What is the Process of Patent Registration in India?

Preface: This post was originally published in 2022 and has been updated on April 12, 2025, to provide you with the most current and accurate information.

Due to the rise of innovation and technological developments across various industries, getting patent registration has become necessary. A patent is a type of intellectual property right regulated under the Indian Patent Act 1970. It is granted by the Indian Patent Office to an individual or entity for their innovation. 

In this blog post, we will discuss what is the process of patent registration in India.

What is Patent Registration?

Patent registration is a legal process that grants inventors exclusive rights to use and own their invention whether it’s a product, service, or technology. It gives the inventor a temporary monopoly over their creation for the duration of the patent's validity.

The patent registration India is granted on a first-to-file basis, i.e. the person who has first filed the application will get the patent’s registration. The application for patent’s registration can be filed by any person who is an Indian citizen or any organization. Further, the foreign national can also file an application for registration of patent in India provided he has an address for service in India.

In order to obtain the patent, the application shall be made in the specified form duly completed along with the requisite government fees to the Patent Office, Government of India. 

Patentable Inventions in India 

Here is a list of some of the patentable inventions in India:

• Pharmaceutical drugs

• Biotechnological processes

• Computer hardware

• Industrial machinery

• Medical devices

• Electrical circuits

• Agricultural equipment

• Chemical compositions

• Renewable energy systems

• Automotive components

• Communication devices

• Textile manufacturing processes

• Water purification systems

• Smart wearable devices

• Robotics and automation systems

Documents Required for Indian Patent Registration

To register a patent in India, you need to file certain documents with the Patent Office including the following:

• Application form (Form 1)

• Provisional or complete specification (Form 2)

• Drawings (if necessary)

• Abstract of the invention

• Statement and undertaking regarding foreign applications (Form 3)

• Priority document (if claiming priority date)

• Declaration of inventorship (Form 5)

• Power of attorney (if filed through a patent agent)

• Fee payment proof (cash/cheque/demand draft)

Patent Registration Process in India

The procedure for patent registration in India involves several steps. Let’s check out what these steps are:

Step 1: Conducting Patent Search

In the procedure for registration of patent, the very first step is to conduct a worldwide search to find out whether your invention is unique or it already exists. We recommend individuals and businesses to perform patent searches before filing a patent registration application. 

The Indian Patent Office may contest the uniqueness of your idea if it is found to be in previous art or to be strikingly similar to an existing innovation. To evaluate your chances of receiving patent approval from the IPO, you must therefore perform prior patent searches. 

Step 2: Patent Specification’s Drafting

Once you have completed detailed patent searches worldwide, the next step in the patent process in India is drafting the patent specification. This document explains the invention using both technical language and legal terms. It may or may not include the inventor’s specific claims. If it does, it's considered a complete specification; if not, it's treated as a provisional one.

The specification defines the scope of the invention, clearly describes how it works, includes practical examples, and outlines the best way to use it. When it includes the inventor’s claims and is complete, it forms the basis for securing legal protection for the invention.

Step 3: Filing the Patent Application

Once the patent specification is ready, you can move forward with filing your patent application in India. The type of specification, provisional or complete, determines the kind of application you submit. Under the Indian Patent Act, Form 1 is used to file the main application, while Form 2 is used to submit either the provisional or complete specification.

If you initially file a provisional specification, you must file the complete specification, including the inventor's claims, within 12 months from the date of the first filing. Depending on what the applicant needs, there are six different types of patent application forms available, each serving a specific purpose in the process.

Step 4: Publication in Patent Journal

Once the patent application process is complete, the patent is published in the official Patent Journal and made available for public viewing and inspection. This gives the general public a chance to raise objections, provided they have valid grounds to do so.

Step 5: Patent Examination Request

The examination of a patent application begins only after a request for examination is filed. This request must be submitted within 48 months from the date of filing or the priority date, whichever is earlier.

Once the request is filed, the application is reviewed by a patent examiner, who then issues an examination report outlining any objections. You must respond to this report within 12 months of its issuance. If necessary, the examiner may call you or your patent agent for a hearing to address the objections. This stage is commonly referred to as the patent prosecution phase.

Step 6: Grant of Patent to Invention

Once you address all the objections in the examination report and the examiner finally becomes satisfied with your response, the patent application is prepared for the patent registration’s grant. This puts an end to the process of registration of patent in India.

However, in the event that the examiner isn’t satisfied with the response and arguments put forth by you (applicant), they can reject the patent application. In this case, you will need to repeat the entire patent procedure in India to seek patent protection all over again. 

Conclusion

A patent grants an investor the exclusive right to their invention. It prevents their work from being copied by others and presenting it as their own. Additionally, it also makes you eligible for royalty. Once the Indian Patent Office grants you patent approval, you can remain stress-free as your invention is legally protected from unauthorized use, replication, or commercial exploitation by others for a period of 20 years.

FAQs about Indian Patent Registration

Q1. How to register patent in India?

A. To register a patent in India, you must file an application with the Patent Office in India.

Q2. What is the validity of the patent?

A. Once the Indian Patent Office grants you patent approval, your patent remains valid for a period of 20 years from the date of issuance. 

Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.