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A patent is an exclusive right granted by the Government to an Applicant or a group of Applicants for a period of 20 years, in exchange for a complete disclosure of the invention. In return for the monopoly, the applicant must fully disclose how the invention works, so that society can build upon it after the patent expires.

The Patents Act, 1970, as amended (notably in 1999, 2002, 2005 and 2025, with the Patents (Amendment) Rules updated periodically — most recently in 2024), together with the Patents Rules made thereunder.

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), functioning under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India.

The Indian Patent Office has four branches — at Kolkata (head office), Chennai, Mumbai and New Delhi — each with jurisdiction over specified territories, and a design wing at Kolkata.

Yes. With online e-filing, an applicant may file at any branch of the Patent Office irrespective of territorial jurisdiction. For physical filings, the appropriate office is determined by the applicant’s address, place of business, or the origin of the invention.

Hindi or English. If the application is filed in Hindi, the applicant must furnish an English translation of the claims and abstract as prescribed.

An invention must satisfy three tests: novelty (not disclosed to the public anywhere before the filing/priority date), inventive step (a technical advance or economic significance that would not be obvious to a person skilled in the art), and industrial applicability (capable of being made or used in an industry). It must also not fall within the exclusions of Sections 3 and 4 of the Patents Act.

Novelty means the invention has not been anticipated by prior art — i.e., it has not been published in India or elsewhere, or publicly used or otherwise made available to the public, before the date of filing or priority. Even the inventor’s own publication before filing destroys novelty, which is why filing before disclosure is critical.

Under Section 2(ja), an inventive step is a feature of an invention that involves technical advance as compared to the existing knowledge, or has economic significance, AND makes the invention not obvious to a person skilled in the art. It is the difference between a skilled improvement and a genuine contribution.

A hypothetical practitioner having ordinary skill and common general knowledge in the relevant technical field — neither a novice nor a genius. Obviousness is judged from this person’s perspective.

The invention must be capable of being made or used in any industry — agriculture included. Abstract ideas, mere discoveries and non-working concepts fail this test (and usually Sections 3(a) and 3(c) as well).

Section 3 lists the principal exclusions: inventions contrary to natural laws (3(a)), morality or public order (3(b)), mere discoveries and scientific principles (3(c)), new forms of known substances without enhanced efficacy (3(d)), mere admixtures without synergy (3(e)), mere arrangements of known devices (3(f)), agricultural/horticultural methods (3(h)), methods of medical treatment (3(i)), plants/animals and essentially biological processes (3(j)), mathematical/business methods and computer programs per se (3(k)), literary/artistic works (3(l)), mental acts and game rules (3(m), presentations of information (3(n), topographies of integrated circuits (3(o)), traditional knowledge (3(p)) and certain atomic energy inventions (3(q)). Section 4 separately excludes inventions relevant to atomic energy.

Section 3(d) permits patents for new forms of known substances if they differ significantly in efficacy. For pharmaceuticals, the courts (Novartis AG v. Union of India, the Glivec case) require evidence of enhanced therapeutic efficacy — not merely improved bioavailability or stability, unless it translates to a better therapeutic outcome. Comparative experimental data against the known substance is essential.

(1) Draft and file the patent application (provisional or complete specification); (2) the application is published after 18 months (or earlier on request); (3) a Request for Examination is filed; (4) the First Examination Report (FER) issues with objections; (5) the applicant responds within 6 months (extendable by up to 3 months); (6) the application proceeds to grant or refusal, with pre-grant and post-grant opposition windows along the way.

For official fees, applicants fall into two categories: (1) natural persons, DPIIT-recognised startups, MSMEs (with Udyam registration), educational institutions, and government entities — who pay reduced fees; and (2) all others (companies not qualifying as small entities, foreign corporations except where relief is available), who pay higher fees.

Provisional specification applications, complete specification applications (including those following a provisional), Convention applications (claiming Paris Convention priority), PCT national phase applications, divisional applications, and patents of addition.

Electronically through the Patent Office e-filing portal (preferred — with a 10% fee saving over physical filing), physically at the appropriate Patent Office branch, or through a Registered Patent Agent. We file electronically for all our clients.

A provisional specification records the substance of the invention on the filing date without claims or full claims, giving the applicant 12 months to file the complete specification. It is ideal for locking a priority date while the invention is still maturing — but it must disclose the invention adequately; a PS that hides the ball helps no one.

Yes. Where the Patent Office is closed on the last day for doing any act, the act may be done on the next working day on which the Office is open, and the deadline is treated as met.

Disclose the invention as broadly and completely as its current maturity allows — including drawings where useful. Anything not captured in the priority filing cannot be added later without risking a new-filing date, so err on the side of disclosure.

Under Section 10: the title, an abstract, claims defining the scope of protection, and a description that sufficiently describes the invention, the best method of performing it, and enough detail for a person skilled in the art to carry it out. Claims are the legal boundary — they are crafted, not typed.

Any person claiming to be the true and first inventor; the assignee of the inventor; the legal representative of a deceased inventor; or a person being the applicant in a corresponding application — directly, or through a Registered Patent Agent.

Yes. Where the invention uses biological material not fully describable in the specification, it must be deposited with an International Depository Authority; the source and geographical origin of biological material must be disclosed; and permissions under the Biological Diversity Act may apply, particularly for Indian biological resources.

With an International Depository Authority (IDA) recognised under the Budapest Treaty — India hosts recognised repositories such as the Microbial Type Culture Collection (MTCC) at IMTECH, Chandigarh, and the National Centre for Cell Science, Pune, among others.

Automatically 18 months after the filing date or priority date (whichever is earlier), in the Patent Office Journal. Early publication can be requested on Form 9, which accelerates the application into examination readiness.

Deferred examination. An application is examined only upon a Request for Examination (Form 18) filed within 48 months from the priority date (Form 18A for expedited examination, available to eligible applicants such as startups, women applicants, small entities, and government departments).

Novelty, inventive step and industrial applicability; compliance with Sections 3 and 4; unity of invention; sufficiency of disclosure and clarity of claims; and formal requirements under the Act and Rules.

The response to the First Examination Report must be filed within 6 months, extendable by up to 3 months on request. Failure results in the application being deemed abandoned.

20 years from the date of filing of the complete specification (for PCT national phase and Convention applications, 20 years from the corresponding international/first filing — i.e., the actual filing date in India, not the priority date, for convention applications filed in India).

No. Annuities are payable only after grant. Renewal fees accrue from the beginning of the 3rd year, and at grant the accumulated renewals for the elapsed years must be paid to bring the patent into force.

Renewal fees fall due from the 3rd year onward, every year, until the end of the 20-year term. They can be paid in advance in lump sums, which is administratively convenient and avoids lapses.

Payment of renewal fees; filing of working statements (Form 27) at prescribed intervals; keeping the address for service current; and, where relevant, compliance with any conditions in the grant. Non-working statements can expose the patent to compulsory licensing exposure.

No. Unlike some jurisdictions, India does not provide patent term extensions or supplementary protection certificates for pharmaceutical (or any other) patents.

Pre-grant opposition (Section 25(1)) — by any person, at any time after publication but before grant; and post-grant opposition (Section 25(2)) — by a person concerned or aggrieved, within 12 months of the publication of the grant.

Section 25 lists them: wrongful obtaining of the invention; lack of novelty; obviousness/inventive step lack; exclusion under Sections 3/4; insufficient disclosure; that the applicant is not the true inventor; misrepresentation of source/geographical origin of biological material; and traditional knowledge anticipation, among others.

Under Section 16 — when an application claims more than one invention (voluntary division), or when the Office raises a unity-of-invention objection requiring division (division in obedience to objection).

A divisional application is examined like any other — it needs its own Request for Examination and fee, and its claims must be distinct from the parent. Once granted, renewal fees apply on the same schedule as ordinary patents.

An improvement in, or modification of, an already-claimed invention (Section 54). It need not involve an inventive step over the main invention, carries no separate renewal fees, and remains in force as long as the main patent — an efficient tool for covering product iterations.

Yes to both — India has been a Paris Convention member since 1998 and a PCT member since 1998 as well. Convention applications must be filed in India within 12 months of the first filing, and PCT national phase entry is available until 31 months from the priority date.

Claims may be amended under PCT Article 28/41 to remove inconsistencies with the international application’s translations; further amendments of the specification are possible under Section 57 within the prescribed windows.

Only with compliance to Section 39: either file first in India and wait six weeks (absent a secrecy direction), or obtain a Foreign Filing Permission from the Controller (Form 25). Breach attracts penalties under Section 118. We routinely secure FFPs for our clients.

A trade mark is a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. It may include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours, sound, or even smell.

The Trade Marks Act, 1999, administered by the Office of the CGPDTM through the Trade Marks Registry (headquartered at Mumbai, with branches including Chennai).

™ signifies a claimed (unregistered) trade mark; ® may be used only once the mark is registered. Using ® before registration is an offence in India.

An unopposed application typically registers in roughly 8–18 months, depending on examination pendency and objections. Registration is valid for 10 years and is renewable indefinitely, 10 years at a time.

A professional search reveals identical or similar earlier marks that could trigger Section 11 refusal or opposition — before you invest in branding, printing and filing. A knock-out search costs a fraction of a re-brand.

Yes — India is a member of the Madrid Protocol, so a single international application through the Indian Trade Marks Registry can extend protection to 100+ territories. Direct national filings remain an option where Madrid is unsuitable. We handle both through our associate network.

Under the Designs Act, 2000, a design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article — whether two-dimensional or three-dimensional — which in the finished article appeal to and are judged solely by the eye. It does not include any mode or principle of construction or anything that is in substance a mere mechanical device.

10 years from the date of registration, extendable by a further 5 years on application — a maximum of 15 years.

A patent protects function (how a product works); a design protects appearance (how a product looks). A functional feature cannot be monopolised by design registration, and an aesthetic feature is not the stuff of patent claims — but the same product can carry both rights.

Designs that are not new or original; designs disclosed to the public anywhere in India or abroad before filing; purely functional/mechanical devices; designs contrary to public order or morality; and scandalous designs. Prior publication — including exhibition or sale — is the classic trap.

Under the Copyright Act, 1957, copyright protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Computer programs are protected as literary works.

No — copyright subsists from the moment the work is created. Registration is, however, strong prima facie evidence of ownership in disputes and is highly recommended before licensing, publishing or enforcement.

For literary, dramatic, musical and artistic works: the lifetime of the author plus 60 years (counted from the year following the author’s death). Films, sound recordings, photographs and posthumous works follow their own 60-year rules.

Yes — source code is protected as a literary work. Registration covers the code as written; for functional protection of algorithms or technical effects, consider patent protection alongside. We advise on the right mix routinely.

Yes. Schedule an initial free consultation — walk in with your ideas and walk out with strategies. Use the "Schedule Consultation" button anywhere on this site or call us.

We operate from Chennai (Guindy) and Coimbatore (TNAU Campus) and serve clients across India and abroad, with an associate network for foreign filings. All matters can be handled remotely with secure digital workflows.

Yes — as Registered Patent Facilitators under the Startups Intellectual Property Protection (SIPP) scheme, DPIIT-recognised startups can avail our patent services with statutory fees only; professional charges are borne by the Central Government (terms and conditions apply). Are you a startup with an idea? Reach us and we will handle the rest, at no professional charges.

Absolutely confidential. As registered professionals we are bound by statutory and ethical duties of confidentiality; we are also happy to execute an NDA before you share anything sensitive. We recommend, however, filing before any public disclosure — confidentiality protects the conversation; filing protects the invention.

Submit the inquiry form on our Contact page, call (+91) 98439 72738 or (+91) 98848 76059, or e-mail prk.quadriga@gmail.com / viswanath.venkatesh@gmail.com. We respond with a scope note, timeline and transparent fee estimate before any engagement.