Patenting in India

V. Vinayaka Ram
For Frequently asked questions:
https://ipindia.gov.in/writereaddata/portal/images/pdf/final_frequently_asked_questions_-patent.pdf
 Introduction
✓Microsoft bought 800 patents for 1.1 billion dollars from
AOL

✓Google bought Motorola Mobility for 12.5 billion dollars

✓ Groundbreaking inventions

✓Incremental inventions (Novelty and non-obviousness are

needed for these patents), it may look similar to the public
looking at it for the first time – Better than Prior art or the
things existing in the market
 Introduction
✓Patent Attorney drafts the application – Claims, drawings, patent specification.

✓A well-written patent application is half the success

✓Replying to examination reports, doing amendments to patent applications,

office actions, and hearings

✓Comprehensive invention disclosure and patentability search report – Attorney

✓Patent application is a techno-legal document

✓Descriptions, embodiments of the descriptions, describing the inventive step or

non-obviousness part of it
Listen to: https://www.youtube.com/@Patentinindia
✓ Good innovative ideas can be converted into a property
(intellectual property like a patent) by working on it to
create an invention, then protecting it by patent, and
then commercializing the patent to make profits.

✓ A good idea is a starting point, and there are steps and

actions to be taken to find out if it is capable of an invention
that can win a patent and if it has commercial potential in
the market to be profitable. this step does not cost any
money
 Rules for writing
✓Title, abstract, claims, detailed description, drawings, pages

✓Patent attorneys start with writing patent claims

✓Claims decide the boundaries within which your idea is protected

✓Claims are used to enforce your patents

✓To prevent your competitor from infringing on your rights

✓Claims should neither be too broad nor too narrow

✓Term of every patent granted from the date of filing of the application is 20 years
Write down the invention with as many details as possible

✓The invention must be non-obvious, involve an inventive

steps, and be capable of industrial application. It is
essential to document the invention in detail, including
drawings, specifications, and claims.

✓Before sharing the invention disclosure or before

discussing bout your invention in a meeting or over the
phone, you should sign a Non-Disclosure
Agreement (NDA)
Write down the invention with as many details as possible
✓A non-disclosure agreement is an agreement that a
patent agent/attorney or an Intellectual Property firm has
with you to protect the confidentiality of your invention.

✓In other words, the patent attorney is making a non-

disclosure agreement with you (inventor) and agreeing to
keep your invention confidential/secret and not misuse it.

✓It is for your safety and confidentiality, and there is no

(zero) cost for signing the NDA.
 Novelty Search / Patentability search
(Not mandatory at your level)

✓Costs: the professional fees for patent professionals can

range from Rs. 12,000 to Rs. 15,000 for performing a
patentability search

✓Time: The time required is about 5-7 working days

✓Note: Despite all these benefits of the patentability

search, this is an optional step. You can directly file the
patent application without going for a patentability search
 Patent Application Drafting
✓ Cost: the professional fees for a patent
attorney range from Rs. 25,000 to Rs. 40,000
for patent drafting or writing

✓ Time: the time required is about 8-15 working

days
 Filing the Patent Application
✓When a patent is drafted and reviewed by you (the inventor), it
would be filed in the government patent office, and a receipt
would be generated with the patent application number. You may
check the documents required to file a patent in India.

✓When you file a patent application in the patent office, you can
write patent pending, patent applied, or patent application
number for your product/service. It serves many purposes, like:

• Establishing you / your firm as an expert in the industry in the minds of

your customers since you have applied for a patent
 Filing the Patent Application
• Employees, clients, banks, and even investors consider you or
your firm with different weightage when they see the patent
application number

• Writing “patent pending” on product/packaging or on the website

would be a message to competitors who would rethink
copying your invention

• And most importantly, once you file a patent in the patent office,
you are free from the fear of others copying your idea or
invention, since you have secured the priority date or the first
filing date in the patent office
 Publication of the application
✓Upon filing the complete specification along with the
application for patent, the application is published 18
months after the first filing

✓If you don’t want to wait till the expiry of 18 months,

an early publication request can be made along with
prescribed fees

✓Generally, the patent application is published within

one month of the request for early publication
 Request for examination
✓The patent application is examined only after receiving a
request for examination (RFE). The Patent examiner will
examine the application with patentability criteria, such as

✓Does the invention belong to Patentable subject matter?

✓Does it have Novelty?

✓Does it have Non-obviousness or an Inventive step?

✓Is it capable of Industrial application?

 Request for examination
• The examiner creates a first examination report (FER) of the patent
application upon reviewing it for the above terms.

• Every step taken with a patent application before the grant of a patent is
generally called patent prosecution.

• The controller handles FER report

• FER contains prior art (existing documents before the filing date) that are
similar to the claimed invention, and the same is reported to the patent
applicant (you).

• Form 18: The fees for a request for examination RFE through e-Filing
 Respond to objections
• The majority of patent applicants will receive some type of objections,
which will be mentioned in the FER

• You should analyze and understand the examination report with a

patent attorney (patent agent) and create a written response to the
objections raised in the examination report.

• The inventor and patent agent create and send a response to the
examination that tries to prove to the controller that their invention is
indeed patentable and satisfies all patentability criteria. Physical
hearing or video conferencing is scheduled if needed
 Grant of patent

✓ The Patent application would be placed in order for a

grant once it is found to meet all patentability
requirements.

✓ The patent grant is notified in the patent journal,

which is published occasionally
 Non-Indian Patent Application Websites for Indians
✓ WIPO PATENTSCOPE: (https://patentscope.wipo.int/) - Global patent
search, including PCT applications.
✓ EPO Espacenet: (https://worldwide.espacenet.com/) - European and
worldwide patent database.
✓ USPTO: (https://www.uspto.gov/) - US Patent Office; also provides
international patent search resources.
✓ Intellectual Property India: (https://ipindia.gov.in/) - Official Indian
Patent Office; essential for Foreign Filing License (FFL).
 Non-Indian Patent Application Websites for Indians
Key Considerations for Indian Applicants:

✓ Foreign Filing License (FFL): Generally required before directly filing abroad
(Form-25 on IP India website).

✓ Patent Cooperation Treaty (PCT): (https://www.wipo.int/pct/en/) - Single

international application for multiple countries.

✓ Paris Convention: Claim priority within 12 months of Indian filing.

✓ Direct Filing: Apply directly in specific countries.

✓ Seek Professional Help: Patent attorneys/agents are highly recommended for

international filings.
 Indian Patents – Good News
Surging Applications: India sees a consistent rise in patent applications, reaching
92,000 in FY 2023-24 and 106,231 published in 2024 (60% increase from 2023).
Average of ~40,800 yearly filings (2018-Jan 2025).

Growing Domestic Filing: Resident filings exceeded foreign filings in FY 2022-23

and constituted over half (55.2%) in 2023.

Top Sectors (2023): Pharma (25%), IT/Software (20%), Mechanical Engineering

(15%).

Significant Grant Increase: Patent grants are also sharply rising, with 103,057 in
FY 2023-24 and 76,053 in 2023 (220% jump from 2019). Average of 48,000 yearly
grants (2018-Jan 2025).
 Indian Patents – Good News
High Grant Rate (2023): Approximately 80% of processed applications were
granted.

More Non-Resident Grants (2023): Non-residents received more grants (59,122)

than residents (16,931).

Improved Efficiency: Publication increased (60% in 2024

Improving Global Standing: India's Global Innovation Index ranking is improving

(top 40 in 2023), and it's a top 10 country for IP filings.
 TYPES OF PATENTS
Standard Patents (often called Utility Patents): This is the most common
type and protects the functional aspects of an invention (how it works).
In India, the term "standard patent" is generally used to refer to this.
Design Patents (Industrial Designs): These protect the ornamental or
aesthetic appearance of an article. They are distinct from
standard/utility patents as they focus on how something looks, not how
it functions.
Patents of Addition: This is a specific type of patent granted for
improvements or modifications to an existing invention for which the
applicant already has a patent or a pending patent application. It's
dependent on the "main invention."
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