A patent is a statutory intellectual-property right granted under the Patents Act, 1970 that lets the owner exclude others from making, using, selling, offering for sale, or importing an invention in India for a fixed term. In return, the inventor publicly discloses how the invention works, so the knowledge enters the public domain once protection lapses. Patents are administered by the Indian Patent Office (IPO) under the Controller General of Patents, Designs and Trade Marks, through the four branches at Delhi, Mumbai, Chennai and Kolkata.
What can be patented
An invention qualifies for a patent only if it clears three statutory tests:
- Novelty: it must be new and not disclosed anywhere in the world, in any form, before the priority date.
- Inventive step: it must involve a technical advance or economic significance that is not obvious to a person skilled in the art (Section 2(1)(ja)).
- Industrial applicability: it must be capable of being made or used in an industry.
Even a novel idea can be refused. Section 3 excludes categories such as mathematical and business methods, computer programmes "per se", mere discoveries of scientific principles, methods of agriculture or horticulture, and methods of medical treatment. Inventions relating to atomic energy are barred under Section 4.
Types of patent applications
- Ordinary application: filed directly in India, with a provisional or complete specification.
- Convention application: claims priority from a first filing in a Paris Convention country, filed in India within 12 months.
- PCT national phase: based on an international application, entered in India within 31 months of the priority date.
How the process works
The application is filed electronically on Form 1 with the specification on Form 2. A key change under the Patents (Amendment) Rules, 2024 is that for applications filed on or after 15 March 2024, the Request for Examination (Form 18) must be filed within 31 months of the priority date, down from the earlier 48 months. Startups, small entities, MSMEs, educational institutions and women applicants can seek faster processing through expedited examination on Form 18A.
| Stage | Form | Indicative timeline |
|---|---|---|
| Filing | Form 1 + Form 2 | Fixes the priority date |
| Publication | Auto (Form 9 for early) | 18 months from priority |
| Request for examination | Form 18 / 18A | Within 31 months of priority |
| First Examination Report | - | Issued after RFE |
| Response to objections | - | Within 6 months (extendable by 3) |
| Grant | - | After all objections are met |
Third parties may file a pre-grant opposition under Section 25(1) after publication, and a post-grant opposition under Section 25(2) within one year of grant.
Term, renewal and enforcement
A granted patent runs for 20 years from the filing date, regardless of when it is actually granted. To keep it alive, renewal (annuity) fees are payable from the 3rd year onwards under Section 53 read with Rule 80, with each year's fee due before the previous year ends. A six-month grace period is available on payment of a surcharge, and paying at least four years in advance electronically earns a 10% discount. A lapsed patent may be restored within 18 months of lapse. Once the patent expires or lapses, anyone is free to work the invention.
Common mistakes to avoid
- Public disclosure before filing: presenting or selling the invention before filing usually destroys novelty. File first, publish later.
- Missing the examination window: if Form 18 is not filed in time, the application is treated as withdrawn and cannot be revived.
- Ignoring Section 8: corresponding foreign filings must be disclosed to the Controller, and non-compliance can invalidate the patent.
- Letting renewals lapse: track annuity dates carefully, as protection ends the moment fees go unpaid beyond the grace period.