Patent Law in India – A Complete Legal Guide

By RegistrationMART | 10+ Years of Expertise in Patent & IP Protection

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.

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, and 2005.

  • Territorial Rights: Applicable only within India.
  • Monopoly Rights: Exclusive commercial rights to the patentee.
  • Disclosure Requirement: Invention must be fully disclosed for public learning post-expiry.
  • Term of Protection: 20 years (with timely renewals).

Criteria for Patentability in India

  1. Novelty: The invention must be new and not part of prior art.
  2. Inventive Step: It must involve a technical advancement or economic significance.
  3. Industrial Applicability: It must be capable of being made or used in an industry.

💡 Tip by RegistrationMART: Conduct a patentability search before filing to avoid rejection and enhance your invention’s success rate.

What Cannot Be Patented in India

  • Discoveries of natural substances
  • Abstract theories or 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

  1. Provisional Application: Secures a priority date temporarily.
  2. Complete Specification: Detailed description; must follow within 12 months.
  3. Ordinary Application: Filed directly without priority claim.
  4. PCT International Application: For global protection via Patent Cooperation Treaty.
  5. PCT National Phase Application: Filed in India after PCT international stage.

Patent Filing Procedure in India

  1. Conduct a Patent Search – Check novelty and existing patents.
  2. Draft Specification – Prepare provisional or complete details.
  3. File with IPO – Online or offline submission.
  4. Publication – After 18 months from filing date.
  5. Request for Examination – Within 48 months.
  6. Examination & FER – Respond to IPO objections.
  7. Hearing – If required, present your case.
  8. Grant of Patent – Issued if compliant.
  9. Renewal – Pay annual fees from 3rd year onward.

📌 RegistrationMART Assistance: We guide you through every stage—from searches to drafting, filing, and renewals.

Rights of a Patentee

  • Exclusive right to make, use, sell, or import the invention
  • Right to license or assign the patent
  • Right to initiate infringement proceedings
  • Right to surrender or oppose invalid patents

Patent Infringement

Occurs when an unauthorized person uses a patented invention without consent.

Legal Remedies:

  • Injunction (temporary or permanent)
  • Damages or profits
  • Destruction of infringing goods

Defenses:

  • Invalidity of the patent
  • Non-infringement
  • Prior use
  • Experimental or educational use

Compulsory Licensing in India

Under Section 84, compulsory licenses may be granted 3 years post-grant if:

  • The invention is not affordable to the public.
  • It’s not being worked in India.
  • Public requirements are unmet.

⚖️ Example: Natco Pharma received a compulsory license for Bayer’s cancer drug Nexavar in 2012.

International Patent Filing

India’s membership in the Patent Cooperation Treaty (PCT) and Paris Convention enables inventors to secure global protection efficiently.

🌐 RegistrationMART offers filing support across USA, Europe, Japan, and more.

Common Mistakes to Avoid

  • Skipping patent search
  • Poor drafting
  • Delays in filing
  • Missing renewals
  • Ignoring international protection

Why Choose RegistrationMART?

  • 10+ years in patent & IPR services
  • Experienced patent agents, lawyers & technical experts
  • Transparent pricing & quick processing
  • End-to-end support from idea to enforcement
  • Trusted by 1000+ clients – startups, SMEs, and universities

Conclusion

The Indian patent regime is designed to reward innovation while ensuring public access. Understanding the essentials of patent law empowers inventors to safeguard their competitive edge. In an age of rapid technological growth, proactive patent protection is not optional—it’s strategic.

Whether you’re a solo innovator or a growing startup, RegistrationMART is your trusted partner for professional, end-to-end patent registration in India and abroad.