How to get a patent in India?

Patent in India

A Patent in India is monopolistic protection granted for an invention that has novelty and industrial use. A patent in India gives its owner an exclusive right to commercially make, use, distribute, sell, or license the invention for financial gain. A patent in India is granted for an invention, which may be a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

The patent, in the eyes of the law, is an intellectual property right and it can be given away, inherited, sold, licensed, and can even be abandoned. A patent in India lasts for 20 years.

How much does it cost to get a Patent in India?

Who can apply for a Patent in India?

An application for Patent in India for an invention may be filed by any of the following persons either alone or jointly with any other person:

  • True and first inventor
  • True and first inventor’s assignee
  • Legal representative of deceased true and first inventor or his/her assignee

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Requirements for filing an application for a Patent in India

  • Name, address and nationality of each inventor and applicants
  • A copy of the Complete Specification which must include claims, abstract and drawings
  • Verified English translation of the priority documents
  • A Power of Attorney signed by an applicant or an authorized person of each applicant
  • Proof of Right: a document transferring the rights from inventor to the applicants
  • Information of the status of the patent applications filed in other jurisdictions for the same invention.

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Procedure of prosecuting a Patent in India

After filing an application for a Patent in India, examination must be requested within 48 months from the filing date.

​After requesting examination, it will typically be 12-18 months before a first examination report is issued. A response to the first examination report must be filed within six months of its date. The applicant must put the patent in order for grant within 12 months from the date of the first examination report.

​Following successful examination, the application will proceed to acceptance and third parties are provided with an opportunity to oppose the grant of a patent within 3 months of the advertisement of acceptance. If there is no opposition, a patent will be granted shortly thereafter.

Attorney fee for filing a Patent in India

Action based fee

  • Attorney fee for preparing and filing a Patent application in India
  • Additional fee for responding to office actions
  • Additional fee for preparing evidences and arguments
  • Additional fee for attending hearings with the examiner

Capped Flat fee

  • Attorney fee for preparing and filing a Patent application in India
  • No further fee for responding to office actions
  • No further fee for preparing evidences and arguments
  • No further fee for attending hearings with the examiner
Click here: Fee for INDIAN applicants in Rupees.

Official fee for filing a Patent in India

Action Particulars – in US DollarsIndividualLarge Firm
Filing application for Patent30130
For each additional priority30130
Each additional page over 300314
Each additional claim over 100628
Filing request for examination70300

Inventions that can be Patented in India

An invention must, in general, fulfill the following conditions to be protected by a patent in India.

  • The invention must be new, it must show an element of novelty that could not be deduced by a person with average knowledge of the technical field.
  • It must involve an inventive step.
  • It must be capable of being used or applied in trade or industry.

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Inventions that can not be patented in India

According to The Patents Act, 1970 the following inventions can not be patented:

  • Frivolous or claiming anything obviously contrary to established natural laws.
  • Contrary to public order or morality or prejudicial to life or environment.
  • Discovery of scientific principle or formulation or discovery of living or nonliving substance.
  • Discovery of a new form of property or use of a known substance or new use of a known process or machine or an apparatus not resulting in a new product.
  • Substance obtained from the admixture of known components resulting in the only aggregation of their properties.
  • Mere rearrangement or duplication of known devices.
  • A method of agriculture or horticulture.
  • Medical treatment or procedure of humans or animals.
  • Plants or animals or seeds and biological processes of production or prorogation of these.
  • Mathematical or business method or computer program or algorithm.
  • Artistic or aesthetic creation like literary, dramatic, musical, or cinematographic or television production.
  • Scheme or rule or method of performing any mental act or of a game.
  • Presentation of information.
  • Topography of integrated circuits.
  • Aggregation or duplication of known properties of components.
  • Inventions relating to atomic energy.

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A few of our distinguished clients

A few testimonials from our esteemed clients

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We were looking for a law firm to prepare and file a few patent applications in India along with international patent applications under PCT. I would not be wrong to say that we found the best in the business.
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CEO Of ESSAR OIL, India

Out of box thinking

We had been facing a long standing legal issue with our operations in India. After consulting various law firms over the years we were fortunate to come across Bhagnari & Co who finally helped us resolve the issue.
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CEO of AMC International, Switzerland

Outstanding service at budget price

We have been associated with Bhagnari & Co since last 10 years. Their service is not only outstanding but on top of that it is at a very budget friendly price. Moreover they are the domain experts in their fields. Highly recommended.
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Charted Accountant and financial analyst.

This article has been written by

Patent attorney in India

I, Mahesh Bhagnari, am the Managing Principal of the firm:

  • I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
  • I am licensed to practice at the Intellectual Property Office as a Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
  • I am licensed to practice as a Trademark attorney in India with Registration № 10742.
  • I have more than eighteen years of professional experience working in the field of Intellectual property.
Patent and Trademark attorney in India

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