings), and permission from the National Biodiversity Authority if biological material sourced from India is involved.
Step-by-Step Patent Registration Process
Conduct a patentability and prior-art search to confirm your invention is new, inventive, and undisclosed anywhere in the world. (2–7 days, up to 2–3 weeks for an in-depth search)
Draft the patent specification — provisional or complete, including title, field, background, claims, and abstract. (3–10 days depending on complexity)
File Form 1 with Form 2 and supporting documents on the IP India portal, establishing your official filing date and application number. (1 day)
Your application is automatically published in the Patent Journal 18 months from the filing or priority date — or sooner if you file Form 9 for early publication.
File Form 18 (Request for Examination) within 48 months of the filing or priority date — examination will not begin without it.
The examiner reviews for novelty, inventive step, and industrial applicability, and issues a First Examination Report (FER). You must respond within 6 months, extendable by 3.
Attend a hearing if objections remain unresolved after your FER response, presenting arguments and evidence as directed.
Third parties can file a pre-grant opposition after publication but before grant — respond with technical and legal justification if this occurs.
Once all objections are cleared, the patent is granted, published in the Patent Journal, and you receive your official Patent Certificate.
Post-grant, monitor for opposition within a 12-month window, and pay annual renewal fees from the 3rd year onward to keep the patent valid for its full 20-year term.
Typical timeline
1 to 3 years from filing to grant, depending on invention complexity — expedited examination for startups, small entities, and women entrepreneurs can cut this to roughly 1–1.5 years.
Mark Bureau Patent Registration Fees
Government fees vary significantly by applicant category — natural persons, startups, and small entities pay substantially less than other entities at every stage.
| Particulars | Natural Person / Startup / Small Entity | Other Entity |
|---|---|---|
| Patent application filing (Form 1) | ₹1,600 | ₹8,000 |
| Early publication (Form 9) | ₹2,500 | ₹12,500 |
| Request for examination (Form 18) | ₹4,000 | ₹20,000 |
| Expedited examination (Form 18A) | ₹8,000 | ₹60,000 |
| Renewal, 3rd–6th year (per year) | ₹800 | ₹4,000 |
| Renewal, 7th–10th year (per year) | ₹2,400 | ₹12,000 |
| Renewal, 11th–15th year (per year) | ₹4,800 | ₹24,000 |
| Renewal, 16th–20th year (per year) | ₹8,000 | ₹40,000 |
Fees are for e-filing under the First Schedule to the Patents Rules, 2003 (as amended). Physical filing attracts a 10% surcharge. Total cost typically ranges from ₹15,000 to over ₹1,50,000 depending on entity type and the plan/support level chosen.
Patent Office Jurisdiction
Jurisdiction is determined by the applicant's residence, place of business, or domicile (the first-named applicant for joint filings), where the invention was made, or the applicant's Indian service address for foreign filers without an Indian presence.
| Patent Office | States / Union Territories Covered |
|---|---|
| Mumbai | Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh, Daman & Diu, Dadra & Nagar Haveli |
| Delhi | Delhi, Himachal Pradesh, Haryana, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Chandigarh |
| Chennai | Tamil Nadu, Andhra Pradesh, Karnataka, Kerala, Puducherry, Lakshadweep |
| Kolkata | West Bengal, Bihar, Odisha, Sikkim, Assam, and the remaining North-Eastern states, plus the rest of India |
Patent Renewal, Restoration & Cancellation
Annual Renewal
Patents require annual renewal fees starting from the 3rd year, rising progressively through the 20-year term. A 10% rebate applies when you pay electronically in advance for at least four years, and a 6-month grace period is available on payment of a surcharge if you miss a deadline.
Restoration
If a patent lapses due to non-payment, you can apply for restoration within 18 months of the lapse date, provided you can show the failure was unintentional. Form 15 is used for this, and the Controller reviews the reasons before approving — third parties may also oppose the restoration.
Cancellation (Revocation)
A granted patent isn't permanently safe from challenge. It can be revoked if the invention lacked novelty or an inventive step, was not patentable subject matter, was obtained through fraud or misrepresentation, or if mandatory foreign-filing disclosures were withheld.
Patent Infringement and Remedies
Infringement occurs when someone manufactures, uses, sells, or imports your patented invention — or commercially exploits it — without a valid licence. If it happens, patent owners can pursue:
- Interim and permanent injunctions restraining the infringer
- Damages — financial compensation for losses suffered
- Account of profits — recovery of profits the infringer earned from unauthorised use
- Seizure or destruction of infringing goods, where the court directs it
Penalties Under the Patents Act, 1970
- Violating secrecy provisions for defence-related inventions (Section 118) — up to 2 years imprisonment, a fine, or both
- Falsely claiming an article is patented in India (Section 120) — fine up to ₹1,00,000
- Misusing the term "Patent Office" (Section 121) — up to 6 months imprisonment, a fine, or both
- Failing to furnish required information (Section 122) — fine up to ₹10,00,000
- Practising as an unregistered patent agent (Section 123) — fine up to ₹1,00,000 for a first offence, up to ₹5,00,000 for repeat offences
Beyond statutory penalties, missing procedural deadlines carries its own risk — a complete specification not filed within 12 months of a provisional application, or a Request for Examination not filed within 48 months, results in the application being deemed abandoned.
Patent vs Copyright vs Trademark
| Particulars | Patent | Copyright | Trademark |
|---|---|---|---|
| Protects | Inventions, products, processes | Original creative works | Brand names, logos, identifiers |
| Registration | Mandatory to obtain rights | Automatic, registration strengthens it | Not mandatory, but recommended |
| Validity | 20 years from filing | Author's life + 60 years | 10 years, renewable indefinitely |
| Renewal | Annual fees from year 3 | None required | Every 10 years |
Protecting a brand name alongside your invention? Start with a free trademark search, then move into full trademark registration.
Why Founders Choose Mark Bureau for Patent Registration
- Comprehensive patentability and prior-art search across Indian and global databases
- Specifications and claims drafted by experienced patent professionals to withstand examination
- End-to-end filing support — from Form 1 through FER responses to grant
- Strategic guidance on provisional vs complete filing, and India vs PCT jurisdiction
- Renewal tracking and restoration support to keep your patent enforceable for its full 20-year term
Frequently Asked Questions
Typically 1 to 3 years from filing to grant, depending on the invention's complexity and whether expedited examination applies. Startups, small entities, and women entrepreneurs can access faster processing that shortens this to roughly 1–1.5 years.
A provisional specification secures an early priority date while the invention is still being finalised, and must be followed by a complete specification — with full claims — within 12 months. A complete specification can also be filed directly if the invention is already fully developed.
It's not legally mandatory, but strongly recommended. A thorough prior-art search tells you upfront whether your invention is genuinely novel, saving you from investing in drafting and filing fees for an application likely to face rejection.
Computer programs "per se" are excluded under the Patents Act, but software that demonstrates a genuine technical effect or solves a specific technical problem — often in combination with hardware — can qualify for patent protection.
Yes. Annual renewal fees are payable from the 3rd year through the 20th year to keep the patent valid. Missing a renewal triggers a 6-month grace period with surcharge, and restoration remains possible for up to 18 months after lapse.
Yes — foreign individuals and companies can file directly, typically through the PCT national phase route or a Convention application, and must provide an address for service in India.
If objections raised in the examination process aren't resolved to the Controller's satisfaction, even after a hearing, the application is refused. At that point, the only path forward for that invention is typically filing a fresh application, though appeal options may exist depending on the circumstances.
Ready to Protect Your Invention?
Mark Bureau handles patent search, specification drafting, filing and examination support end to end.
Ready to Protect Your Invention?
Call +91-8576076152, email [email protected], or visit www.tmsearch.co.in.
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