Patent Overview


Before an invention is patented, it needs to fulfil the patentability requirements in India as laid down under The Patents Act. These include Novelty of the subject matter of the invention, Inventive Step or Non-Obviousness of the invention, and the Industrial Applicability of the invention. In addition to this, certain inventions, as laid down under Section 3 of The Patents Act, are not patentable.

After this, the first primary step is to conduct a thorough search to ensure the novelty of the invention. This is usually done by searching the database of the Indian Patent Office for existing patents and published applications. Depending on the scope of the invention, the search may also be performed on international databases such as WIPO or USPTO.

Drafting the patent application

The next step after confirming the patentability requirements in India  is patent application drafting in India, which involves drafting a detailed application with all specifications and claims. At this stage, the applicant may commence the patent application procedure. Indian applicants are required to complete Form 1 of the Indian Patent Application and furnish Form 2 patent specifications for each patent application. Applicants can choose between provisional and complete patent applications, depending on the stage of development of the invention. If the innovation is still being tested, it is advisable to file a provisional patent application, which allows a 12-month window to finish the invention and file a complete patent application.

Patent application drafting in India requires that the application include a full description of the invention, as well as any necessary drawings and schematics. It should also include a detailed explanation of how the idea works and how it differs from existing solutions. It is recommended to seek the aid of a patent agency or a patent attorney to design the patent application to ensure that it meets all requirements.

Filing the patent application in India

After the patent application has been drafted, it must be submitted to the Indian Patent Office with the required filing fee. The application can be submitted online or offline. The patent office will provide a receipt of the application acknowledgment. The patent application is required to be submitted along with multiple application forms, such as:

  • Form 1: Application for granting of a patent
  • Form 2: Specification of the form of the application, whether provisional or complete
  • Form 3: In compliance with Section 83, an undertaking and statement have to be provided regarding foreign applications, if a corresponding application is also filed in another country
  • Form 5: Declaration of the invention along with complete application and working of the invention
  • Form 26: If the applicant has opted for an agent to file the patent, a form authorizing the agent has to be filed
  • Form 28: This form is mandatory only if the applicant claims the status of a small entity or a start-up

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