Applying for a patent in India can at first be daunting, but it is compulsory if you want to protect your creations. If you are an inventor, a start-up, an MSME, or a big business, this easy-to-understand guide will provide you with basics on how to register a patent in India along with approximate cost and time and documents required. In the end, you will understand how to go about the IPO in India to get your innovation protected.
What is a Patent?
A patent is a legal permission that you get from a government to exclusively make, use, sell, and import your invention for 20 years. They protect you from other people using, selling, or even imitating your idea without your knowledge. It may be a way, through which one acquires a competitive advantage and also adds value to their invention.
How to File a Patent in India: Step-by-Step Guide
Here’s how the process works:
1. Check If Your Idea Can Be Patented (Patent Search)
Before starting the filing process, check if your invention is:
• New: It has not been created or produced to the public before.
• Unique: What is not apparent to professionals in the same discipline.
• Useful: It has a practical use or is used in industries.
A keyword search can be made using the online database of the Indian Patent Office or one can employ the service of a patent professional for a much more refined search.
💡 Tip for Start-ups and MSMEs: Do not omit this step, it is cost and time-effective since it helps find out whether the idea is patentable or not. Also, keep in mind to avoid these silly mistakes while drafting a patent in India.
🕛 Time Needed: 1–2 weeks
2. Prepare Your Patent Application
After clearing the patent search, the next procedure is to develop an elaborate patent application out of the idea. It includes:
• Title: What name you have given to your invention.
• Abstract: A short description of your invention.
• Detailed Description: The process by which your invention operates is explained simply.
• Claims: Why your invention should be patented rather than any other invention.
• Drawings/Diagrams: If it becomes necessary, provide a sketch that will help users understand the course more efficiently.
You can file:
• Provisional Application: This helps if your invention is still under development; it books your filing date.
• Complete Application: If it’s fully developed, your invention can be plenty of things: a business, a product, or the future.
📝 Documents Needed:
• Form 1: Patent application.
• Form 2: There are two types of specification: the provisional specification and the complete specification.
• Form 5: Declaration of Inventorship.
• Diagrams or drawings, if any are produced in the course of writing the paper.
• MSME Certificate/DPIIT Certificate (If you are a start-up else an MSME to avail fee concessions).
• Form 26: Signed Power of Attorney.
🕛 Time to Prepare: 2–4 weeks
3. File the Patent Application
You can e-file your application through the Indian Patent Office website or you can file manually by submitting to the IPO. Submit all the required papers and the requisite fees.
💡 For Startups & MSMEs: Do not forget to enclose your certificates to enable you to be charged the scaled rates.
🕛 Time: 1–2 days
4. Wait for Examination
When filing, the application has to undergo some essential legal formalities with the IPO before it is processed. This is referred to as the examination stage. In a rush, you can get an express examination which is quite suitable if you are a start-up.
🕛 Time: 12–24 months
5. Respond to Objections
In the examination process, the Indian Patent Office (IPO) can raise objections based on originality, clarity, or claims on your invention. The objections will be specified in the First Examination Report (FER). You are supposed to overcome the objections raised by responding, clarifying, modifying, or elaborating your claims within the stipulated time frame as the applicant.
If the objections are not resolved through written responses, the IPO may schedule a hearing to discuss and address any unresolved issues directly. In the hearing, you or your patent agent must present arguments and evidence to support your case.
💡Tip for Individuals, Start-ups, and MSMEs: Hire a patent expert to prepare clear, concise responses and represent you during the hearing. This minimizes the risk of errors and improves your chances of a successful outcome.
Steps to Handle Objections and Hearing:
1.Review the Examination Report: Analyze the objections raised in the FER.
2.Objections: Present detailed explanations of the objections, and, if appropriate, modify the claims or specifications.
3.File Objections: File your objections within the period specified (usually 6 months after receiving the FER).
4.Request for Hearing (if objections continue): The IPO will send you a notice of the hearing date if the objections are not resolved.
5.Appearing at the Hearing: Bring your case through your patent agent/attorney before the patent office.
🕛 To Respond Time: 6 months from receipt of the first FER; extensions are available based on appropriate circumstances.
You thus outline the novelty and worth of your innovation by meeting objections and appearing at hearings, which can lead to the granting of the patent.
6. Patent Grant
If the application meets the IPO requirement, the IPO will then award the patent and the publication of the same in the Patent Journal. You will have an official certificate.
💡 For Startups and MSMEs: Take into account the granted patent as a means of securing advantages against investors or improving the position of your company.
🕛 Time: Within 1 year of responding to objections.
7. Maintain Your Patent
If you’re awarded one, you will have to pay an annual maintenance fee for the patent to remain in force. Inadequate fulfilment of the financial requirements automatically leads to the expiration of your patent.
💡 Tip: All patents can be opposed within one year from their grant so watch out for any oppositions.
🕛 Timeline: Maintenance begins from the 3rd year onwards
How Much Does It Cost to File a Patent in India?
Here’s a quick look at the fee structure:
Applicant | Provisional/Complete Patent Application | Publication Fees | Normal Examination Fees | Expedited Examination Fees |
|
Individual/Start-up/MSME | 1600 | 2500 | 4000 | 8000 | |
Large company | 8000 | 12500 | 20000 | 60000 |
|
💡 Start-ups: Submit your DPIIT Certificate to qualify for the discounted rates.
💡 MSMEs: Submit your MSME Certificate to qualify for the discounted rates.
Patent Filing Timeline in India
Step | Time Needed |
Patent Search | 1–2 weeks |
Prepare Application | 2–4 weeks |
File Application | 1–2 days |
Examination | 12–24 months |
Respond to Objections | 6 months |
Patent Grant | 2–4 years |
Renewals | Yearly (from 3rd year onwards) |
Why Filing a Patent is Important
For Startups, MSMEs and large companies, patents have the ability to attract investors and proven to reduce competition. They enhance your business credibility and give your innovations a legal shield. They are actually considered as the strategic tools of market dominance and can pose of great value at times.
FAQs About Patent Filing in India
1.What is the price that comes with filing a patent application in India?
Filing fees range from ₹ 1600 for startups, micro and small trading businesses, and individuals and ₹8000 for large companies. It emerges that large companies are charged relatively high amounts for consulting services.
2.Can I file a provisional invention now and then continue working on refining it?
Indeed, one can file the provisional application to preserve the date of filing and then submit a subsequent application.
3.What is the time required to get a patent?
Average time is between 2 to 4 years, they vary with the complexity of the IPO workload involved.
⦿ Conclusion
Securing a patent in India is a strategic step to safeguard your invention and unlock its full potential. With a clear understanding of the process, associated costs, and required documentation, you can confidently navigate the journey. If you feel uncertain at any stage, seeking guidance from a patent professional can greatly enhance your chances of success. Stay informed by visiting the official website of the Indian Patent Office for the latest updates and guidelines!
Turn Your Ideas into Assets with Intellect Bastion!
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About the Author
Swaroopa Saxena is a Patent Associate at Intellect Bastion, specializing in Intellectual Property rights. With a strong foundation in biotechnology, she is passionate about helping innovators protect their ideas and navigate the complexities of patent filing and prosecution. Their expertise bridges science and law, empowering clients to maximize the value of their innovations.
