Complete Process of Patent Registration in India

Securing a patent in India involves a structured process to protect your invention from unauthorized use.

Step-by-step guide to patent registration in India:

Step 1: Determine Patentability

Before filing, ensure your invention meets these criteria:

✅ Novelty – Must be new and not disclosed publicly before filing.

✅ Inventive Step – Should involve a technical advancement over existing knowledge.

✅ Industrial Applicability – Must be capable of being made or used in an industry.

Non-Patentable Inventions:

❌ Discoveries, scientific theories, mathematical methods

❌ Artistic works, schemes, or business methods

❌ Frivolous inventions or contrary to public order/morality

Step 2: Conduct a Patent Search

Before filing, check if a similar patent already exists. You can search:

🔍 Indian Patent Office Database ([ipindia.gov.in](https://ipindia.gov.in))

🔍 WIPO’s PATENTSCOPE ([patentscope.wipo.int](https://patentscope.wipo.int))

🔍 Google Patents ([patents.google.com](https://patents.google.com))

A professional patent search helps avoid rejection and strengthens your application.

Step 3: Draft a Patent Application

You need:

📄 Provisional Application (if invention is not fully developed) – Secures priority date.

📄 Complete Specification (detailed description within 12 months of provisional filing).

Key Contents:

✔ Title, abstract, and field of invention

✔ Background, problem statement, and solution

✔ Detailed description with drawings (if applicable)

✔ Claims (defining the scope of protection)

Note: Hiring a patent attorney ensures proper drafting and legal compliance.

Step 4: File the Patent Application

Submit online via IP India’s portal ([ipindiaonline.gov.in](https://ipindiaonline.gov.in)) or offline at patent offices (Delhi, Mumbai, Chennai, Kolkata).

Documents Required:

✔ Form 1 (Application for grant of patent)

✔ Form 2 (Provisional/Complete specification)

✔ Form 3 (Statement of foreign applications, if any)

✔ Form 5 (Declaration of inventorship)

✔ Form 26 (Power of attorney, if filed through an agent)

✔ Proof of right to file (if applicant is not the inventor)

✔ Fees (varies based on applicant type – individual, startup, or company)

Step 5: Publication of Application

🔹 After 18 months from filing (or priority date), the application is published in the Patent Journal.

🔹 Early Publication: Request via Form 9 (within 1 month of filing for faster processing).

Once published, the public can view the invention details.

Step 6: Request for Examination

🗓 File Form 18 within 48 months from the priority date (mandatory for examination).

🔍 A patent examiner reviews the application for compliance with patent laws.

Note: Expedited examination is available for startups and certain applicants.

- Step 7: Respond to Examination Report (FER)

The examiner may raise objections (First Examination Report – FER).

✅ File a response (with amendments/arguments) within 6 months (extendable by 3 months).

✅ Hearings may be conducted if objections persist.

Step 8: Grant of Patent

✔ If objections are resolved, the patent is granted.

✔ Published in the Patent Journal.

✔ Patent Certificate is issued.

Step 9: Renewal (Maintenance Fees)

💸 Annual renewal fees must be paid from the 3rd year onwards to keep the patent valid.

📅 Maximum patent term: 20 years from the filing date.

Patent Opposition (Pre & Post-Grant)

⚠ Pre-Grant Opposition: Any third party can oppose before grant (via Form 7).

⚠ Post-Grant Opposition: Can be filed within 1 year of grant.

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