Patent services in India.
Drafting, filing, prosecution and enforcement of patent rights across India and internationally via the Patent Cooperation Treaty — from patentability assessment to grant and renewal.
A comprehensive guide to patent protection in India
Everything you need to know about filing and protecting patents in India — from eligibility and application types to prosecution timelines, renewal and the patent offices with territorial jurisdiction.
A patent is an exclusive right granted to an inventor for an invention — a product or process that provides a new way of doing something, or offers a new technical solution to a problem. In India, patents are governed by the Patents Act, 1970 (as amended).
- Discoveries, scientific theories and mathematical methods
- Mere discovery of a new form of a known substance which does not result in enhanced efficacy (§3(d))
- Methods of agriculture or horticulture
- Methods of treatment of human beings or animals
- Plants and animals (other than micro-organisms)
- Computer programs per se, business methods, mathematical methods, algorithms
- Literary, dramatic, musical, artistic works or other aesthetic creations
- Traditional knowledge and aggregation of known properties
Can be filed with or before the filing of the complete specification (within 3 months from filing), and does not need to be notarised. Assignment / transfer deeds require attestation by two witnesses.
PCT National Phase Applications in India must be filed within 31 months from the PCT priority date. This deadline is strict and cannot be extended.
Every patent granted in India has a term of 20 years from the date of filing of the patent application. For PCT applications, the term is 20 years from the international filing date.
To keep the patent in force, renewal fees must be paid annually. Renewal fees are due from the 3rd year onwards and can be paid in advance for up to 2 years. A grace period of 6 months is available for late payment with surcharge. Failure to pay renewal fees results in lapse of the patent.
India has four patent offices under the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM):
| Office | Jurisdiction |
|---|---|
| Kolkata (Head Office) | West Bengal, Andaman & Nicobar Islands, Sikkim, Bihar, Jharkhand, Odisha |
| Delhi | Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, UT of Chandigarh, Delhi, Ladakh |
| Chennai | Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Goa & UTs |
| Mumbai | Maharashtra, Gujarat, Madhya Pradesh, Chhattisgarh |
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