Patent Registration Process in India:

Patentability Search:

An invention to be eligible for the Patent grant should be absolutely novel. A patent search is not mandatory. An experienced Patent agent can help in searching the database or conducting a worldwide search to ascertain whether a product or process or method has already been applied for by another in any country across the globe. Such search results will help him to make necessary modifications to his invention and draft patent specification so that his claims do not overlap the claims of a prior patent applicant or patent holder.

Provisional application:

An inventor of a process or product may file an ordinary application in the form of Provisional Application/Provisional Specification if the applicant finds that his invention is not ready. This helps him/her to establish the priority of the applicant over any other person(s) who is likely to file an application for patent in respect of the same invention being developed concurrently. It also helps the applicant to get a maximum period of twelve months to fully develop his invention by himself or with the help of others who are interested in the economic value of the patent before filing the complete specification within twelve months.

Complete Specification:

An inventor who has his invention ready at the time of application may file a complete specification. As the name specifies a complete specification shall contain details like Title, the field of invention, objectives, advantages, complete description, claims, abstract, drawings, etc. It may take around 2 to 4 years to get a Patent registered in India. An applicant for a patent should comply with all the necessary patent formalities and procedures within the stipulated period. It is pertinent to note that a complete specification should be drafted by a well-qualified and experienced registered patent agent. If the applications are not properly drafted it can encounter objections from the Patent office. Only if such objections are cleared an application will be accepted for patent registration. Similarly, if claims are not properly drafted a patent can be invalidated in the court of law by a competitor. There have been several cases where patents were canceled as it was considered vague by a court of law.

A patent is granted by the Government of India to the Patentee for a limited period of 20 years from the date of application after which it will go into the public domain. A patent has to be renewed from the second year onwards. If he fails to renew the patent within the prescribed period patent shall fall into the public domain and all rights over it shall be lost.

A patent is a very important IP asset that can earn inventor goodwill, name, fame, and money. Patent registration in India is a complicated process and it always better that the applicant avoids filing it by himself. Applicant should entrust the management of his IP assets with a reputed firm having well qualified, experienced patent agents and patent attorneys in India who are specialized and well versed in patent drafting. They can assist you by providing the necessary services like consulting on the patentability of the invention, market potential, patent search, drafting provisional and complete specifications, drafting claims, filing a request for early publication, request for examination, clear objections, attend the hearing, filing annuities and returns/ renewal, help in commercialization, prepare documents for assignment or licensing and provide IP rights enforcement services.

Zwapall Patent Services

Registration of Patent requires the skill of a specialized professional. It is ideal to employ the services of an experienced Patent Agent though not compulsory. We are all India patent service providers and we provide the following services across India.

• Preliminary advice on the patentability of an invention.
• Patent prior art search or Freedom to operate a patent search.
• Proper patent specification and claims drafting.
• Filling of appropriate documents on time and registration of a patent in India
• Filling of worldwide patent applications in PCT and Paris convention countries by claiming priority.
• Renewal and maintenance of patent by filling annuities and returns.
• Patent infringement analysis or legal advice/opinion on non-infringement and infringement issues.
• Alternate dispute resolution/negotiating and settling patent disputes;
• Providing litigation support in matters relating to patent rights or defending the patentee against allegations of infringement;
• Drafting assignments and license agreements;
• Identification of potential buyers for patents; commercialization/monetization support to patents;
• Post-grant opposition and defense;
• Cease and desist legal notice;
• Customs and border control measures;
• IP investigations and assistance in raid and seizure action against infringers.

As a prominent IP Service provider in India with all facilities and resources we render expert Patent drafting and registration services in India for clients around the world which include individuals, companies, research institutes, universities, law firms, and associations. We perfectly understand the modern-day necessity of patenting innovations as soon as possible and renewing them on time to assert rights over intellectual property like patents. Our team of patent agents and patent attorneys are capable of offering the best legal representation in the event of any dispute.

To know more details fix an appointment with our Patent experts. 

FAQs about Patent Registration in India:

What can be patented in India?

Inventions that are novel, involve an inventive step, and are capable of industrial application can be patented.

How do I apply for a patent in India?

File a patent application with the Indian Patent Office (Regional offices Eg. Chennai for Southern States), including a detailed description of the invention and claims defining the scope of the invention.

What is the difference between a provisional and a complete patent application?

A provisional application provides a priority date and can be followed by a complete application within 12 months. A complete application is fully detailed and ready for examination.

How long is a patent valid in India?

Patents are generally valid for 20 years from the filing date.

What is the patent examination process?

The Indian Patent Office examines the application to ensure it meets all legal requirements and that the invention is novel and non-obvious.

Can a patent be renewed?

Patents cannot be renewed after their 20-year term, but annual maintenance fees must be paid to keep the patent in force.

What is prior art?

Prior art includes any evidence that your invention is already known, including previous patents, publications, or public demonstrations.

How can I check the status of my patent application?

The status can be checked on the Indian Patent Office’s official website.

What is patent infringement?

Patent infringement occurs when a patented invention is made, used, or sold without the patent holder’s permission.

How do I enforce my patent rights?

Patent holders can take legal action against infringers in court.

Can patents be sold or licensed?

Yes, patents can be sold or licensed to others, providing additional revenue streams.

What is the cost of filing a patent in India?

Costs vary depending on the type of application and whether you use legal assistance, the quality and experience of your Patent Agent cum Patent Attorney

How can I protect my patent internationally?

You can file a Patent Cooperation Treaty (PCT) application or file directly in foreign countries after applying it in India

What is the role of a patent attorney?

Registered Patent Agents help with the application process and Patent attorneys provide legal advice, and assist in enforcing patent rights.