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.
In India, an invention is patentable if it meets all three key criteria
Under Sections 3 and 4 of the Indian Patents Act, the following cannot be patented, even if they meet the above criteria:
The following individuals or entities are eligible to file a patent application in India:
Benefits of Registering a Patent
Registering a patent offers several important advantages to the patentee:
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