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Patent Filing and Registration Services in India

If you have a novel, useful, and non-obvious invention, it’s time to protect it through patent filing in India. Securing a patent ensures that your intellectual property is safeguarded, preventing others from using your invention without permission. Our team of patent professionals will assist you throughout the patent filing procedure in India, ensuring compliance with all legal requirements and guiding you through the necessary documentation.

Patent filing procedure in India

The patent registration process in India involves several critical steps. Our expert team will help you navigate the patent filing process in India smoothly.

1. Prior Art Search

Before filing, we conduct a thorough search to check for existing patents that may affect the novelty of your invention. This step is crucial to determine whether your invention qualifies for patent registration in India. Will also help in saving further investment on patenting if the report is negative.

2. Drafting the Patent Application

A well-drafted patent application is essential for defining the scope of your invention. We help you draft the application to meet legal standards and protect your invention effectively. Valuation of your patent increase with well drafted claims.

3. Filing the Application

Once ready, the patent application in India can be filed online.. We ensure your application is filed efficiently, considering the cost for filing a patent in India. With 12 months you can decide and file the same application out of India, there is no extension beyond 12 months for filing out of India.

4. Publication

Once filed, the application gets published in the Official Journal of the Indian Patent Office after 18 months from the filing or priority date. Early publication can also be requested to get the patent published earlier.

5. Request for Examination

The application then enters the examination phase, where the Indian Patent Office assesses its novelty, inventiveness, and industrial applicability. A request for examination must be filed within 31 months, to get the patent application examined.

6. Examinations & Response

If the Patent Office raises objections, you must respond within six months. We assist in addressing these objections, ensuring a smooth patent registration process in India.

7. Hearing

The patent office schedules the hearing if there are still some objections needs to be addressed after office action response. The hearing response should be filed within 15 days from the hearing date.

8. Grant or Refusal

If all objections are cleared, the patent is granted. In case of rejection, you can appeal the decision.

9. Maintenance & Renewal

After the patent is granted, annual maintenance fees must be paid for 20 years starting from the third year from the filing or priority date to keep it in force.

Required Documents for Patent Registration

To ensure a seamless patent filing in India, the following documents are necessary. These documents are essential for filing a patent application till getting a grant in India.

01 Application for Grant of Patent
Form 1: Provides details about the inventors and applicants.
02 Patent Specification Form
Form 2: Includes a complete description of the invention.
03 Statement and Undertaking
Form 3: Required for foreign filings.
04 Declaration of Inventorship
Form 5: Confirms the inventorship.
05 Normal request for Examination
Form 18: Required for examination of the application from the patent office
06 Request for Expedite Examination
Form 18 A: Can file if the applicant qualifies for it.
07 Authorization of Patent Agent
Form 26: Needed if a patent agent in India represents you.
08 Proof of Evidence
Form 28: Required for start-ups, small entities, and Educational Institutes to claim discounts on fees.
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Why choose us?

Our team of professionals specializes in patent filing in India, with extensive experience in the patent filing process in India. We are one of the top patent filing companies in India, offering comprehensive services for all types of inventions, including all domains and product and process patents in India.
From the moment you decide to apply for a patent in India till the patent grant and even after grant to keep the patent live, we guide you every step of the way, ensuring your invention is well-protected. Whether you’re looking for filing a patent application in India or to file it globally, our experts are here to assist.

If you have a unique invention, and looking to apply for a patent, contact us today. Let us help you protect your intellectual property with our professional patent filing services in India.

FAQ

What is a patent?

A patent is a form of intellectual property protection granted to an inventor for a new and useful invention, providing exclusive rights to the inventor for a limited period of time.

Who can file a patent application in India?

A patent application in India can be filed by the true inventor or their assignee. In case of joint inventors, they can file the application together or individually.

What can be patented?

Inventions that are novel, involve an inventive step, and have industrial applicability can be patented. This includes products, processes, methods, and compositions of matter.

How long does it take to obtain a patent in India?

The time frame for obtaining a patent in India can vary widely. On average, it may take around 3-5 years or even longer due to the examination process, backlogs, and potential objections.

Can I file a provisional patent application in India?

Yes, India allows for the filing of provisional patent applications. A provisional application establishes a priority date and provides some time to further develop the invention before filing a complete specification.

Grant or refusal?

If the patent office is satisfied with the response and finds the invention to be novel, inventive, and industrially applicable, a patent is granted. However, if the patent office is not convinced by the response or if the objections are not overcome, the application may be refused. The applicant has the option to appeal the decision before the Intellectual Property Appellate Board (IPAB).

Maintenance & renewal?

Once the patent is granted, the applicant needs to pay the prescribed maintenance fees to keep the patent in force. These fees are due annually starting from the 3rd year of the filing date.

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