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Patent in India

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  • Patent fees

Fees associated with filing patent applications in India as well as other patent fees are available in the fee calculator.

  • Term for filing a patent application in India

The term for filing a patent application in India claiming conventional priority is 12 months from the priority date. Restoration of the above-mentioned term is not possible.

  • Filing requirements in India

The official language of a patent registration in India is English or Hindi. It is possible to file an application in a foreign language and to submit translation within three months as of the invitation by Indian IP Office. However, it is highly recommended to submit translation at the time of filing.

To obtain the date of filing, a patent application in India should have:
- complete specification including description, claims, abstract and drawings in English or Hindi;
- details of the applicant(s) and inventor(s), i.e. name, nationality and complete address(es);
- title of the invention;
- details of the priority claim: date, application number and country;
- payment of the prescribed filing fee.

If the Priority Document is not in English, the deadline for submission of the English translation of the priority document is likewise 12 months in case of a conventional entry or from the earliest priority date claimed. Where the priority document (and its English translation, if applicable) is not submitted within the aforementioned time limit of 12 months, it should be submitted at the earliest and can also be submitted within three months from the date of invitation received from the Indian Patent Office.

A scanned copy of the Power of Attorney can be submitted within 3 months from the filing date, however, the original should be submitted within 15 days from receiving corresponding notification from the Office, if requested. Legalisation or notarization of the Power of Attorney is not required. It is recommended to always provide the original signed Power of Attorney for submission to the Indian Patent Office to complete the filing requirements.

If the applicant is not the inventor, a copy notarized in original of the Declaration of Inventorship (Assignment Deed) should be provided within six months from the date of filing a patent application in India.

Alternatively, an Application Form 1 having the Inventor’s signatures assigning the rights to the application can also be submitted and be provided within 6 months from the date of filing of a patent application in India. Only a simple execution by the Inventors in Form 1 what is required. The legalization and notarization of the Form 1 signed by the Inventors is not required.

The original of the above may be requested by the Office and which should be submitted within 15 days from the corresponding notification. It is recommended to always provide the original notarized copy of the Assignment Deed or the original signed copy of Application Form 1, which ever being provided for submission to the Indian Patent Office to complete the filing requirements.

  • Examination of a patent application in India

Patent applications in India undergo formal and substantive examinations. A request for the substantive examination of a patent application in India should be made within 48 months from the priority date. It is possible to request an accelerated examination under PPH which is at present only available with Japanese Patent Office.

  • Novelty grace period

In India, the novelty grace period constitutes 12 months before the Indian filing date or before the priority date if the disclosure was made:

- by previous publication of complete specification when the matter was published without the consent of the inventor or any person having rights over the said complete specification;
- by previous communication to the government to investigate the invention or its merits;
- by public display of the invention at an industrial or other exhibition recognised by the Central Government of India;
- by the publication of any description or the use of the invention in consequence of the display at any such exhibition without the consent of the inventor or a person deriving title from him;
- by the description of the invention in a newspaper read before a learned society or published for the use of such a society;
- by public working for the purposes of reasonable trial only by the applicant or any person from whom he derives title or with the consent of the parties set forth above.

  • Grant, validity term and maintenance fees

Patents in India are valid for 20 years from the date of filing. The official grant fee is not stipulated. Annual maintenance of an Indian patent in force for the first 3 years should be paid after completion of the patent registration procedure before the expiry of the 2nd year from the filing date/priority date. If the patent has been granted later than two years from the filing date, it is possible to pay the annuities in accumulated manner within three months of grant. It is also mandatory to file the Working Statement for all granted patents with the Indian Patent Office by September 30th each year providing information about the extent of the commercial working of the patent in the previous calendar year.

  • Duration of registration procedure

It takes depending on case-to-case basis and subject to actions taken by IPO an average of 4 years from filing to granting of a patent in India. 

  • Utility Model

It is currently not possible to obtain utility model protection under the current IP legislation in India.

  • Representation by a patent attorney

The applicant is required to have an address for service in India. For foreign applicants, it is recommended to perform patent prosecution in India through an agent, a registered Indian patent attorney.

  •  Note

Online database for Indian Patents Search.

Brief summary is based on the information provided by Vutts & Associates on 11.04.2023
Please contact us if the above information is not in conformity with Indian IP Laws