Patent attorney in India

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What is a Patent in India?

A patent in India gives you exclusive rights over your invention, allowing you to make, use, sell, or license it for profit. It’s a type of legal protection that ensures no one else can commercially exploit your invention without your permission.

To get a patent in India, your invention needs to be new, involve an inventive step, and be useful in an industry. Essentially, it should offer a fresh way of doing something or solve a technical problem in a new way.

Once granted, a patent in India is valid for 20 years. Like any other form of property, a patent can be sold, licensed, inherited, or even abandoned. It’s considered an intellectual property right, so you have a lot of control over how it’s used or transferred.

India is the fastest growing market

With its vast population and rapid economic growth, India has become a key global market. This is reflected in the rising number of patent applications filed each year, showcasing India’s increasing focus on innovation and intellectual property protection, making it an attractive destination for businesses and inventors worldwide.

In 2018-19, a total of 50,659 patent applications were filed in India. This number increased to 56,468 in 2019-20. Despite the challenges posed by the global Covid-19 crisis, patent filings rose to 58,503 in 2020-21 and further to 66,440 in 2021-22 as the world began recovering. In 2022-23, filings jumped to 82,811, and projections suggest that filings will exceed 100,000 in 2023-24.

This table below shows the number of patent applications filed in India in last five years

Year	Indian applicants	Foreign applicants	Total applications
2018-19	17005	33654	50659
2019-20	20843	35625	56468
2020-21	24326	34167	58503
2021-22	29508	36932	66440
2022-23	43301	39510	82811

As the above chart suggests filing a patent application in India opens the door to substantial business opportunities in a rapidly expanding economy.

Who can file a patent application in India?

If you’re looking to file a patent application in India for an invention, it can be done by any of the following people, either on their own or together with someone else:

• The true and first inventor
• The assignee of the true and first inventor
• The legal representative of a deceased true and first inventor or their assignee

When you’re ready to file a patent application in India, here’s what you’ll need:

• The name, address, and nationality of each inventor and applicant.
• A copy of the Complete Specification, which should include claims, an abstract, and any relevant drawings.
• A verified English translation of the priority documents.
• A Power of Attorney signed by the applicant or an authorized person for each applicant.
• Proof of Right, which is a document that transfers the rights from the inventor to the applicants.
• Information about the status of any patent applications filed in other countries for the same invention.

Attorney fee for Patent in India

The official fee for filing a Patent in India

Action Particulars – in US$	Individual	Large Firm
Filing application for Patent	30	130
For each additional priority	30	130
Each additional page over 30	03	14
Each additional claim over 10	06	28
Filing request for examination	70	300

To get a patent in India, your invention needs to meet a few key criteria. First, it should be practical and useful. It must also have something new about it—some feature that hasn’t been seen before in its technical field. This existing body of knowledge is known as “prior art.”

Your invention should also involve an inventive step, meaning it shouldn’t be something that a person with average knowledge in the field could easily figure out. Finally, the invention must be considered “patentable” under Indian law.

There are some things that typically can’t be patented, like scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, or methods for medical treatment (though medical products can be patented). Just because you have a patent doesn’t automatically mean you can use or sell your invention—other laws, like health and safety regulations, might still apply.

Under the Patents Act, 1970, there are certain inventions that can’t be patented. These include:

• Anything frivolous or against natural laws.
• Inventions that go against public order, morality, or are harmful to life or the environment.
• Discoveries of scientific principles or substances that exist naturally.
• New uses for known substances or processes that don’t result in a new product.
• Combinations of known substances that only result in the sum of their properties.
• Mere rearrangements or duplications of known devices.
• Methods of agriculture or horticulture.
• Medical treatments or procedures for humans or animals.
• Plants, animals, seeds, and biological processes.
• Mathematical methods, business methods, computer programs, or algorithms.
• Artistic creations, like literature, music, or films.
• Schemes, rules, or methods for performing mental acts or playing games.
• Presentations of information.
• Topographies of integrated circuits.
• Anything related to atomic energy.

Having a patent means others can’t commercially make, use, or sell your invention without your permission. If someone does infringe on your patent, you can enforce your rights in court. On the flip side, someone can challenge your patent in court, which could result in it being declared invalid.

As a patent owner, you have control over who can use your invention while it’s protected. You can license it to others or even sell your rights to someone else. Once the patent expires, typically after 20 years, your invention enters the public domain, meaning anyone can use it without needing your permission.

Patents encourage innovation by giving inventors recognition and an economic monopoly over their creations for a limited time. This protection drives continuous improvements in the quality of life.

The first step to securing a patent is applying for one. The application should clearly describe the invention, including its technical field, background, and details so that someone skilled in the field could replicate it. This description is usually supported by drawings, plans, or diagrams.

The application also includes “claims,” which outline the extent of the protection you’re seeking. The Patent Office will closely examine your application to ensure it doesn’t overlap with any prior art and that your claims are supported by the description. You’ll need to address any objections from the Patent Office to get your patent approved.

In India, patents are granted by the Intellectual Property Office of India. In other regions, like Europe or Africa, regional offices handle patent applications for multiple countries. The Patent Cooperation Treaty (PCT) allows you to file a single international patent application that’s effective in multiple countries, but each country still decides whether to grant the patent.

There’s no such thing as a “world patent.” You need to file in each country where you want protection, or in some cases, a regional office can handle it for you. The requirements and fees vary by country, so it’s a good idea to consult with an intellectual property lawyer.

It’s crucial to file your patent application before publicly disclosing your invention. If you disclose it first, it might be considered “prior art,” making it difficult or impossible to patent. Some countries offer a grace period, but this varies, so it’s important to understand the rules in the places where you seek protection.

If you must disclose your invention before filing—like to an investor—make sure to use a confidentiality agreement to protect your rights.

Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.

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