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Patent

Patent Registration

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Patent Filing and Registration Services in India

Do you have a unique invention in fields such as pharmaceuticals, biotechnology, medical devices, electronics, mechanical engineering, chemicals, or renewable energy?
Protecting your innovation through patent filing and registration in India ensures that your intellectual property remains legally protected and commercially valuable.
At Brainiac IP Solutions, our team of experienced patent professionals assists inventors, startups, research institutions, and companies in securing patent protection. We guide clients through every stage of the patent registration process in India, from conducting prior-art searches to drafting, filing, prosecution, and maintenance of patents.

What is a Patent?

A patent is an exclusive right granted for an invention that provides an inventor with the exclusive authority to make, use, and sell an invention for a specified period of time. This protection ensures that others cannot commercially exploit the invention without the permission of the patent holder. In India, patents are granted in accordance with the provisions of the Indian Patents Act, 1970.
The primary objective of the patent system is to encourage innovation and technological development by providing inventors with legal protection for their creations. In return for this protection, the inventor must disclose the details of the invention to the public through the patent application.

Who Can File a Patent in India?

Under Section 6 of the Indian Patents Act, 1970, an application for a patent for an invention may be made by the following persons:

True and First Inventor: Any person claiming to be the true and first inventor of the invention is entitled to file a patent application in India.

Assignee of the Inventor: A patent application may also be filed by any person who is the assignee of the person claiming to be the true and first inventor, in respect of the right to make such an application.

Legal Representative of a Deceased Person: In cases where the inventor has passed away, the legal representative of the deceased person, who immediately before his death was entitled to make such an application, may file the patent application on behalf of the inventor.

Further, a patent application may be made either individually or jointly with any other person, depending on the ownership or contribution towards the invention.

Patent Filing Procedure in India – Step by Step

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.

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PCT Filing Application India

Patent Freedom To Operate Search

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Patentability Search (Prior Act)

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.

Application for Grant of Patent

Form 1: Provides details about the inventors and applicants.

Patent Specification Form

Form 2: Includes a complete description of the invention.

Statement and Undertaking

Form 3: Required for foreign filings.

Declaration of Inventorship

Form 5: Confirms the inventorship.

Normal request for Examination

Form 18: Required for examination of the application from the patent office

Request for Expedite Examination

Form 18 A: Can file if the applicant qualifies for it.

Authorization of Patent Agent

Form 26: Needed if a patent agent in India represents you.

Proof of Evidence

Form 28: Required for start-ups, small entities, and Educational Institutes to claim discounts on fees.

Advantages of Getting Patent Registration in India

Obtaining patent protection provides significant legal and commercial benefits to inventors, startups, and businesses. Under the provisions of the Indian Patents Act, 1970, a granted patent gives the inventor exclusive rights over the invention for a limited period, allowing them to protect and commercially benefit from their innovation. Some of the key advantages of obtaining patent registration in India are as follows:

Exclusive Rights Over the Invention: A patent grants the inventor exclusive rights to make, use, sell, or license the invention for a period of 20 years from the filing date. This prevents others from using the invention without the permission of the patent holder.

Legal Protection Against Infringement: Patent registration provides strong legal protection against unauthorized use or copying of the invention. The patent holder can take legal action against any individual or organization that infringes upon the patented technology.

Commercial and Financial Value: A patented invention can become a valuable intellectual property asset. Patents can be licensed, assigned, or commercialized, allowing the inventor or company to generate revenue through royalties or technology transfer.

Encourages Innovation and Research: The patent system encourages inventors and organizations to invest in research and development (R&D) by providing legal protection and recognition for new inventions.

Global Expansion Opportunities: Once a patent application is filed in India, the inventor may also seek protection in other countries through international filing systems such as the Patent Cooperation Treaty, enabling broader protection for the invention.

Overall, patent registration plays a crucial role in protecting innovations, encouraging technological advancement, and creating commercial opportunities for inventors and businesses.

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Why choose us?

We are one of the leading patent filing companies in India, specializing in all industries, including pharma, biotech, medical devices, mechanical, electronics, chemicals, and renewable energy. From application filing to grant and maintenance, we ensure your invention is fully protected.

Locations We Serve (India): Bangalore, Hyderabad, Pune, Mumbai, Delhi NCR, Chennai, Ahmedabad
International Clients: USA, UK, Canada, Singapore, Germany, Dubai

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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