Frequently Asked Questions

What types of intellectual property rights can be registered under Indian Law?2020-01-04T07:16:33+00:00

Indian law provide protection to patents, trademarks, copyright, designs, semiconductor layouts, plant varieties, geographical indication. Applications for these can be filed at Indian Patent Office, Indian Trademark Registry, Indian Copyright Office. Also, these offices are addressed as Boudhik Sampada Bhawan.

What are the preferred procedure of getting a patent in India? Or What is the procedure for filing patent application in India?2020-01-04T07:19:14+00:00
  • First step should be conducting a worldwide comprehensive prior art search in order ascertain patentability of the concept under study. Though prior art search is synonymously used for novelty search and/or patentability however there are some difference in all these three types of searches.
  • Second step is to draft provisional/complete specification which to be filed at the Indian Patent Office.
  • Third step is to file patent application at the Indian Patent Office. The Applicant can also file a request for early publication.
  • Fourth step is to submit request for examination/expedite examination at the Indian Patent Office.
  • Fifth step is to reply/file response to the First Examination (FER) at the Indian Patent Office at the earliest.
  • Sixth step would be issuance of decision by the Indian Patent Office on the application after considering response to the FER filed by the applicant.
  • Seventh step is payment of annuity/renewal fees at the Indian Patent Office.
Who can file a patent application at the Indian Patent Office?2020-01-04T07:20:29+00:00

Any person can file/submit an application for patent at the Indian Patent Office. There are four categories of applicant under which one can file the patent application i.e. Natural Person/Individual. Startup, Small Entity, Large Entity.

  • The applicant can file the application on his own or can seek assistance from a patent agent, lawyer, advocate, vakil, consultant, service provider, advisor, an agency, expert in the domain of intellectual property and/or patent. The authorized representative must be a registered patent agent with the Indian Patent Office.
What the term ‘Patent’ means?2020-01-04T07:21:41+00:00

Patent is a legal right given to innovators/inventors/organizations/universities for fixed term of 20 years by the Government of India in exchange of public disclosure of the invention/concept/idea. Patent owner prevent other from making, using, selling, importing the patented product or process for producing that product for these purposes without the consent of the patentee/patent owner.

How long a patent can be enforced?2020-01-04T07:23:24+00:00

A patent has a life of 20 years from the date of filing of application in case of first application filed in India. In case of national phase application filed on the basis of a PCT application then the date of international filing is taken into consideration to calculate the term of patent.

Can I get global patent?2020-01-04T07:24:27+00:00

There is no global patent or worldwide patent or international patent.

What is the law pertaining to patents in India?2020-01-04T07:25:18+00:00

Patents are processed and granted in line with provisions mentioned in Indian Patents Act, 1970 as amended time to time.

Can I protect my invention worldwide by using my Indian Patent?2020-01-04T07:26:02+00:00

Indian Patent is only enforceable within territory of India. Terms such as global patent or worldwide patent does not exist. You can protect your invention by filing patent applications in countries or nations or jurisdiction of interest by claiming priority from your Indian patent application via Paris Convention or Patent Co-operation Treaty (PCT).

What can I protect by using Patents law?2020-01-04T07:27:00+00:00

Any product or process can be protected by Patents Law subject to prohibitions of Section 3 and Section 4 of the Indian Patents Act, 1970.

India is member of which international treaties or conventions?2020-01-04T07:28:46+00:00

India a signatory of Patent Cooperation Treaty (PCT), Paris Convention, Budapest Treaty etc.

Is it mandatory for an applicant (of a patent application in India) who is not a resident of India to hire a registered patent agent in India?2020-01-04T07:30:25+00:00

As per the provisions of the Indian Patent Act, 1970, an applicant must provide an address of service in India for communication purpose. Therefore, it is recommended to consider appoint a registered patent agent which will help to get an address of service in India as well as provide expert knowledge of local laws.

What is the criteria of getting a patent for an invention?2020-01-04T07:31:50+00:00

Invention must be (a) novel i.e. should not be disclosed anywhere in world or globe [see Section 2(1)(l) of the Indian Patents Act, 1970]; (b) must involve inventive step i.e. should not be obvious to a person skilled in the art and must be technically advance and/or economic significance in view of existing prior arts or solutions or patents or patent applications [see Section 2(1)(ja) of the Indian Patents Act, 1970]; (c) must be industrially applicable [see Section 2(1)(ac) of the Indian Patents Act, 1970].

What type of inventions are not patentable?2020-01-04T07:37:16+00:00

Section 3 and Sector 4 of the Indian Patents Act, 1970 enumerate inventions which are not patentable in India:

  • Section 3(a) – an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
  • Section 3(b) – an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;
  • Section 3(c) – the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
  • Section 3(d) – the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant. Explanation. -For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;
  • Section 3(e) – a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
  • Section 3(f) – the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
  • Section 3(h) – a method of agriculture or horticulture;
  • Section 3(i) – any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
  • Section 3(j) – plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
  • Section 3(k) – a mathematical or business method or a computer programe per se or algorithms;
  • Section 3(l) – a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
  • Section 3(m) – a mere scheme or rule or method of performing mental act or method of playing game;
  • Section 3(n) – a presentation of information;
  • Section 3(o) – topography of integrated circuits;
  • Section 3(p) – an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.
  • Section 4 – inventions relating to atomic energy not patentable. -No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).
I have disclosed my concept/idea/invention in public, can I now get a patent?2020-01-04T07:38:16+00:00

Indian Patents Act, 1970 provides a grace period of 12 months for filing of patent application from the date of first disclosure of the concept/idea/invention in public. However, this grace period is subject to provisions enumerated under Sections 29-34 of the Indian Patents Act, 1970.

Can anyone obtain information about my patent application from Patent Office?2020-01-04T07:42:08+00:00

Patent Office do not provide information about your invention claimed in your patent application until it is published by the Patent Office in the Official Journal of the Patent Office. However, after publication the patent application is open for public inspection at any time after payment of prescribed fees.

I have developed a software, Can I get a patent in India?2020-01-04T07:44:13+00:00

Section 3(k) of the Indian Patents Act, 1970 precludes from patentability a computer program per se. Usually, applications for patent in India claiming computer program or source code or database structure are rejected by the Indian Patent Office. However, a careful drafting of patent specification can improve chances of getting a patent for a concept/invention/idea related to a software system.

Where is Patent Office Located?2020-01-04T07:47:49+00:00

Indian Patent Office has four branches at New Delhi, Mumbai, Kolkata and Chennai with headquarters at Mumbai. Also, Indian Patent Office has one Rajiv Gandhi National Institute of Intellectual Property at Nagpur.

Do I need to visit Patent Office?2020-01-04T07:48:32+00:00

No, it is not required to visit Patent Office. You can file applications and/or any request by using online facility of Patent Office i.e. efilling Patents.

How can I search for information about a patent application and/or patent?2020-01-04T07:49:05+00:00

You have to visit official website of the Indian Patent Office i.e. ipindia.nic.in and search for patents. You must provide application number or patent number to obtain information electronically on the website.

Where is my patent application is published in India?2020-01-04T07:51:08+00:00

The Indian Patent Office publish applications in the Official Journal of the Patent Office every Friday. The Official Journal provides information about early publications, 18-month publication, post grant publication, restoration of patent, notifications (if any), list of non-working patents and any public notices.

What is the fee to buy Official Journal of Patent Office?2020-01-04T08:41:45+00:00

It is provided free of cost.

Am I eligible for filing patent application in India?2020-01-04T08:42:14+00:00

Yes, if you are a true and first inventor or legitimate assignee of the inventor or legal representative of any deceased person. In other words, a patent application in India can be filed by true and first inventor or his assignee, either alone or jointly with any other person or legal representative of any deceased person.

How to apply for a patent in India?2020-01-04T08:42:43+00:00

You have to first conduct a prior art search to ascertain patentability of the concept/invention/idea. Then you must draft a provisional/complete patent specification. Thereafter, you must file application along with prescribed Forms at the Indian Patent Office.

Do I need to visit Patent Office to file Patent Application in India?2020-01-04T08:43:23+00:00

No. You can file your application by using comprehensive efiling portal i.e. efiling patents of the Indian Patent Office. You can visit official website site i.e. ipindia.nic.in of the India Patent Office for more information.

How to obtain digital signature for patent filing in India?2020-01-04T08:44:07+00:00

You can obtain digital signature from any certifying authorities namely (n)Code solutions, TCS, SafeScript or emudra.

What are the languages in which I can file patent application in India?2020-01-04T08:44:38+00:00

The Indian Patent Office accepts patent applications in English or Hindi languages.

How to make account for efilling?2020-01-04T08:45:08+00:00

You need to first obtain digital signature Class II or Class III and then create an account on the efilling portal.

Can I file patent in India in Hindi?2020-01-04T08:46:17+00:00

Yes, it is possible to file patent application in India in Hindi.

Which Patent Office should I file my application?2020-01-04T08:46:50+00:00

In India there is only one Indian Patent Office which has four branches at New Delhi, Mumbai, Kolkata and Chennai. Each branch has its specific jurisdiction. The appropriate office for all proceedings related to patent application is decided on the basis of the address of the applicant (in case of Indian applicant) and address of service in India (in case of foreign applicant).

I have filed my patent application in India, can I withdraw it?2020-01-04T08:47:53+00:00

Yes, it is possible to withdraw your application filed at Indian Patent Office.

  •  In case, you do not wish your application to be published then you should file a request for the withdrawal of the application for patent in India within 15 months of the date of filing or date of priority, whichever is earlier.
  • It is also possible to withdraw the patent application in India before issuance of the First Examination Report (FER) and can claim a refund of up to 90% of examination fees paid to Indian Patent Office.
  • In any case, applicant who had filed a patent application in India can withdraw the application any time after filing but before the grant of patent by submitting a request in prescribed format. There are no fees for such a request.
What are the types of applications for patent can be filed in India?2020-01-04T08:48:29+00:00

Provisional Application, Ordinary Application, Convention Application, PCT international Application, PCT National Phase Application, Patent of Addition and Divisional Application.

Restoration of Patent in India is possible?2020-01-04T08:49:20+00:00

Yes, a lapsed patent can be restored by submitting a request for restoration along with prescribed fee. Such a request must be filed within 18 months from the date of lapse.

What is the procedure for early publication of patent application filed in India?2020-01-04T08:49:50+00:00

You have to file a request for early publication on prescribed form along with prescribed fee.

I want to submit third-party observations in respect of a patent application filed in India, how?2020-01-04T08:50:17+00:00

As per the provisions of Indian Patents Act, 1970, any person can submit his/her observations to the Controller of the Indian Patent Office any time after the publication of the patent application and before the grant of a patent.

What are the Forms required to file along with a patent application in India?2020-01-04T08:50:48+00:00

You have to file Form 1, Form 2, Form 3, Form 5, Form 26, Form 9 (optional), Form 18 or Form 18A (optional).

When a complete specification should be filed after filing a provisional application in India?2020-01-04T08:51:16+00:00

You must submit complete specification within 12 months from the date of filing provisional application in India.

When can I file application outside India after filing patent application in India?2020-01-04T08:51:43+00:00

An application for patent can be filed outside India after 6 weeks from the date of filing the first provisional/complete patent application in India. However, a convention patent application under Paris convention must be filed within 12 months from the date of filing of the first provisional/complete patent application in India. Also, an international application under PCT or PCT application must be filed within 12 months from the date of filing of the first provisional/complete patent application in India.

Is it mandatory to file request for examination in respect of patent application in India?2020-01-04T08:52:10+00:00

Yes. An applicant must file a request for examination within 48 months from the date of filing or date of priority, whichever is earlier otherwise the application for patent in India will be lapsed.

My patent application filed in India has been granted a patent, how to file renewal fees?2020-01-04T08:52:42+00:00

The renewal fees or annuity payments are required to be paid from the third year however applicant have pay annuity payments only after grant of patent.

Can I expedite examination of my patent application in India?2020-01-04T08:54:26+00:00

Yes, the Indian Patents Act, 1970 allows filing a request for expedite examination on the following grounds:

  • If an applicant of international application under PCT or PCT application has indicated India as competent International Searching Authority or elected as an International Preliminary Examining Authority.
  • If an applicant is a registered startup under Startup India scheme.

My patent application filed in India has been granted a patent, how to file renewal fees?2020-01-04T08:54:59+00:00

The renewal fees or annuity payments are required to be paid from the third year however applicant have pay annuity payments only after grant of patent.

I have received First Examination Report (FER) from Indian Patent Office, what next?2020-01-04T08:56:22+00:00

You must reply to the First Examination Report (FER) within 6 months from the date of issuance of FER. If you are not able to file a response within 6 months’ time then you may extend the time for not more than 3 months by making a request in this regard along with prescribed fee.

If Examiner is not satisfied with the response to First Examination Report (FER), what next?2020-01-04T08:56:50+00:00

The Examiner will issue a Second Examination Report (SER) or appoint an official hearing in order to give opportunity to applicant of being heard before refusing the application, provided applicant had made such a request at least 10 days in advance before expiry of the expiration period.

How can I oppose a patent application filed in India or a patent granted by the Indian Patent Office?2020-01-04T08:57:58+00:00

A patent application can oppose by filing a pre-grant opposition whereas a patent can be opposed by filing a post-grant opposition or petition for revocation of patent.

At what time I should file a patent application?2020-01-04T09:06:11+00:00

You must file a patent application without delay. It is preferred to file a provisional application as soon as you think of your idea/concept/invention to block your priority date. It should be kept in mind that number of people would be working on same concept/idea/invention in the world and may file patent application before you file to get a priority date.