Kwatra Legal · Patent Registration

Patent Registration

What is Patent Registration in India?

A patent is a legal right granted by the government that offers exclusive protection for an invention for a limited duration[reference:0]. In India, patents are governed by the Patents Act, 1970 and administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM)[reference:1][reference:2]. A granted patent gives the inventor the exclusive right to prevent others from making, using, selling, or importing the patented product or process without authorization[reference:3].

Utility Patents

Protects new and useful inventions that offer a technical solution to a problem[reference:4].

Design Patents

Protects the aesthetic appearance of a product, not its functionality[reference:5].

Plant Patents

Protects new plant varieties under the Protection of Plant Varieties and Farmers' Rights Act[reference:6].

Patent of Addition

Protects improvements or modifications to an already filed or granted patent[reference:7].

Benefits

Why Should You Register Your Patent?

Registering a patent offers several important advantages to the patentee[reference:8].

Exclusive Rights

The patentee holds exclusive rights to make, use, sell, or license the patented invention for 20 years[reference:9].

Legal Protection

The patentee can take legal action against unauthorized use or infringement[reference:10].

Commercial Advantage

Patents provide a competitive edge by preventing others from copying, using, or profiting from the invention[reference:11].

Monetization Opportunities

A patent is an asset that can be licensed, assigned, or sold to generate revenue or attract investment[reference:12].

Competitive Edge

A patent turns your technical advantage into a commercial fortress, creating a market barrier[reference:13].

International Protection

Patent registration in India facilitates international patent protection under the PCT[reference:14].

Patentability

Is Your Invention Patentable?

To qualify for a patent in India, your invention must meet the strict "N.I.U" test[reference:15].

Novelty (New)

The invention must not have been published or used anywhere in the world before the filing date[reference:16]. Even your own blog post or exhibition can destroy novelty[reference:17]!

Inventive Step

Also known as "Non-Obviousness". The invention must involve a technical advancement that isn't obvious to a person skilled in that field[reference:18].

Industrial Use

The invention must be capable of being made or used in an industry[reference:19]. Abstract theories or mere artistic creations do not qualify[reference:20].

What Cannot Be Patented in India?

Under Sections 3 and 4 of the Indian Patents Act[reference:21]: Scientific principles or abstract theories | Business methods, algorithms, or computer programs per se | Methods of treatment for humans or animals | Plants, animals (excluding microorganisms), and biological processes | Traditional knowledge or natural substances without enhanced efficacy | Inventions against public order, morality, or natural laws | Inventions related to atomic energy[reference:22][reference:23]

Who Can Apply

Who Can Apply for a Patent in India?

The following individuals or entities are eligible to file a patent application in India[reference:24].

True & First Inventor

The original inventor, either individually or jointly with others[reference:25].

Assignee

A person or organization to whom the inventor has legally transferred the rights to apply[reference:26].

Legal Representative

A representative of a deceased inventor who was entitled to apply before their death[reference:27].

Documents Required

What Documents Are Required for Patent Registration?

Submitting the correct documents is essential for a smooth patent registration process[reference:28].

Document/Form	Description
Form 1 – Application for Patent	Contains your name, address, and title of the invention[reference:29].
Form 2 – Provisional or Complete Specification	A full technical description of the invention. Includes claims, abstract, and drawings if applicable[reference:30].
Form 3 – Statement and Undertaking (Section 8)	Information about related patent applications filed outside India[reference:31].
Form 5 – Declaration of Inventorship	States who the true and first inventors of the invention are[reference:32].
Power of Attorney (Form 26)	Required if the patent application is filed by a patent agent or attorney[reference:33].
Priority Documents	Certified copies of earlier applications if claiming priority under the PCT[reference:34].
Request for Early Publication (Form 9) – Optional	To hasten publication before the normal 18-month period[reference:35].
Request for Examination (Form 18)	Must be filed to trigger examination of the patent application[reference:36].
Drawings	Detailed schematics or diagrams illustrating the invention, if applicable[reference:37].

Process

Patent Registration Process in India

Follow these steps to successfully register your patent and secure your invention[reference:38].

1

Patentability Assessment

Assess whether your invention is eligible for patent protection. It must satisfy Novelty, Inventive Step, and Industrial Applicability[reference:39].

2

Draft the Patent Application

File either a Provisional Specification (if invention is still under development) or a Complete Specification (full disclosure including claims)[reference:40].

3

File the Application

File the application at the Indian Patent Office (Mumbai, Delhi, Kolkata, or Chennai) either physically or online via the IP India portal[reference:41].

4

Publication of Application

The application is automatically published in the Patent Journal after 18 months from the priority date[reference:42].

5

Request for Examination (RFE)

File Form 18 to request examination within 48 months from the priority date[reference:43].

6

Examination & FER Response

A Patent Examiner issues a First Examination Report (FER). Respond within 6 months, extendable by 3 months[reference:44].

7

Hearing (If Required)

If objections aren't resolved, a hearing may be scheduled. You can appear in person or through a registered patent agent[reference:45].

8

Grant of Patent

If all objections are overcome, the patent is granted. You receive the Patent Certificate and the patent is published in the Patent Journal[reference:46].

Cost & Timeline

How Much Does Patent Registration Cost?

The cost of patent registration includes government fees and professional charges[reference:47]. Startups and MSMEs get a massive 80% discount on Govt fees[reference:48].

Step / Form	Individuals / Startups / MSMEs	Large Entities
Filing Application (Form 1)	₹1,600[reference:49]	₹8,000[reference:50]
Early Publication (Form 9 – Optional)	₹2,500[reference:51]	₹12,500[reference:52]
Request for Examination (Form 18)	₹4,000[reference:53]	₹20,000[reference:54]
Expedited Examination (Form 18A)	₹8,000[reference:55]	₹40,000

Stage	Estimated Time
Provisional/Complete Filing	1–3 days
Publication	18 months (or 1 month with Early Publication)[reference:56]
Examination Request	Within 48 months of filing[reference:57]
Examination Report (FER)	6–12 months after request
Response to FER	6 months (extendable by 3 months)[reference:58]
Total	2–5 years

Professional drafting fees are separate. Contact us for an exact quote.

Validity

How Long Does Patent Protection Last?

The term of a patent in India is 20 years from the date of filing the patent application[reference:59][reference:60].

20-Year Term

The patent is valid for 20 years from the date of filing the patent application[reference:61]. This is in line with the TRIPS Agreement followed by most countries[reference:62].

Renewal & Maintenance

Patents are subject to renewal fees. A 10% discount is offered for advance electronic payments[reference:63]. Patentees must submit Form 27 every three financial years, detailing patent usage[reference:64].

Comparison

Patent vs Trademark vs Copyright

Understand the key differences between these three forms of intellectual property protection[reference:65].

Feature	Patent	Trademark	Copyright
Protects	Inventions, processes, technical innovations[reference:66]	Brand names, logos, slogans, sounds[reference:67]	Original creative works (literary, artistic, musical, dramatic)[reference:68]
Governing Law	Patents Act, 1970[reference:69]	Trade Marks Act, 1999[reference:70]	Copyright Act, 1957[reference:71]
Registration Body	Indian Patent Office[reference:72]	Controller General of Patents, Designs and Trade Marks[reference:73]	Copyright Office, DPIIT[reference:74]
Duration	20 years from filing date (non-renewable)[reference:75]	10 years (renewable indefinitely)[reference:76]	Author's lifetime + 60 years[reference:77]
Symbol	Patent number cited on product[reference:78]	™ (unregistered) / ® (registered)[reference:79]	©[reference:80]
Registration Required	Mandatory – no protection without grant[reference:81]	Not mandatory but strongly recommended[reference:82]	Automatic upon creation; registration optional[reference:83]
Government Fee	₹1,600–₹8,000[reference:84]	₹4,500–₹9,000 per class[reference:85]	₹500–₹5,000[reference:86]

Why Choose Us

Why Kwatra Legal for Patent Registration?

We provide complete support for patent registration, ensuring your inventions are protected with professional legal assistance.

Prior Art Search

Conduct global database searches (USPTO, EPO, WIPO, Indian Patent Office) to ensure your idea is truly unique[reference:87].

Expert Patent Drafting

Professional drafting of provisional and complete specifications with strong claims[reference:88].

End-to-End Support

Complete assistance from patentability assessment to grant and post-grant compliance.

Transparent Pricing

Clear, upfront pricing with no hidden charges or surprise fees.

Timely Filing

We ensure your application is filed correctly and within all statutory deadlines.

Legal Compliance

All filings in strict compliance with the Patents Act, 1970 and IP India guidelines.

FAQ

Frequently Asked Questions

Find answers to the most common questions about patent registration in India.

The term of a patent in India is 20 years from the date of filing the patent application[reference:89][reference:90].

Yes, the entire patent filing process can be done online through the IP India portal (ipindia.gov.in)[reference:91]. You can file applications, track status, pay fees, respond to office actions, and access prior art documents all digitally[reference:92].

A provisional specification can be filed if your invention is still under development. It secures a priority date and gives you 12 months to file the complete specification[reference:93]. A complete specification provides full disclosure including claims, abstract, and drawings[reference:94].

Government fees start at ₹1,600 for individuals/startups/MSMEs and ₹8,000 for large entities[reference:95]. Startups and MSMEs get an 80% discount on government fees[reference:96]. Professional drafting and filing fees are additional.

Section 3(k) of the Patents Act excludes "computer programs per se" from patentability[reference:97]. However, if a software-related invention produces a specific technical outcome, it may still be patentable[reference:98].

Patents are subject to renewal fees. A 10% discount is offered for advance electronic payments[reference:99]. If renewal fees are not paid, the patent may cease to have effect.

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