Patent Registration in India: Documents Required

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Date: 14 June 2023

Patent Registration in India: Documents Required

As an inventor, it is essential to safeguard your invention by registering it with the patent office. In India, specific documents are necessary for the registration process. The crucial document is the patent specification, which comprehensively describes your invention and its functioning. Additionally, you must submit information about yourself, your company, and evidence of prior art related to your invention. This blog post will outline the required documents for patent registration in India. Continue reading to acquire more information!

Patent Registration Process in India

In India, the Patents Office, which operates under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, is responsible for granting patents. The legal framework for patent granting is outlined in the Patents Act of 1970, which has undergone multiple amendments, the latest being in 2005. The procedural provisions for patent registration in India are specified in the Patent Rules 2003.

The fundamental steps involved in filing a patent application in India are as follows:

  • Prior art search: Conduct a search to identify prior art that may anticipate the invention.
  • Application preparation: Preparing the patent application, which includes a detailed description of the invention, one or more claims defining the scope of protection, and an abstract summarizing the invention.
  • Application Filing: Submitting the application to the Patents Office along with the required fees.
  • Examination: The application undergoes examination to assess compliance with formal requirements and to determine novelty , inventiveness, and non-obviousness.
  • Publication: If the application meets the criteria, it is published in the Patents Office Journal.
  • Grant of Patent: The patent is granted if the Applicant fulfils all the requirements and no opposition is raised or the opposition is unsuccessful.

These steps ensure a thorough evaluation of the invention's novelty and protect the inventor's rights by granting a patent if the criteria are met.

Documents Required for Patent Registration in India

A patent is a government-granted legal right that gives inventors exclusive rights to produce, use, or sell their inventions for a specified period. In India, the Indian Patent Office is responsible for granting patents, which remain valid for 20 years from the filing date. To register a patent in India, inventors must submit a patent application to the Patent Office. Patent services are ready to assist you if you face any problem. Alongside the application, the following documents need to be submitted:

  • Application for Grant of Patent (Form 1 - Sections 7, 54 & 135 and Rule 20-1).
  • Provisional/Complete specification, where if the provisional specification is filed, a complete specification must be submitted within 12 months (Form 2, Section 10 and Rule 13).
  • Statement and Undertaking (Form 3, Section 8-Rule 12) that duplicates the details and status of every international patent application.
  • To declare inventorship, utilise either a comprehensive specification following the preliminary specification or a national phase application under the PCT convention (Form 5).
  • (If submitted through a patent agent – Form 26) Power of attorney
  • Certified copy of the Priority document (in case priority is claimed).
  • Fees (payable in cash, cheque, or demand draught)

After evaluating the supporting materials, the Patent Office will decide whether to grant or deny the patent. The Indian Patent Journal will publish the patent if approved, and it will be legally valid for 20 years following the filing date.

Charges Associated with Patent Registration in India

Patent registration in India involves various charges. The official application fee starts from ₹1,600. Additionally, there is a search fee and an examination fee. Other charges include fees for requesting early publication and accelerated examination. It is important to note that a maintenance fee must be paid annually after the patent is granted. It is crucial to know these fees beforehand to understand the financial aspects of the patent registration process.

Patent Protection in India

In India, patent protection lasts for a period of 20 years, starting from the date of filing the patent application. During this time, the patent holder enjoys exclusive rights over the patented invention, including the right to manufacture, use, sell, offer for sale, or import it. An invention must meet certain criteria to be eligible for patent protection in India. It should be new, inventive, and capable of industrial application.

However, certain categories of inventions are not eligible for patent registration in India. These include:

  • Agricultural or horticultural techniques
  • Procedures for the surgical or therapeutic treatment of people or animals
  • Discovery of any naturally existing living or non-living object
  • Models in mathematics
  • Plans, guidelines, and procedures for carrying out mental acts, playing games, or conducting business
  • Integrated circuits' topography
  • Software programs
  • Literary works, musical compositions, paintings, and sculptures or the like
  • Anything that is against morality or public order.

Upon meeting the requirements, you can file a patent application with the Indian Patent Office. Subsequently, your application will undergo a thorough examination process to assess its compliance with the necessary criteria. If your application is approved, you will be granted a patent and exclusive rights to utilize and commercialize your invention for 20 years.

Wrapping Up

Registering a patent in India involves several steps and submitting specific documents as mentioned above. It is crucial to ensure that all the necessary documentation is accurate and comprehensive to avoid any issues in the future. Engaging the services of a skilled patent attorney is recommended to navigate the process smoothly and mitigate any potential legal complexities. With proper documentation and professional guidance by patent services like Online Patent Filing, the patent registration process in India can be effectively managed.