Procedure to Register a Patent in India: Step-by-Step Guide
🧾 Procedure to Register a Patent in India: Step-by-Step Guide
The registration of a patent in India involves a structured legal and technical process. Here's a point-wise breakdown of the steps involved under the Indian Patent Act, 1970:
🔹 1. Patentability Check
Before applying, ensure the invention:
Is novel, non-obvious, and industrially applicable
Falls under patentable subject matter (Sections 2 & 3 of the Act)
Is not listed under non-patentable inventions (e.g., scientific theories, abstract ideas, etc.)
✅ Example: A unique water purification device with industrial use is patentable.
🔹 2. Conduct a Patent Search
Conduct a prior art search through Indian Patent Database (https://ipindiaservices.gov.in/publicsearch) and international databases (WIPO, Espacenet).
Helps to determine if the invention is already known or disclosed.
🔍 Tip: This step saves time and cost by avoiding duplication.
🔹 3. Draft the Patent Application
Prepare the provisional or complete specification:
Provisional Specification (optional): Filed when invention is still under development.
Complete Specification: Must be filed within 12 months of the provisional application.
Contents include:
Title of invention
Field and background of invention
Summary and detailed description
Claims
Abstract
Drawings (if any)
✍️ A patent agent or professional can help draft effective claims.
🔹 4. File the Patent Application
Application is filed in Form 1, along with:
Form 2 (specification)
Form 3 (Statement of undertaking)
Form 5 (Declaration of inventorship)
Fees (can be paid online/offline)
Modes:
Online via IP India Website
Physically at any of the four Patent Offices (Delhi, Mumbai, Kolkata, Chennai)
📄 A unique patent number is generated upon submission.
🔹 5. Publication of Application
The application is published automatically after 18 months from the date of filing or priority.
Early publication request can be made using Form 9 by paying the prescribed fee.
📢 Early publication expedites the next steps.
🔹 6. Request for Examination (RFE)
Must file Form 18 within 48 months from the date of filing.
Application will not be examined unless RFE is filed.
Examiner checks for compliance with legal and technical standards.
🕵️ An Examination Report (FER) is issued within months.
🔹 7. Respond to Examination Report
Respond to First Examination Report (FER) within 6 months (extendable by 3 months).
Clarify objections raised—may involve amending claims or providing evidence.
🔄 Multiple rounds of hearings or submissions may occur.
🔹 8. Pre-Grant Opposition (Optional)
Any third party can file a pre-grant opposition after publication but before grant.
Grounds include lack of novelty, obviousness, wrongfully obtained invention, etc.
⚖️ Handled by the Controller through written or oral hearings.
🔹 9. Grant of Patent
If all objections are resolved and no valid opposition, Controller grants the patent.
Patent is published in the Patent Journal.
The patentee receives a certificate of grant.
🏆 Term of patent: 20 years from the filing date.
🔹 10. Post-Grant Compliance
Annual renewal fees (Form 24) must be paid from the 3rd year onwards to maintain the patent.
Failing to pay results in lapse of patent.
✅ Summary Checklist:
|
Step |
Form Used |
Key Action |
|
Patent Filing |
Form 1, 2, 3, 5 |
Submit documents & fees |
|
Early Publication |
Form 9 |
Speed up publication |
|
Request for Exam |
Form 18 |
Trigger the exam |
|
Renewal |
Form 24 |
Maintain the patent |
