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Patent Registration in India

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Patent Registration at a Glance

A patent is an exclusive set of rights granted by the authority to the applicant of an invention for a period of 20 years under the Patent Act in India. It is a legal document that provides an inventor with the exclusive right to make, use, and sell an invention for a specified number of years.

What is Patentable?

    To qualify for a patent, an invention must meet three basic criteria:

  • 1. Novelty: The invention must be new and not previously existing.
  • 2. Non-Obviousness: The invention must represent a significant improvement over existing technology. Simple modifications to known devices do not qualify as a patentable invention.
  • 3. Usefulness: The invention must be useful, meaning that patents will not be granted for inventions intended for illegal or immoral purposes.

Advantages of Patent Registration in India

Protection for Inventions, Ideas, and Concepts

A patent is an intellectual property that safeguards your invention, preventing others from using it without your permission. Ideas and concepts are also eligible for patent protection.

Right Preference for the First Applicant

The initial step of patent registration, known as patent filing (Provisional Application), ensures that no other person can claim the same invention for 12 months. Within this period, a non-provisional application with complete claims and description must be filed. If someone attempts to claim the invention during this time, their request will be rejected.

Exclusive Access

Patent holders receive exclusive rights for 20 years, granting them an absolute monopoly over the product or process for the duration of the patent.

Earning Royalties

Patent rights can be licensed to other companies, allowing the patent holder to receive royalty payments.

Selling or Transferring Rights

Patent rights can be sold or transferred to others in exchange for fair consideration.

Business Growth

Patented innovations can be leveraged to grow and expand your business.

Intangible Asset

A patent is considered an intangible asset in accounting, similar to other fixed assets. Its value in the books is recorded using either the Cost Model or the Revaluation Model. For more details on valuation, refer to Accounting Standard 26 issued by ICAI.

Documents Requirement for Patent Registration in India

Send your Requirement here

Patent Registration Process in India

01
Patentability Search: Conduct a comprehensive search to ensure that the invention meets the criteria of novelty, non-obviousness, and utility.
03
Drafting the Patent Application: Prepare a detailed patent application including a description, claims, drawings (if applicable), and abstract, adhering to the guidelines set by the Indian Patent Office.
05
Filing the Patent Application: Submit the patent application to the Indian Patent Office either online or through physical submission, along with the prescribed fees.
07
Publication of the Application: The patent application is published in the official journal after 18 months from the date of filing or priority date, whichever is earlier
02
Examination Request: File a request for examination within 48 months from the priority date or filing date, accompanied by the necessary fees.
04
Examination by the Patent Office: The patent application undergoes examination by the Patent Office to assess its novelty, inventive step, and industrial applicability.
06
Response to Examination Report: Address any objections raised by the Patent Office through a response, providing arguments and amendments if necessary.
08
Grant of Patent: Upon successful examination and fulfillment of all requirements, the Patent Office grants the patent, providing exclusive rights to the inventor for a period of 20 years from the filing date.
08
Renewal: Maintain the patent by paying renewal fees periodically as prescribed by the Indian Patent Office
08
Enforcement: Protect the patented invention by enforcing the exclusive rights against infringement through legal means if necessary.

What types of inventions are not patentable in India?

01
Inventions Contrary to Law: Inventions that are contrary to law or morality, or are deemed harmful to public health, are not patentable. This includes inventions intended for illegal or unethical purposes
03
Mere Discoveries or Theories: Discoveries of existing substances, scientific principles, or abstract theories are not considered patentable inventions. While applications of these discoveries may be patentable, the discoveries themselves are not.
05
Methods of Agriculture or Horticulture: Methods of agricultural or horticultural processes, such as methods of cultivation or breeding of plants and animals, are not patentable in India. However, products resulting from these processes may be patentable.
07
Mathematical or Business Methods: Purely mathematical or business methods, schemes, rules, or algorithms are not considered patentable inventions. However, inventions that include a technical advancement or application may be eligible for patent protection.
02
Computer Programs per se: Computer programs per se, without any technical effect or advancement, are not patentable. However, inventions involving technical advancements implemented through computer programs may be eligible for patent protection.
04
Presentation of Information: Presentation of information, literary, dramatic, musical, or artistic works, or any aesthetic creations are not considered patentable inventions. These are typically protected under copyright or related rights
06
Methods of Treatment or Surgery: Methods of medical treatment or surgery, including diagnostic methods practiced on humans or animals, are not patentable. However, inventions related to medical devices or pharmaceutical compositions may be patentable.
08
Traditionally Known Substances: Substances occurring naturally and traditionally known are not patentable unless they exhibit enhanced efficacy or properties due to inventive steps or processes.

Company Registration Procedure in India

1
Acquire a Digital Signature Certificate (DSC)
2
DSC apply
3
Incorporation Filing
4
Company Approved

Features of a Private Limited Company (PLC)

Why choose Effects India Corporate Professional's service?
  • A.Effects India Corporate Professional's service offers comprehensive support and expertise in corporate matters, ensuring smooth and compliant operations for businesses. Their adept professionals guide clients through various legal and regulatory requirements, offering tailored solutions to meet specific needs, thereby providing peace of mind and facilitating business growth.
Does Effects India Patent Professional operate nationwide for Patent Registration?
  • A.Yes, Effects India Patent Professional operates nationwide for Patent Registration, providing its services across India.
How long does it take to file a Patent Application?
  • A.The time taken to file a Patent Application can vary depending on factors such as the complexity of the invention and the efficiency of the patent filing process. Generally, it may take several weeks to several months to complete the filing process.
Does an Indian Patent provide worldwide protection?
  • A.No, an Indian Patent provides protection only within the territory of India. To obtain protection in other countries, separate patent applications must be filed in each desired jurisdiction
What types of inventions can be patented?
  • A.Inventions that are novel, non-obvious, and industrially applicable can typically be patented. These inventions can include products, processes, compositions of matter, machines, or improvements thereof.
What are the criteria for patentability?
  • A.The criteria for patentability generally include novelty, inventive step (non-obviousness), and industrial applicability. The invention must also not fall under excluded subject matter such as mathematical methods, business methods, or mere discoveries.
When is the ideal time to file a patent application?
  • A.The ideal time to file a patent application is before any public disclosure or publication of the invention. Filing at the earliest opportunity helps protect the novelty of the invention and avoids potential loss of rights.
Can an invention be patented after public display or publication?
  • A.In many jurisdictions, including India, public display or publication of an invention before filing a patent application can significantly impact patentability. However, certain countries may offer limited grace periods or other provisions. It's advisable to consult with a patent professional for guidance specific to the jurisdiction.
Does the Patent Office keep invention information confidential?
  • A.Yes, patent offices typically maintain confidentiality regarding invention information during the patent application process. However, once a patent is granted, the details of the invention become publicly available.
Is it necessary to visit the Indian Patent Office for patent application transactions?
  • A.No, it is not necessary to visit the Indian Patent Office for patent application transactions. Many patentrelated tasks can be accomplished electronically or through authorized representatives, reducing the need for physical visits.

Our Service Coverage

After Company incorporation, you will receive below documents

  • Company Certificate of Incorporation
  • Memorandum of Association & Article of Association (MOA & AOA)
  • PAN Card and TAN Allotment
  • EPF & ESI Registration
  • Digital Signatures (Class 2)
  • Directors Identification Number (DIN)
  • Assist in Bank A/c Opening
  • Professional Tax Registration (in Maharashtra Only)
  • GST Registration (Optional)
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Navneet K Arora & Co LLP

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