Priority date protection: Filing a provisional patent application immediately secures your priority date — giving you 12 months to develop and file your complete specification while preserving your filing date.
What is a Patent?
A patent is an exclusive right granted by the government to an inventor for a new invention, product or process under the Patents Act, 1970. It gives the patent holder the right to prevent others from making, using, selling or importing the patented invention in India for a period of 20 years from the date of filing.
In exchange for this monopoly, the inventor publicly discloses the details of the invention — contributing to the pool of technical knowledge. Once the patent expires, the invention enters the public domain and can be freely used by anyone.
What Can Be Patented?
- New products — machines, devices and manufactured articles
- New processes — industrial methods and chemical processes
- Compositions of matter — chemical compounds, alloys and formulations
- Improvements on existing inventions (if novel and inventive)
- Biotechnology inventions — microorganisms and biological processes
- Software-related inventions with a technical character and effect
Three criteria for patentability: An invention must be (1) Novel — not disclosed anywhere in the world before the filing date; (2) Inventive — not obvious to a person skilled in the field; and (3) Industrially applicable — capable of being made or used in industry.
Patent Filing Options in India
Filed to secure a priority date immediately. Gives 12 months to file the complete specification. Ideal when the invention is still being developed or refined.
Filed with full claims, description and drawings. Can be filed directly without a provisional application if the invention is fully developed.
Filed under the Patent Cooperation Treaty to seek patent protection in 150+ countries simultaneously using a single application — 30 months to enter national phases.
Filed within 12 months of a foreign application to claim that earlier priority date in India under the Paris Convention.
Patent Registration Process
The patent process requires expert drafting and active prosecution before the Indian Patent Office. We handle every stage from prior art search to grant of patent.
Confidential Disclosure
You share invention details with us under strict confidentiality
Prior Art Search
We search existing patents to assess novelty and inventive step
Patent Drafting
Complete specification with claims, drawings and abstract drafted
Filing
Application filed before the appropriate Indian Patent Office
Publication
Application published 18 months after filing or priority date
Examination
Request for examination filed — First Examination Report issued
Prosecution
We respond to objections in the examination report with arguments
Patent Granted
Patent sealed — 20-year exclusive protection begins from filing date
Documents Required
Critical — Do not disclose before filing: Never publicly disclose your invention before filing — including on your website, in a journal article or at a conference. Any prior disclosure anywhere in the world destroys novelty and makes the invention unpatentable. Always consult us before any public disclosure.
Frequently Asked Questions
How long does patent protection last in India?
A patent is granted for 20 years from the date of filing the patent application — not the date of grant. Annual renewal fees must be paid every year to keep the patent in force. Failure to pay renewal fees results in the patent lapsing, after which the invention enters the public domain.
What is the difference between a provisional and complete patent application?
A provisional application is filed to secure a priority date when your invention is not yet fully developed. It gives you 12 months to file the complete specification with full claims, detailed description and drawings. The complete application is the formal filing that leads to grant of the patent after examination.
Can software be patented in India?
Pure computer programs "as such" are excluded from patentability in India under Section 3(k) of the Patents Act, 1970. However, software inventions that have a technical character — producing a technical effect beyond normal physical interaction — may be patentable. We assess each software invention on its specific technical merits.
What is a PCT application and why should I file one?
A PCT (Patent Cooperation Treaty) application allows you to seek patent protection in 150+ countries simultaneously with a single filing through WIPO. It provides 30 months from the priority date to enter individual national phases, giving you time to assess commercial potential before committing to the cost of multiple national filings.
Can I disclose my invention before filing a patent?
No — this is critical. Any public disclosure anywhere in the world before the filing date destroys the novelty of your invention and makes it unpatentable. This includes sharing on social media, presenting at conferences, publishing in journals, or even discussing with potential investors without an NDA. Always consult us before any public disclosure.
Official Resource: For official information, visit the Indian Patent Office, IP India — the authoritative government source for IP matters in India.