Patent Registration
What is a Patent?
A patent is a legal right given to an inventor that lets them control their invention—whether it’s a product, process, or new technology. It encourages people to invent new things by giving the inventor exclusive rights to use and sell their invention for about 20 years. In return, the inventor must share how the invention works with the public.
In India, patents are governed by The Patents Act, 1970. To get a patent, the invention must be:
- New (not made or known before)
- Creative (involves an inventive step)
- Useful (can be used in industry)
If these conditions are met, the inventor gets legal protection and can stop others from making, using, or selling their invention without permission.
Example:
The unique shape of the Coca-Cola glass bottle is protected by an Industrial Design Patent. Its distinctive and new design allowed Coca-Cola to protect its brand and prevent others from copying the bottle’s look.
Who Should Register for a Patent in India?
- Inventors, Scientists, and Researchers: Anyone who creates a new product, process, or technology should patent their innovation to protect it.
- Startups, Businesses, and Corporations: Companies working on new products or technology should patent their creations to stay competitive and protect their investments.
- Research Institutions and Universities: Educational and research organizations should patent new inventions to protect and commercialize their work.
- Engineers, Designers, and Tech Developers: People working on new machines, software, or designs should file patents to secure exclusive rights.
- Healthcare, Pharma, and Biotech Companies: Developers of new drugs or medical devices should patent their inventions to protect them and explore licensing options.
- Agricultural Innovators: Anyone creating new farming tools or techniques should patent their inventions for protection and business opportunities.
Why is Patent Registration Important?
1. Exclusive Rights
When you register a patent, you get the exclusive right to make, use, sell, or license your invention for 20 years. This means no one can legally profit from your idea without your permission. It gives you full control over how your invention is used, allowing you to plan its growth, production, or licensing. Your invention becomes your own intellectual property.
2. Legal Protection
A registered patent proves that the invention is yours. If someone tries to copy or misuse it, you can take legal action. This protection helps prevent theft or copying, which is especially important in industries where new ideas are often copied quickly.
3. Competitive Advantage
Having a patent sets your business apart by showing you're creating something original. This can attract investors, customers, and partners looking for innovation. It also gives you an advantage in the market before competitors can copy your idea.
4. Monetization Opportunities
You can license or sell your patent to another company, allowing you to make money from your idea without building a business around it. For startups or individuals, this is a smart way to earn from your innovation.
5. Business Credibility
You can license or sell your patent to make money from your idea without starting a business. For startups or individuals, it’s a smart way to profit from innovation.
Types of Patents in India
In India, the major types of patents recognized are:
1. Product Patent
A product patent means a patent that protects a brand-new invention like a machine, a gadget, or even a chemical formula. Once you get it, no one else can make, use, or sell that exact product without your permission. It’s basically like owning the rights to your creation.
2. Process Patent
Process Patent is a unique way of protecting the process followed while inventing or producing a product. It Is a special method to make fabric or a new technique for manufacturing chemicals so if you’ve invented a new process, a process patent makes sure others can’t use it.
3. Provisional Patent Application
Though this type of patent isn’t a full patent it’s more like a temporary filing to get the patent, that locks in your priority date. You get 12 months after filing your invention and submit the complete patent details. It’s a boon, if your idea is still a work in progress but you want early protection.
4. Design Patent
In India, the design patent though used very often isn’t recognized in India and design gets protected under the Designs Act, 2000 subjected to fulfillment of laws and rules, and isn’t patented rather only design protected for 10 years, which is extendable by 5 years upon fulfillment of certain conditions.
Real Life Scenario:
Tata Motors partnered with a French company called MDI (Motor Development International) to build a car that could run on compressed air instead of petrol or diesel. This was a big step toward using cleaner energy and reducing pollution. To protect their invention, Tata Motors applied for several patents in India. These patents covered things like how the engine works, how it is installed in the car, and how it uses air efficiently.
Because of these patents, Tata Motors got exclusive rights to use and sell this technology in India. This means no other company could copy their idea without permission. The patents also helped Tata stand out from other car companies, especially as the market for eco-friendly vehicles started to grow. On top of that, owning patents made Tata look stronger in the eyes of international investors and partners, helping them attract more business opportunities.
This example shows how having a patent in India can help protect your invention, support new ideas, and give companies a big advantage in business. It also supports programs like Make in India, which encourage local innovation and the use of cleaner, greener technology.
Documents Required for Patent Registration
- Covering Letter indicating the list of documents
- Form-1: Patent Application form for Patent.
- Proof of Right: It is a letter or agreement for assignment of right to file the patent.
- Form-2: Write about your invention in provisional or complete specification details.
- Form-3: Statement and undertaking (applicable only if you have applied for patent outside India).
- Form-26: It is an authority letter used in case it is filed by an Agent (Power of Authority)
- Form-5: A form for Declaration of Inventorship.
- Form-9: A form for the request of publication
- Form-18: A form for the request for examination
- Priority Document: This is needed only if you have already filed the same invention in another country.
- National Biodiversity Authority Permission: If the invention used plants and animals from India
- Source Disclosure: Mention geographical origin of any biological material.
- Signatures: Applicant/agent must sign all forms, documents, and drawings.
- Form-28: It is required to be submitted by small entity only.
Online Patent Registration Process in India
Step 1: Indian Patent Search
- The first step in filing a patent in India is to do a worldwide search to check if your invention is unique. As the Indian Patent Office may challenge your patent if your idea is similar to existing inventions.
- Doing a search helps you understand the chances of your patent being approved.
Step 2: Drafting Patent Specification
After the research, you need to draft a patent specification (Form 2), which is a technical and legal description of your invention.
- Provisional Specification: If you file a provisional application, you can still apply for a patent, but the invention is not fully developed, and there are no claims made yet.
- Complete Specification: A full patent application must include a detailed description of your invention, including claims and any drawings if needed.
Step 3: Patent Application Filing
After drafting the patent specification, you can file a patent application in India. If you filed a provisional specification, you must submit a complete specification with claims within 12 months.
There are six types of patent application forms, each for different needs of the applicant.
Step 4: Patent Publication for Public Opposition
After the patent application, the patent is published in an official journal for the public to see. This gives people the chance to raise objections if they have valid reasons.
Step 5: Requesting Patent Examination
- The patent application is examined only after a request for examination is made. This request must be filed within 48 months of the application date.
- The examiner reviews the application and issues a report with any objections. The applicant must respond within 12 months.
- If needed, the examiner may call the applicant for a hearing to address objections. This stage is called patent prosecution.
Step 6: Grant of a Patent
- Once all objections are addressed and the examiner is satisfied, the patent application is ready for approval.
- If the examiner isn’t satisfied with the response, they can reject the application.
In case of rejection, the applicant will need to go through the entire process again to try for patent protection.
Difference between Trademark, Copyright and Patent
Feature | Trademark | Copyright | Patent |
What it Protects | Brand identity - names, logos, slogans, symbols, packaging, etc. | Original creative works - literary, artistic, musical, and dramatic works | New inventions - processes, machines, compositions, or improvements |
Purpose | Distinguish goods/services from competitors | Protect original expression and creative works | Encourage innovation by granting exclusive rights to inventions |
Examples | Nike logo, Coca-Cola bottle shape, McDonald's slogan | Books, films, software code, paintings, songs | A new type of engine, pharmaceutical drug, or mobile technology |
Protection Eligibility | Must be distinctive and used in trade | Must be original and fixed in a tangible form | Must be novel, non-obvious, and industrially applicable |
Owner's Rights | Exclusive right to use the mark; right to sue for infringement | Right to reproduce, distribute, perform, and license the work | Exclusive right to make, use, sell, or license the invention |
Territorial Scope | National – must file in each country separately | Automatically applicable in most countries. | National – must file in each country separately |
Registration Requirement | Optional but recommended for legal protection | Automatic upon creation; registration optional (but helpful for enforcement) | Mandatory for enforcement and commercial exploitation |
Validity/Duration | 10 years (renewable indefinitely every 10 years) | Lifetime of the author + 60 years (in India) | 20 years from the filing date (non-renewable) |
Renewal | Can be renewed every 10 years indefinitely | Not required - automatically expires after term ends | Cannot be renewed once it expires |
Time to Obtain | 6–18 months (if no opposition) | Registration takes 1–3 months | 2–5 years (due to examination and approval process) |
Commercial Use | Used to create brand value, market identity, and customer loyalty | Monetized through licensing, sales, publishing rights | Commercialized through licensing or manufacturing based on the invention |
Infringement Action | Civil and criminal remedies available | Civil remedies and criminal penalties for piracy | Civil remedies for unauthorized use or replication. |
Things to Do & Mistakes to Avoid While Registering for a Patent
Dos | Don’ts | Expert Tips |
Make Sure Your Invention Is New | Never Disclose Your Invention Before Filing | Consult a Patent expert, to search for any similar invention, that you might miss. This saves times and reduces the risk of rejection. |
Keep Detailed Records of Your Invention | Don’t Assume All Ideas Are Patentable | Maintain a notebook with dates, and witnesses these records can be used as strong evidence if there’s a legal issue or if someone else tries to claim your invention. |
File the Patent Application Early | Don’t Delay the Complete Application | In India, the first person to file gets the rights and not the first person who thought of the idea. |
Maintain Confidentiality Until You File | Don’t Ignore Formalities | Keep your invention a secret until you file the patent. If you need to talk to anyone about it, like partners or investors, make them sign an NDA |
Choose the Right Type of Application | Don’t Copy Someone Else’s Technology | Start with a provisional patent application to lock in your date, then file the full details within 12 months. |
Hire a Patent Agent or Attorney | Don’t Forget to Follow Up After Publication | A professional/patent expert should be hired for drafting stronger claims, thus increasing chances of grant. |
Pay Maintenance Fees on Time | Don’t Ignore Objections or Opposition | Always pay your patent maintenance fees on time and keep track of deadlines with reminders or a calendar. |
How DigiLawyer Can Help you with Patent Registration
Patent Check: First, we check your invention to ensure its new and hasn’t been patented yet. This saves you time and money by making sure your idea has a good chance of being approved.
Research about all similar Patents: Our team checks global patent records and technical articles to find anything similar to your invention. This research helps us refine your patent claims and avoid issues later.
Draft your patent specifications: We create a clear, complete description of your invention and write strong "claims" to define what’s unique about it. We keep things simple, so the patent office understands why your idea is special.
Patent Application: No stress for you – we take care of uploading Form-1, Form-2, and all required documents to the Patent Office. You’ll get confirmation once your application is officially submitted.
Responding to Objections: If the patent office has questions or objections, we prepare and submit detailed responses for you. We keep the process moving forward so you don’t have to worry about legal jargon or deadlines.
We Watch Your Deadlines: We keep track of all important dates, like publication, examination reports, and annual fees. We send reminders and handle filings, ensuring your patent stays valid for the full 20 years.
Business Support: Once your patent is granted, we help with licensing, partnerships, or selling your rights. Our goal is to turn your patent into a valuable asset that can earn you extra income.
Post Registration Compliance with DigiLawyer
At DigiLawyer, we help you manage all these "post-registration compliances" smoothly.
Renewal and Maintenance: You must pay renewal (maintenance) fees every year to keep your patent valid. If you miss a payment, your patent can lapse. DigiLawyer reminds you before deadlines and helps you complete the renewal process on time.
Monitoring for Infringement: We help you monitor if someone is using your patented invention without permission. If infringement happens, we guide you on sending legal notices or taking action.
Post-Grant Amendments and Record Updates: If you change your address, ownership, or make any updates related to the patent, it must be officially recorded. DigiLawyer handles these updates (called "post-grant amendments") for you.
Assignment and Licensing Support: If you want to sell (assign) or license your patent to others, DigiLawyer prepares the required agreements and ensures everything is legally registered.
Record Keeping: We help maintain organized records of all official documents related to your patent, which is important for enforcement or future transactions.
FAQs Related to Patent Registration
No, you cannot patent a mere idea. Your invention must be a novel, inventive, and industrially applicable product or process to qualify for patent protection.
You can file online through the Indian Patent Advanced Search System (InPASS) at the IP India website. You need to submit the complete specification, claims, abstract, drawings (if any), and pay the prescribed fees.
Yes, you can request expedited examination if you qualify under categories such as startups, individuals, or if your invention relates to the environment or pharmaceuticals.
A provisional application allows you to secure an early filing date with a basic description of the invention. You must file the complete specification within 12 months to proceed.
For individuals and startups, the fees are lower (starting around ₹1,600 for filing), while companies pay higher fees (₹8,000+). Additional costs include professional fees if you hire a patent agent or attorney.
No, pure software or a mobile app is not patentable in India. However, you may be able to patent certain technical features of the app (such as a unique algorithm or process). Additionally, the app’s UI or designs may qualify for copyright or design registration instead.
The full process can take 2 to 3 years or more, depending on complexity and examination timelines. However, you can request an expedited examination under certain conditions.
If you have published, displayed, or shared your invention publicly before filing the patent, you may lose your eligibility, which can lead to rejection. Indian patent law allows a limited grace period in some academic cases, but the best practice is to file first and disclose later.
You can search existing patents on the IP India Patent Search Portal or use third-party databases to verify if your invention is novel.
Yes you can do, but it is advisable to consult a patent lawyer to enforce your rights through legal action like infringement suits as lawyer can use his authority to share better suits.
No. Patents are territorial; you must apply in each country where you seek protection. Filing under the PCT (Patent Cooperation Treaty) helps streamline this process globally.
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