Introduction
In the modern innovation-driven economy, intellectual property rights (IPRs) play a crucial role in protecting and encouraging creativity and invention. Among all IPRs, patents hold a pivotal position as they safeguard inventions and technological advancements.
In India, patent law is governed by a robust legal framework aimed at promoting innovation while balancing public interest. For inventors, startups, researchers, and businesses looking to protect their intellectual output, understanding the fundamentals of patent law in India is essential.
With over 10 years of professional experience, RegistrationMART has assisted hundreds of clients in navigating the complex landscape of Indian patent law. This comprehensive guide explains everything you need to know—from the legal definition of a patent to the filing process, rights of patentees, and common challenges.
What is a Patent?
A patent is an exclusive legal right granted to the inventor of a new, useful, and non-obvious invention. It allows the inventor to prevent others from making, using, selling, or importing the invention without their consent for a specific period, typically 20 years from the date of filing.
Governing Law: The Indian patent system is regulated under the Patents Act, 1970, as amended by the Patents (Amendment) Acts of 1999, 2002, 2005, and subsequent rules.
Key Features of a Patent
- Territorial Rights: A patent granted in India is applicable only within the territory of India.
- Monopoly Rights: The patent holder enjoys exclusive commercial rights.
- Disclosure Requirement: The invention must be disclosed in full, enabling others to learn from it after the term ends.
- Term of Protection: 20 years (subject to timely renewals).
Criteria for Patentability in India
Under Section 2(1)(j) of the Patents Act, 1970, an invention must satisfy the following three essential criteria:
- Novelty – The invention must be new and not part of prior art.
- Inventive Step – It must involve technical advancement or economic significance.
- Industrial Applicability – It must be capable of being made or used in industry.
Tip by RegistrationMART: Conduct a patentability search before filing to avoid rejection and optimize your invention’s chances.
What Cannot Be Patented in India
The Act explicitly mentions non-patentable inventions under Section 3 and 4, including:
- Discoveries of natural substances
- Abstract theories, mathematical models
- Methods of agriculture or horticulture
- Traditional knowledge
- Inventions contrary to public order or morality
- Computer programs per se
- Medical, surgical, and therapeutic methods
Types of Patent Applications
- Provisional Application – A temporary application filed to secure a priority date.
- Complete Specification – Contains full details of the invention. Must be filed within 12 months of the provisional.
- Ordinary Application – Filed directly without claiming any priority.
- PCT International Application – For protection in multiple countries under the Patent Cooperation Treaty.
- PCT National Phase Application – Filed in India after the PCT international stage.
Patent Filing Procedure in India
Step-by-Step Guide
- Patent Search – Identify existing patents and assess novelty.
- Drafting of Patent Specification – Provisional or complete.
- Filing with the Indian Patent Office (IPO) – Electronically or physically.
- Publication – Application is published after 18 months from filing.
- Request for Examination (RFE) – Must be filed within 48 months.
- Examination and FER – Objections raised by IPO.
- Reply and Hearing – Applicant responds to FER; hearings may be scheduled.
- Grant of Patent – If found eligible, patent is granted and published.
- Renewal – Annual renewal fees to be paid starting from the 3rd year.
📌 RegistrationMART Assistance: We help in every stage—from patent searches to drafting, filing, and post-grant maintenance.
Rights of a Patentee
- Exclusive right to manufacture, use, sell, or import the invention
- Right to assign or license the patent to others
- Right to initiate legal proceedings against infringement
- Right to surrender or oppose invalid patents
Patent Infringement
Patent infringement occurs when an unauthorized person makes, uses, sells, or imports a patented invention. Legal remedies include:
- Injunction (temporary or permanent)
- Damages or account of profits
- Delivery of infringing goods for destruction
Defenses Against Infringement
- Invalidity of the patent
- Non-infringement
- Prior use or knowledge
- Experimental or academic use
Compulsory Licensing in India
Under Section 84, compulsory licenses can be granted after 3 years of the patent grant, if:
- The invention is not reasonably affordable to the public
- It is not being worked in India
- Reasonable requirements of the public are not being met
Example: Natco Pharma was granted a compulsory license for Bayer’s cancer drug Nexavar in 2012.
International Patent Filing
India is a member of the Patent Cooperation Treaty (PCT) and the Paris Convention. Through these, inventors can seek protection in multiple countries via:
- PCT International Application
- Direct filing in each country claiming priority from India
RegistrationMART offers international patent filing support in USA, Europe, Japan, Australia, and more.
Common Mistakes to Avoid
- Not conducting a patent search
- Poorly drafted specification
- Delay in filing
- Missing renewal deadlines
- Filing only in India for a global invention
Why Choose RegistrationMART?
- 10+ years of experience in patent and IPR services
- Dedicated team of patent agents, lawyers, and technical experts
- Transparent pricing and quick turnaround
- End-to-end support from idea to enforcement
- Already trusted by 1000+ clients including startups, SMEs, scientists, and universities
Conclusion
The Indian patent regime is designed to incentivize innovation while ensuring access and affordability. Understanding the essentials of patent law helps innovators make informed decisions and secure their competitive edge.
With changing business environments and legal developments, proactive patent protection is not just advisable — it’s essential.
Whether you are a solo inventor or a funded startup, RegistrationMART is your trusted legal and technical partner in the patent journey.
