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Patent Registration in India

The term “Patent” refers to one of the key pillars of Intellectual Property Rights (IPR) and is a premium right granted by the government to the creator of his or her invention. Likewise, the phrase “right” relates to the authorization to create, sell, use, and import a product or procedure while prohibiting others from doing the same. It is managed and administered by the Patent Act of 1970 and the Patent Rules of 1972, and it is valid for 20 years. 

Furthermore, the Patent Office, Controller General of Patents, Designs, and TradeMarks, has the power to supervise the application for Patent Registration.

What can be Patented in India?

A novel product or method that includes an innovative step and may be applied in the industry is required for an invention to be patentable, per the Patent Act. To be eligible for patent protection, an innovation must be technical and satisfy the following conditions.


Before the filing of the Indian patent application, the subject matter described in the specification had not been published in India or anywhere else.

Inventive Step

Given the preceding publication, information, or document, the invention is not obvious to a person of ordinary skill in the art.

Industrial Applicability

An invention must be useful in order to be produced or employed in the industry.

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Forms for Patent Registration in India

Stages of the Process for Patent Registration

Form No.


Application for the Grant of Patent

Form 1


Provisional or Complete Specification

Form 2


Statement and Declaration under Section 8

Form 3


Declaration as to Inventorship

Form 5


Form furnished only by start-ups and small business entities

Form 28


Form for authorisation of a Patent Agent or any individual in a matter or proceeding under the Act

Form 26

Documents Required for Patent Registration in India

The documents required for obtaining Patent Registration in India are as follows:

  • Application for Patent Registration in Form 1.
  • A copy of the proof of right to file a patent application will be required. In addition, the application for registration must accompany this proof.
  • Provisional specifications need to be submitted if the applicant does not have complete specifications. With provisional specifications, however, the applicant must file the complete specifications within 12 months in Form 2.
  • Form 3 for submitting a Statement and Declaration under section 8.
  • Power of Attorney Form 26 is used when an agent applies for patent registration.
  • Biological Material requires approval from the NBA (National Biodiversity Authority) before a patent can be issued. Also, the applicant is expected to mention the source of Geographical Origin.
  • Applicant/Patent Attorney/Authorised Person must sign the Registration application.
  • The MSME/Startup India Certificate, if applicable.
  • The Applicant/Agent must sign the last page of the Complete/Provisional Specification.

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Frequently Asked Questions (FAQ)

  • Provisional Application

When an invention is still under development and is yet to be completed, a provisional application, often referred to as a temporary application, is submitted. If a patent application is filed early, any additional pertinent innovations will not be considered prior art to the inventor’s application. 

  • Direct Filing

Initially, the Indian Patent Office files the entire specification without a related provisional specification.

  • Subsequent Filing

In this scenario, the complete specification is submitted after the equivalent provisional specification and claims priority over the earlier-filed provisional specification.

  • PCT National Application

The applicant must submit this application if he learns of an innovation or a little modification of an invention that the applicant has already patented or filed for a patent for. A PCT National application can be submitted if the innovation does not need a substantial inventive step.

  • Divisional Application

The applicant may decide to divide a single application into two or more if it includes claims to over one invention. The priority date of these applications is like the parent applications.

  • PCT International Application

The PCT international application opens the door for a streamlined patent application procedure in several countries at once, but it does not result in an international patent grant.

The advantages of registering a patent in India are as follows:

  • A patent serves as a means of supporting breakthroughs and inventions. The innovation or concept belongs to the applicant after they receive the patent.
  • A firm must register for a patent because a patent prevents rivals from stealing, selling, or importing the intellectual property without authorization. In support of the current legislation, the patent holder can thereby defend his patent rights.
  • Like other types of property, patents can be bought, sold, or licenced.
  • Ownership of the patent may also be transferred by the inventor.
  • A patented product enhances brand recognition and can allow the company to charge more.
  • When a patent holder has exclusive rights, they are in control of the usage. for at least twenty years, of the innovation.
  • Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs, or 50%, of the total cost of an MSME’s international patent application.

Any of the following individuals may file a patent registration application for an invention, either individually or jointly with another individual:

    1. The genuine and original creator.
    2. True assignee of the original inventor.
    3. The assignee of the dead true and first inventor’s agent.
    4. The Patent Act defines a “person” as any natural person, business, association, group of people, or governmental entity, whether or not it is incorporated.
    5. If the business is a sole proprietorship, the proprietors’ names should be on the application.
    6. In partnership businesses, the patent application must provide all personally accountable partners’ names.
    7. A natural person or a person who is not a legal entity, such as a registered business, an LLP, Article 8 a business, a school, or the government.
    8. The real and original inventor’s name, address, and country of citizenship must be disclosed by the applicant.

Every year, a patentee must pay renewal fees. He/she may, however, pay the same in one flat payment.

Yes, there is an IDA in Chandigarh, and it is known as IMTECH (Institute of Microbial Technology).