Patent Registration
Recommendedexclusive of Govt Fee and Stamp Duties
Starting from₹15499
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Secure patent registration for your inventions and innovations.
Select the option that matches your requirement. Our team will confirm the scope before starting your application.
exclusive of Govt Fee and Stamp Duties
Government fees and third-party charges apply where mentioned.
Patents play an important role in protecting new and inventive products and processes. In India, patent applications, examination, grant, maintenance, and enforcement are governed principally by the Patents Act, 1970 and the Patents Rules, 2003, as amended.
A carefully prepared patent application can help an inventor or business secure exclusive statutory rights while disclosing the invention in the manner required by law. The scope and strength of protection depend substantially on the specification and claims filed with the Patent Office.
At LegallensIndia, our professionals assist with prior-art searches, patentability assessment, specification drafting, online filing, examination responses, hearings, grant, renewal, and portfolio management.
Ready to safeguard your innovation? Let LegallensIndia guide you through the Indian patent-registration process.
A patent is a statutory right granted for an invention that satisfies the applicable requirements of novelty, inventive step, and industrial applicability and is not excluded from patentability. It enables the patentee to prevent specified unauthorised acts involving the patented product or process during the patent term.
A patent does not automatically grant unrestricted permission to commercialise an invention. Other patents, regulations, licences, safety rules, and third-party rights may still affect manufacture or sale. Patent protection is territorial and must be pursued in each country or region where protection is required.
Patent registration is a formal process through which an applicant discloses an invention and requests exclusive rights from the Indian Patent Office. The application includes a technical specification that explains the invention and claims defining the legal scope of protection sought.
Filing alone does not create a granted patent. The application must be published, a request for examination must be filed, objections must be resolved, and the Controller must be satisfied that the statutory requirements are met before a patent is granted.
Patentability depends on the claimed invention as a whole, its prior art, technical contribution, and the exclusions under Indian patent law. Potentially eligible subject matter can include:
New and inventive machinery, tools, apparatus, electronic devices, components, materials, chemicals, pharmaceutical products, and other tangible inventions may qualify when the legal requirements are satisfied.
A new industrial, manufacturing, chemical, technical, or other eligible process may be patentable when it produces a technical result and is not excluded by the Patents Act.
Innovative mechanical arrangements, mechanisms, structures, and functional combinations may receive protection if they are novel, non-obvious, useful, and sufficiently disclosed.
An article produced through a new method or having new and inventive technical properties may be eligible for patent protection.
New compounds, compositions, formulations, and eligible processes may qualify, subject to enhanced-efficacy, known-substance, method-of-treatment, and other statutory restrictions.
Eligible microorganisms, biological processes, engineered materials, diagnostic tools, and other biotechnology inventions may be considered, subject to exclusions involving plants, animals, traditional knowledge, biodiversity compliance, and morality.
Computer-related inventions require careful analysis because mathematical or business methods and computer programs per se are excluded. Protection may be considered where the claimed invention demonstrates a qualifying technical contribution and satisfies all statutory requirements.
Sections 3 and 4 of the Patents Act exclude specified subject matter from patentability. The exclusions include, among other things:
Patentability is highly claim-specific. A patent professional should review the technical features and prior art before any conclusion is reached.
The claimed invention must be new and must not have been anticipated by prior publication, public use, prior claiming, or another relevant form of prior art before the applicable priority date.
The invention must involve a technical advance, economic significance, or both, and must not be obvious to a person skilled in the relevant art when considered against the prior art.
The invention must be capable of being made or used in an industry and must have a practical and credible utility.
The invention must not fall entirely within an exclusion under Sections 3 or 4 of the Patents Act.
The complete specification must fully and particularly describe the invention, its operation or use, the method of performing it, and the best method known to the applicant, and must conclude with clear claims.
The applicant must be the true and first inventor, the inventor's assignee, or the legal representative of a deceased person entitled to apply, with supporting proof where required.
The term of an Indian patent is generally 20 years from the filing date of the patent application. For a PCT national-phase application, the term is calculated from the international filing date.
The patent remains enforceable during its term only if the applicable renewal fees are paid and the patent is not revoked, surrendered, or otherwise rendered ineffective. After expiry, the patented subject matter enters the public domain, subject to any other subsisting rights.
| Document or Form | Purpose |
|---|---|
| Form 1 | Application for grant of a patent. |
| Form 2 | Provisional or complete specification, including description, claims, abstract, and drawings where applicable. |
| Form 3 | Statement and undertaking concerning corresponding foreign applications under Section 8. |
| Form 5 | Declaration as to inventorship. |
| Proof of Right | Assignment, employment record, endorsement, or other document establishing the applicant's right to apply. |
| Form 26 | Authorisation of a patent agent or other authorised person. |
| Priority Documents | Evidence of priority for convention or PCT national-phase applications, where required. |
| Form 28 | Documents supporting startup or small-entity status where that category is claimed. |
| Biological-Material Details | Source and geographical origin disclosures and approvals where biological material is involved. |
| Technical Material | Invention disclosure, drawings, flowcharts, test data, prototypes, examples, and known prior art used to prepare the specification. |
Document the technical problem, solution, construction, operation, advantages, alternatives, examples, inventors, ownership, development history, and any past or planned public disclosure.
Search patent and non-patent literature to identify earlier disclosures and assess novelty and inventive step. The search informs claim strategy but cannot guarantee grant or validity.
Prepare a provisional or complete specification in technical and legal language. A complete specification includes the description, claims, abstract, and drawings where necessary and should disclose the best method known to the applicant.
File Form 1, Form 2, and the other applicable documents and fees electronically with the Indian Patent Office. The filing date can be critical to priority and patentability.
If a provisional specification is filed, a complete specification must generally be filed within 12 months. Failure to complete the application within the statutory period can cause it to be abandoned.
A patent application is ordinarily published after the statutory period unless an early-publication request is filed or an exception applies. Publication makes the application details available to the public.
The Patent Office examines an application only after a valid request for examination is filed in Form 18. Under the current amended rules, the request generally must be filed within 31 months from the filing or priority date, subject to transitional provisions applicable to earlier applications.
The examiner reviews patentability and formal compliance, and the Patent Office issues a First Examination Report identifying objections. The applicant must place the application in order for grant within the statutory period, subject to any permitted extension.
Prepare amendments, technical explanations, legal submissions, comparison with prior art, experimental evidence, and other material required to address the objections. A hearing may be scheduled if issues remain unresolved.
A pre-grant representation may be filed after publication and before grant by a person permitted under the Act. Post-grant opposition is also available to a person interested within the prescribed period and on statutory grounds.
When the Controller is satisfied that the application complies with the Act and Rules and no unresolved bar remains, the patent is granted, entered in the register, and published in the Patent Office Journal.
Jurisdiction generally depends on the residence, domicile, or place of business of the applicant first mentioned in the application, the place from which the invention originated, or—where a foreign applicant has no Indian business or domicile—the address for service in India or patent agent on record.
| Patent Office | Territorial Jurisdiction |
|---|---|
| Mumbai | Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh, and the Union Territories of Dadra and Nagar Haveli and Daman and Diu. |
| Chennai | Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Puducherry, and Lakshadweep. |
| New Delhi | Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Delhi, Chandigarh, Jammu and Kashmir, and Ladakh. |
| Kolkata | The rest of India. |
Renewal fees must be paid to keep a granted patent in force. Indian patent renewal is generally an annual maintenance requirement, beginning with the year prescribed under the Act and Rules and continuing for the remaining patent term.
A patent that has ceased due to failure to pay a renewal fee may be eligible for restoration when the statutory conditions are satisfied. The restoration process generally includes:
Our team reviews the invention and searches relevant patent and non-patent literature to identify novelty and inventive-step risks before filing.
We coordinate technical and legal drafting of provisional and complete specifications, claims, abstracts, examples, and drawings tailored to the invention and filing strategy.
LegallensIndia helps prepare the prescribed forms, inventorship records, proof of right, authorisation, foreign-filing information, entity-status documents, and other required material.
We assist with e-filing, publication requests, examination requests, First Examination Report responses, amendments, hearings, and Patent Office communications.
Our professionals help assess pre-grant or post-grant opposition issues, organise evidence, prepare written submissions, and coordinate representation before the competent authority.
After grant, we help monitor renewal deadlines, ownership records, working requirements, licences, assignments, and other portfolio-management needs.
Patent registration can be technically and legally complex. A strong application requires a clear invention disclosure, careful prior-art analysis, a complete specification, appropriately drafted claims, and disciplined prosecution before the Patent Office.
LegallensIndia provides comprehensive assistance from the first patentability review through drafting, filing, examination, grant, renewal, and long-term patent management.
Turn your innovative concept into a protected intellectual property asset. Contact LegallensIndia to begin your Indian patent application.