What is a Patent in India?

A Patent in India is twenty years monopolistic protection granted to the applicant for an invention that has novelty, inventive step and industrial use. A patent in India gives its owner an exclusive right to commercially make, use, distribute, sell, or license the invention for financial gain. A patent in India is granted for an invention, which may be a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

The patent, in the eyes of the law, is an intellectual property right and it can be given away, inherited, sold, licensed, and can even be abandoned. A patent in India lasts for 20 years.

How much does it cost to get a Patent in India?

Who can apply for a Patent in India?

An application for Patent in India for an invention may be filed by any of the following persons either alone or jointly with any other person:

  • True and first inventor
  • True and first inventor’s assignee
  • Legal representative of deceased true and first inventor or his/her assignee

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Attorney fee for filing a Patent in India

Action based fee

  • Attorney fee for preparing and filing a Patent application in India
  • Additional fee for responding to office actions
  • Additional fee for preparing evidences and arguments
  • Additional fee for attending hearings with the examiner

Capped Flat fee

  • Attorney fee for preparing and filing a Patent application in India
  • No further fee for responding to office actions
  • No further fee for preparing evidences and arguments
  • No further fee for attending hearings with the examiner
Click here: Fee for INDIAN applicants in Rupees.

Official fee for filing a Patent in India

Action Particulars – in US DollarsIndividualLarge Firm
Filing application for Patent30130
For each additional priority30130
Each additional page over 300314
Each additional claim over 100628
Filing request for examination70300

Who can apply for a Patent in India?

An application for Patent in India for an invention may be filed by any of the following persons either alone or jointly with any other person:

  • True and first inventor
  • True and first inventor’s assignee
  • Legal representative of deceased true and first inventor or his/her assignee

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Requirements for filing an application for a Patent in India

  • Name, address and nationality of each inventor and applicants
  • A copy of the Complete Specification which must include claims, abstract and drawings
  • Verified English translation of the priority documents
  • A Power of Attorney signed by an applicant or an authorized person of each applicant
  • Proof of Right: a document transferring the rights from inventor to the applicants
  • Information of the status of the patent applications filed in other jurisdictions for the same invention.

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Procedure of prosecuting a Patent in India

After filing an application for a Patent in India, examination must be requested within 48 months from the filing date.

​After requesting examination, it will typically be 12-18 months before a first examination report is issued. A response to the first examination report must be filed within six months of its date. The applicant must put the patent in order for grant within 12 months from the date of the first examination report.

​Following successful examination, the application will proceed to acceptance and third parties are provided with an opportunity to oppose the grant of a patent within 3 months of the advertisement of acceptance. If there is no opposition, a patent will be granted shortly thereafter.

Inventions that can be Patented in India

An invention must, in general, fulfill the following conditions to be protected by a patent in India.

  • The invention must be new, it must show an element of novelty that could not be deduced by a person with average knowledge of the technical field.
  • It must involve an inventive step.
  • It must be capable of being used or applied in trade or industry.

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Inventions that can not be patented in India

According to The Patents Act, 1970 the following inventions can not be patented:

  • Frivolous or claiming anything obviously contrary to established natural laws.
  • Contrary to public order or morality or prejudicial to life or environment.
  • Discovery of scientific principle or formulation or discovery of living or nonliving substance.
  • Discovery of a new form of property or use of a known substance or new use of a known process or machine or an apparatus not resulting in a new product.
  • Substance obtained from the admixture of known components resulting in the only aggregation of their properties.
  • Mere rearrangement or duplication of known devices.
  • A method of agriculture or horticulture.
  • Medical treatment or procedure of humans or animals.
  • Plants or animals or seeds and biological processes of production or prorogation of these.
  • Mathematical or business method or computer program or algorithm.
  • Artistic or aesthetic creation like literary, dramatic, musical, or cinematographic or television production.
  • Scheme or rule or method of performing any mental act or of a game.
  • Presentation of information.
  • Topography of integrated circuits.
  • Aggregation or duplication of known properties of components.
  • Inventions relating to atomic energy.

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Why should I file a patent application in India?

Filing a patent in India can offer several benefits for individuals and businesses, including:

  1. Protection of your invention: Filing a patent in India can provide legal protection for your invention, preventing others from making, using, selling, or importing your invention without your permission. This can help you safeguard your intellectual property rights and prevent others from exploiting your invention.
  2. Access to a large market: India is a large and rapidly developing market, with a population of over 1.3 billion people. By filing a patent in India, you can gain access to this market and potentially secure a competitive advantage over others who have not filed patents in India.
  3. International recognition: Filing a patent in India can provide international recognition for your invention, as India is a signatory to several international treaties and agreements related to intellectual property protection. This can help you protect your invention not only in India but also in other countries around the world.
  4. Government support: The Indian government has implemented several initiatives and programs to promote innovation and entrepreneurship, including support for patent filing and prosecution. This can help you access funding, resources, and expertise to further develop and commercialize your invention.
  5. Cost-effective: Filing a patent in India can be relatively cost-effective compared to filing patents in other countries. The fees for filing and prosecuting patents in India are generally lower than those in many other countries, making it a more affordable option for individuals and small businesses.

Why to manufacture in India?

There are several reasons why manufacturing in India can be a favorable option for businesses:

  1. Large and growing market: India has a large and rapidly growing market with a population of over 1.3 billion people. This presents a significant opportunity for businesses looking to expand their customer base and tap into new markets.
  2. Low labor costs: India has a large pool of skilled and unskilled labor that is available at relatively low costs compared to many other countries. This can make it more cost-effective to manufacture products in India, especially for labor-intensive industries.
  3. Government incentives: The Indian government has implemented several initiatives and policies to encourage investment in manufacturing, such as tax incentives, subsidies, and streamlined approval processes. This can make it easier and more attractive for businesses to set up manufacturing operations in India.
  4. Access to raw materials: India is rich in natural resources and raw materials, such as iron ore, coal, cotton, and spices. This can provide businesses with easier access to the materials they need to manufacture their products.
  5. Skilled workforce: India has a large pool of skilled workers, especially in industries such as IT, engineering, and pharmaceuticals. This can make it easier for businesses to find and hire the talent they need to run their manufacturing operations.

A few of our distinguished clients

A few testimonials from our esteemed clients

Best Lawyers I have hired

We were looking for a law firm to prepare and file a few patent applications in India along with international patent applications under PCT. I would not be wrong to say that we found the best in the business.
Padam Singh
General Manager ONGC, India

Very professional service

Bhagnari & Co has been providing us with fantastic service right here in Mumbai. We have been pleasantly surprised by the expertise they bring on the table. Definitely one of the top IPR law firms in Mumbai.
Vilas Tawde
CEO Of ESSAR OIL, India

Out of box thinking

We had been facing a long standing legal issue with our operations in India. After consulting various law firms over the years we were fortunate to come across Bhagnari & Co who finally helped us resolve the issue.
Werner Haefliger
CEO of AMC International, Switzerland

Outstanding service at budget price

We have been associated with Bhagnari & Co since last 10 years. Their service is not only outstanding but on top of that it is at a very budget friendly price. Moreover they are the domain experts in their fields. Highly recommended.
Hari Dudani
Charted Accountant and financial analyst.

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