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Patent Registration In India

5,000+ Patent Registrations since 2011

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What is a Patent?

  • A patent provides an individual or a business with rights to protect their invention from illegal importing, producing or selling of the product without the permission of the patent holder. To protect their innovative ideas from being taken advantage of, inventors often choose to file for a patent. Filing a patent in India is a legally complex process and it is time consuming. Fortunately, KhataDekho offers a hassle-free solution for patent registration, allowing inventors to complete their registration quickly and efficiently.

What Is Patent Registration?

  • Patent registration in India is legally demanding. It includes securing exclusive rights to an invention by its creator or owner. It is granted by the government for a specific duration, generally for 20 years, to prevent others from making, using, or selling the invention without the patent owner’s permission. In return, the patent owner must disclose all details and specifications of the invention to the public for further research and development. KhataDekho can complete the patent filing online with expert support.

Types of Patent Application in India

In India, the following types of patent applications can be filed for patent registration process

  • Ordinary Application: This is the most common type of application and is filed by the applicant directly with the patent office
  • Convention Application: It is filed by an applicant who has already filed a patent application in a convention country
  • PCT International Application: This application is filed under the Patent Cooperation Treaty (PCT) and is recognised in all member countries.
Validity Period of the Registered Patent Registration:

The validity period of a registered patent is 20 years from the date of filing

Steps: Patent Registration Process

The process of patent registration in India involves the following steps:

  • Step 1: File the patent registration application with all the needed documents
  • Step 2: After the application is filed, it is published in the official journal, which is available to the public
  • Step 3: Submit a request for the patent application’s evaluation. The patent office will review the application after receiving the request for examination and issue a report on the invention’s patentability
  • Step 4: If the patent office is satisfied with the patentability of the invention, it will grant the patent to the applicant.

 

Documents for Filing Patent Registration Application

The following documents are to be submitted along with a patent registration application:

  • A complete specification of the invention, including the details of how it works and its applications
  • A provisional application for the patent
  • A declaration of inventorship and ownership of the invention
  • Drawings and diagrams of the invention, if applicable
  • Details of the applicant or owner of the invention.

What Are the Recent/Last Amendments in the Patent Act, 1970?

The most recent amendments to The Patent Act, 1970 were made in 2019. These amendments introduced several changes, such as:

  • Software and business procedures are now included in the definition of an invention that qualifies for patent protection
  • The term for the grant of a patent for pharmaceutical products was increased from 20 years to 20 years plus an additional 5 years
  • The procedure for the expedited examination of patent applications was introduced.

Timeline

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Frequently Asked Questions (FAQs)

A patent can be filed either by a new inventor or his assignee (alone or jointly with any other people).
Yes, if the patent application is denied, the applicant has a chance to be heard. The applicant can reply to the rejection by adding further supporting documentation or revising the application.
 
The three types of patents are utility patents, design patents, and plant patents.
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.
Patent registration is valid for 20 years in India.
Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.
10 days before the statutory deadline, the applicant must file a request for a hearing. If the applicant fails to do so, the controller has the authority to reject the application without hearing the inventors.
Patent registration in India is important to protect an inventor’s exclusive rights over their invention. It provides legal protection against unauthorised use, manufacture, or sale of the invention by others. It also encourages innovation and creativity by rewarding inventors with a monopoly over their invention for a limited time.
No, Indian Patent is not valid throughout the world. An inventor needs to apply for a patent separately in each country where they seek protection.

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