Brief

A patent is a legal right granted by the government that offers exclusive protection for an invention for a limited duration. In return, the inventor must fully disclose the technical details of the invention to the public. Patents are territorial in nature, meaning they are only enforceable within the country where they are granted.

Holding a patent gives the inventor or patent holder the exclusive rights to prevent others from making, using, selling, offering for sale, or importing the patented product or process without authorization.

In India, the Patents Act, 1970 along with the Patents Rules, 1972 provides the legal framework for patent protection. These laws have been periodically updated to align with international standards and technological advancements, with significant amendments in 1999, 2002, 2005, 2016 and the following latest amendments:

  • 2020: Simplified priority document process using PCT mechanisms; extended the timeline for submitting working statements (Form 27) to six months after each financial year.

  • 2021: Slashed filing and prosecution fees by 80% for educational institutions and expanded expedited examination eligibility to include MSMEs, startups, female inventors, government departments, and others.

  • 2024: Accelerated examination by reducing the deadline to request examination to 31 months; simplified foreign application disclosures (Section 8 compliance); introduced Certificates of Inventorship; reduced frequency of working statements to once every three years; streamlined opposition procedures; offered a 10% renewal fee discount for advance electronic payments; and granted the Patent Controller discretionary authority to condone deadlines for up to six months.
intellectual property

In India, an invention is patentable if it meets all three key criteria

  • Novelty – It must be new and not publicly disclosed anywhere in the world.
  • Inventive Step – It should involve a non-obvious technical advancement or economic significance.
  • Industrial Applicability – It must be capable of being made or used in an industry.

  • The term of a patent in India is 20 years from the date of filing the patent application.

Under Sections 3 and 4 of the Indian Patents Act, the following cannot be patented, even if they meet the above criteria:

  • Scientific principles or abstract theories
  • Business methods, algorithms, or computer programs per se
  • Methods of treatment for humans or animals
  • Plants, animals (excluding microorganisms), and biological processes
  • Traditional knowledge or natural substances without enhanced efficacy
  • Inventions against public order, morality, or natural laws
  • Inventions related to atomic energy

The following individuals or entities are eligible to file a patent application in India:

  • The true and first inventor – either individually or jointly with others.
  • An assignee – a person or organization to whom the inventor has legally transferred the rights to apply.
  • A legal representative – of a deceased inventor who was entitled to apply before their death.

Benefits of Registering a Patent

Registering a patent offers several important advantages to the patentee:

  • Exclusive Rights
    The patentee holds exclusive rights to make, use, sell, or license the patented invention for 20 years.
  • Legal Protection
    The patentee (or an authorized licensee) can take legal action against unauthorized use or infringement.
  • Commercial Advantage
    Patents provide a competitive edge by preventing others from copying, using, or profiting from the invention without permission.
  • Monetization Opportunities
    A patent is an asset that can be licensed, assigned, or sold to generate revenue or attract investment.
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