Protect Your Inventions with Patent Registration

Under the Patents Act, 1970, an invention is patentable if it is: 1) A new product or process, 2) Involves an inventive step, 3) Capable of industrial application. Examples of patentable inventions: New mechanical devices and machines, Chemical compounds and pharmaceutical formulations, Industrial processes and manufacturing methods, Biotechnology inventions, Computer-related inventions with technical contribution. What CANNOT be patented: An invention which is frivolous or contrary to public order, Mere discovery of scientific principle or abstract theory, Mere discovery of new form of known substance (unless enhanced efficacy), Mere admixture resulting only in aggregation of properties, Mere arrangement or re-arrangement of known devices, Method of agriculture or horticulture, Medical treatment/diagnostic methods, Plants and animals (except microorganisms), Mathematical or business methods, Computer programs per se, Literary/dramatic/musical/artistic works, Topography of integrated circuits, Traditional knowledge.

Three main criteria must be satisfied: 1) Novelty (New): Invention must not have been published anywhere in the world before the priority date. This includes patents, publications, public use, public knowledge. Absolute novelty standard applies in India. 2) Inventive Step (Non-obvious): Invention must involve technical advancement or economic significance. Should not be obvious to a person skilled in the art. Mere workshop improvement or simple substitution is not inventive. 3) Industrial Applicability (Useful): Invention must be capable of being made or used in an industry. Must have some practical utility. Merely theoretical or speculative inventions not patentable. All three criteria are examined by the Patent Office during substantive examination.

Provisional Specification: Filed to secure early priority date, Contains general description of invention, Claims are not required, Valid for 12 months only, Must be followed by complete specification, Lower government fees, Useful when invention is still being developed. Complete Specification: Full and detailed description of invention, Must include claims defining scope of protection, Must enable person skilled in the art to perform invention, Must disclose best mode known to applicant, Can be filed directly (without provisional) or within 12 months of provisional, Higher government fees. Strategy: File provisional if you need priority date urgently while still developing the invention. File complete specification within 12 months to maintain priority.

Patent protection in India lasts for 20 years from the date of filing of the patent application (or priority date in case of convention applications). Important aspects: Non-extendable: Unlike some countries, India does not allow patent term extension, Renewal fees: Must be paid annually starting from the 3rd year to keep patent in force, Lapse: Patent lapses if renewal fees not paid, Restoration: Lapsed patents can be restored within 18 months with additional fees, Term calculation: 20 years is counted from filing date, not grant date. For example: If you file on January 1, 2024, patent expires on January 1, 2044. Even if granted in 2027, term is still until 2044.

Government fees for patent filing (eFiling rates): Natural person/Startup/Small Entity: Filing: ₹1,600 (provisional) / ₹1,750 (complete) / ₹4,000 (convention), Early publication: ₹2,500, Request for examination: ₹4,000, Expedited examination: ₹8,000, For others (companies): Approximately 4x these rates. Our professional service fees: Provisional Application: ₹24,999, Complete Specification: ₹49,999 (includes provisional), Full Prosecution: ₹99,999 (includes search, drafting, filing, first 2 FER responses). Additional costs during prosecution: FER responses (if beyond included), Hearing charges, Amendments, Annual renewals (from 3rd year). Note: Government fees are non-refundable. Professional fees may be partially refundable depending on stage of work.

Computer programs per se are not patentable in India under Section 3(k) of the Patents Act. However, software-related inventions may be patentable if they: Have technical effect or technical advancement, Produce a tangible result (not just data processing), Involve hardware interaction, Solve a technical problem. Examples potentially patentable: Software controlling industrial process, Embedded software in devices, Software-implemented medical devices, Network security systems, AI/ML with specific technical application. Not patentable: Business methods implemented on computer, Mathematical algorithms, Data processing without technical effect, General purpose software. Strategy: Draft claims focusing on technical contribution and hardware interaction rather than the algorithm itself.

PCT (Patent Cooperation Treaty) is an international treaty with 150+ contracting states including India. Benefits of PCT filing: Single international application, File once in one language, One set of fees, Designate multiple countries, Defer national phase entry for 30/31 months, International Search Report (ISR) provides prior art analysis, International Preliminary Examination (optional). Process: 1) File PCT application (can claim priority from earlier filing), 2) International Search and written opinion, 3) International publication, 4) Enter national phase in desired countries within 30/31 months, 5) Each national office examines according to local law. India: File PCT application with Indian Patent Office (receiving office) or directly with WIPO.

Documents for patent filing: 1) Form 1 (Application for Grant of Patent): Details of applicant, inventors, title, 2) Form 2 (Provisional/Complete Specification): Detailed description, claims, abstract, drawings, 3) Form 3 (Statement and Undertaking): Foreign filing details, 4) Form 5 (Declaration as to Inventorship): Required if applicant is not inventor, 5) Form 26 (Power of Attorney): If filed through patent agent, 6) Proof of Right: Assignment from inventor to applicant, 7) Priority documents: If claiming convention priority, 8) Drawings: Technical drawings with reference numerals, 9) Abstract: Summary of invention (150 words max), 10) Fees: Government fees based on applicant type. All forms must be properly signed and dated.

The First Examination Report (FER) is a detailed report issued by the Patent Office after substantive examination of the patent application. It contains: Prior art references found, Analysis of novelty, inventive step, industrial applicability, Objections under various sections of Patents Act, Formal objections (if any), Requirement for amendments. Timeline: Typically issued 6-18 months after requesting examination. Response: Must be filed within 6 months (extendable by 3 months), Address each objection with arguments, Amend claims/specification if needed, Provide evidence if required. Multiple FERs may be issued. Our Full Prosecution package includes response to first 2 FERs.

Patent infringement occurs when someone without authorization makes, uses, sells, offers for sale, or imports the patented invention in India. Types of infringement: Direct infringement - Making/using/selling patented product/process, Contributory infringement - Supplying components for infringement, Indirect infringement - Inducing others to infringe. Enforcement options: 1) Cease and desist notice, 2) Civil suit for injunction and damages, 3) Criminal complaint (for false marking), 4) Border enforcement (customs notification), 5) Licensing as alternative. Remedies: Interim/permanent injunction, Damages or account of profits, Seizure and destruction of infringing goods. Important: Patent must be granted to enforce (cannot sue during pending application).

You can file a patent application yourself - there is no legal requirement to use a patent agent. However, using a registered patent agent is highly recommended because: Technical expertise: Proper claim drafting is critical - poorly drafted claims may be easily circumvented, Legal knowledge: Understanding of patent law, procedures, and strategies, Search capability: Comprehensive novelty searches, Prosecution skill: Responding to objections effectively, Cost savings: Better chance of grant with proper drafting. Only registered patent agents can practice before the Patent Office (except the applicant themselves). Our patent agents are registered with the Indian Patent Office and have extensive experience in various technology domains.

Compulsory licensing allows third parties to use a patented invention without the patent owner's consent under specific circumstances under Chapter XVI of Patents Act. Grounds for compulsory license: Reasonable requirements of public not satisfied, Patented invention not available at reasonably affordable price, Patented invention not worked in India (local working requirement). Process: Application to Controller of Patents, Hearing with patent owner, Order granting/refusing license, Terms: royalty, scope, duration. Export compulsory license: For exporting pharmaceuticals to countries with insufficient manufacturing capacity. Government use: Central government can use patents for public purposes. Note: Compulsory licenses are rare in practice and granted only after thorough examination.