Patent Registration in India – An Overview

Patent registration in India provides inventors with exclusive rights over their inventions, ensuring that others cannot make, use, or sell the patented invention without proper authorization. The process begins with a novelty search to confirm that the invention is unique and innovative. Once the uniqueness is established, the next step is filing a patent application along with comprehensive specifications with the Indian Patent Office.

Following the publication and examination, if no objections or oppositions are raised, the patent is granted and registered. The validity of a patent in India is 20 years from the date of filing. Patent registration not only protects your innovation but also gives you the legal advantage to commercialize and license your invention effectively.

Leverage Fastzeal's 10+ years of proven expertise in intellectual property services and enjoy a hassle-free patent registration process for your technical invention.

What is a Patent?

A patent is a legal right granted by the government to an inventor, offering exclusive control over the use, production, and sale of their invention for a limited period, typically 20 years. This legal protection prevents others from exploiting the invention without the inventor’s consent, thereby safeguarding the creator’s rights.

The patent registration process involves submitting a well-drafted application that outlines the technical specifications, claims, and functional details of the invention. Once approved, the patent becomes a valuable asset, enabling the inventor to monetize and enforce their innovation while restricting any unauthorized commercial use.

Advantages

Benefits of Patent Registration Online

Patent registration online offers legal protection to inventors and grants exclusive rights to their inventions. It offers various benefits, including commercial advantages such as long-term security and profitability.

Patent Registration Advantages

Exclusive Rights

Patent registration grants exclusive rights to inventors to use and sell their inventions. It also prevents others from using their invention without due permission, which secures the inventor's commercial interests.

Monetization Opportunities

Inventors can license or sell their registered patents, which creates an alternate revenue generation stream from their intellectual property, all the while maintaining the legal ownership of the innovation.

Increased Market Value

Patents boost the credibility and market value of the invention and the business, making it more appealing to investors and partners. Patent is a unique and protected asset.

Competitive Advantage

A registered patent gives the inventor a competitive edge as their product or process becomes protected by deterring competitors from duplicating or using their patented technology.

Legal Protection

A patent offers robust legal protection, safeguarding the investor against malicious use and infringement of their patent. Inventors can initiate legal action against defaulters, ensuring their invention remains guarded from unauthorized use or exploitation.

Global Protection

International treaties ensure that a patent registered in India can be extended globally, facilitating inventors to seek patent protection in different countries to penetrate into the global markets.

Eligibility Criteria for Patent Registration in India

To meet the eligibility criteria for patent registration in India, you must fulfil the below-mentioned conditions:

Checklist for Patentable Inventions

• Products: Unique and visionary products such as gadgets, machinery, chemicals, and drugs.

• Processes or Methods: Creative manufacturing or task manufacturing techniques can be patented.

• Machines: Functional mechanical inventions with distinctive mechanisms or features are patentable.

• Chemical Formulations: New chemical substances, including drugs, can be protected under patent registration.

• Biotech & Software Innovations: Biotechnological discoveries and some software inventions can be patented.
  
  

Checklist for Non-Patentable Inventions

• Natural Laws & Scientific Principles: Inventions founded on natural laws, scientific discoveries, or physical phenomena cannot be patented.

• Abstract Ideas & Mental Acts: Abstract ideas, hypotheses, mathematical techniques, and mental feats are non-patentable.

• Artistic & Traditional Works: Literary, creative works and native knowledge are not protected by patents but by copyrights.

• Illegal or Immoral Inventions: Inventions considered illicit or against public morality are not eligible to be patented.

• Public Domain & Biological Processes: Public domain inventions and natural biological procedures cannot be patented.
  
  
  

Documents Needed for Patent Registration Process

Here is a list of documents required for the patent registration process, which an applicant must submit at the time of applying:

• Identity and address proof of inventor and assignee

• Contact details, declaration, and information on prior patent applications

• Patent specification (provisional or complete)

• Statement and Undertaking under Section 8 – Particulars of assignments and foreign filing details

• Declaration of inventors for the patent application

• Technical Information including background of the invention, disclosure of invention's need, invention summary, and work description

• Request for examination and request for early publication

• Disclosure of Power of Authority (if assigned to Patent Agent)

• Disclosure of claims and abstracts and statutory fees (Cheque/DD)

• Proof of right to file the patent application and MSME or startup certificate

• Provisional specifications, if complete ones are unavailable

• Priority document for Convention Application or PCT National Phase Application

• Permission from the National Biodiversity Authority (if biological material is from India)

• Source of geographical origin for biological materials

• Signatures of the applicant or authorized person with name and date
  
  
  

Procedure for Registration of Patent Online

The step-by-step procedure for registration of a patent online involves different stages. Here’s the process:

1. Conduct a Patent Search

The first step in the patent registration process is conducting an in-depth search of existing patents to ensure the invention is innovative. This research helps identify similar patents that might affect your application’s success.

2. Prepare the Application

Next, draft a comprehensive patent application and add all details including descriptions, claims, and drawings. Ensure the application meets all the patent office's requirements for completeness and transparency.

3. File the Application

Submit the application to the relevant patent office along with the required fees. Ensure that all forms are correctly filled out to avoid delays or rejections.

4. Request Review

After filing the application, request an examination within the prescribed timeframe to initiate the official review process by patent examiners.

5. Respond to Objections

If the application receives objections, respond to the examiner’s queries promptly and provide any required clarifications.

6. Grant of Patent

Once all requirements are met and objections are resolved, the patent is granted and notified via an official journal publication.

Business That Use Patent

Important Businesses & Industries

• Pharmaceuticals: New drugs, formulations, and medical innovations

• Biotechnology: Genetic engineering, biological processes, and biotech products

• Technology & Software: Hardware, software innovations, and algorithms

• Electronics: Unique components, devices, and circuit designs

• Automotive Industry: Vehicle designs, engine technology, and safety systems

Other Significant Businesses & Industries

• Medical Devices: Diagnostic tools and healthcare equipment

• Renewable Energy: Solar, wind, and green energy innovations

• Agriculture: Genetically modified crops and innovative farming tools

• Manufacturing: Production methods, machinery, and industrial processes

• Consumer Products: Product designs, packaging, and innovative functionalities
  
  

Types of Patent Registration in India

Provisional Patent Application

A provisional application provides an early filing date, giving inventors 12 months to submit a complete specification. It helps secure priority without submitting the final invention blueprint.

Complete Patent Application

Includes full invention details, claims, and specifications. Once granted, it offers full protection for 20 years from the date of application.

Ordinary Patent

Filed without claiming priority from any earlier applications, this is used for inventions made exclusively in India. Offers standard 20-year protection.

Convention Patent

Filed within 12 months of a foreign application in a convention country. Claims priority from that application, providing international recognition and protection.

Patent of Addition

Used for modifications or improvements to an already filed or granted patent. This type doesn’t require the same level of inventiveness as the original invention.

Divisional Patent

Filed when a complete application contains more than one invention. It separates the inventions to ensure each receives individual protection.

PCT National Phase Application

Filed in India after an international application under the Patent Cooperation Treaty (PCT). It allows inventors to seek patent protection in India based on a global priority date.

Key Features of Patent Agent Registration in India

Patent agent registration in India safeguards inventions by granting exclusive rights to inventors. Here are some of its primary features:

Patent Registration Features

• Grants the inventor exclusive rights, sole ownership, and usage rights.

• Validity lasts for 20 years from the date of application.

• Invention details published after 18 months for public disclosure.

• Eligibility to file nationally or via the PCT for international protection.

• The invention must be novel — original and new.

• Should involve an inventive step beyond existing knowledge.

• Must be industrially applicable and usable in a specific industry.

• Undergoes a substantive examination to ensure patentability.

• Third-party opposition allowed within a stipulated time.

• Inventors may transfer rights through sale or licensing.
  
  

Post-Registration Compliance for Patents in India

To maintain a valid patent registration, inventors must fulfill these critical post-registration obligations:

1. Payment of Renewal Fees

Timely payment of renewal fees is mandatory to preserve the rights granted by the patent.

2. Working Statement Submission

Inventors must submit an annual working statement to the Patent Office detailing how the patent has been commercially utilized.

3. Timely Filing of Forms

All prescribed patent forms must be filed online within specific timelines to avoid legal hurdles.

4. Reporting License Agreements

Any license agreement involving the patent must be reported to the Patent Office promptly.

5. Patent Marking

Products must be marked with the granted patent number to notify the public and prevent misuse.

6. Defending Patent Rights

Patent holders must be ready to defend against infringements, opposition, and violations.

7. Compliance with Foreign Filing

If filing internationally, inventors must ensure compliance with foreign filing provisions to secure global protection.

Importance of Online Patent Registration

Online patent registration is a modern, effective approach for both businesses and professionals.

For Companies

• Easy access to international markets.

• Cost-effective with less paperwork.

• Faster processing and approvals.

• Secure digital tracking of applications.

• Strengthens competitive edge by safeguarding innovation.
  
  

For Professionals

• Convenient and can be filed from anywhere.

• Saves significant time compared to manual filing.

• Easy tracking of application status.

• Higher compliance with fewer errors.

• Efficient client patent portfolio management.
  
  
  

Patent vs. Copyright in India

Fastzeal™ Patent Registration Solutions – 100% Confidential

With a wide network of experienced patent agents, Fastzeal has supported clients ranging from startups to large enterprises while ensuring complete confidentiality.

Our Services Include:

• Filing complete patent applications by senior patent attorneys

• Comprehensive patentability analysis

• AI-powered patent search reports

• Filing on Intellectual Property India (IP India) portal

• Provisional patent applications

• Multiple consultation rounds with experts

• Filing for expedited publication

• Preparation of two technical illustrations
  
  

How Fastzeal™ Simplifies Patent Registration

Expert Consultation

With 10+ years of expertise in patent law, we offer reliable consultation services.

Wide Legal Network

Access our strong network of over 500 lawyers for legal clarity and support.

Time Efficiency

By actively following up with the patent office, we’ve saved over 20,00,000 hours for inventors.

Compliance Management

With a 98% success rate, we conduct deep patent searches and ensure full compliance.

Affordable Packages

We provide budget-friendly and transparent pricing for all services—no hidden charges.

Complete Paperwork Assistance

We help prepare accurate documentation for successful filing.

24/7 Application Support

We submit your patent application within 24 hours after collecting necessary details.

Prompt Response Handling

We respond to any objections or queries within 30 days to avoid delays.

Post-Registration Services

Continued support is available to maintain and protect your patent rights.