Patents provide intellectual property rights protection to newly invented products, services, and processes. The patentability criteria involve:

1. Novelty which means the invention must be new;
2. Inventive step which means a technical advancement or economic significance or both; and,
3. Industrial applicability which means it can be made and used in any industry.

To enforce these rights, patents must be registered under the Indian Patent Act of 1970. The procedure of patent filing in India starts with conducting patent searches before the patent application is filed to determine the novelty of the invention. The patent can be filed in Indian Patent Office at any of its regional branches located in Delhi, Mumbai, Chennai, and Kolkata.

Depending on what stage of ideation is the inventor, patent applications can either be provisional or complete. Provisional application helps the applicant to get the priority date and the complete specification can be filed within 12 months of filing the provisional application. This is done to get some more time to work on the invention while preserving the novelty of the invention.A complete patent filing, on the other hand, includes complete disclosure of the patent.

Patent filing is required for several reasons such as legal protection, market advantage, financial opportunities and research and development incentives.

Stepwise Procedure for Patent Registration in India

Patent registration process can be completed in multiple stages, beginning from patent search to the issuance of patent grant certificate.

Here is a detailed explanation of the patent filing procedure in India:

Step 1: Patent Search

Patent Search is the first step of patent filing procedure in India and is conducted worldwide to determine the novelty of an invention. Generally, it is considered safe to do patent searches before patent application filing. If an invention is found in prior arts or closely resembling prior arts, then the novelty of that invention can be challenged by the Indian patent office and the application can be objected to. Therefore, it is important to perform prior patent searches to assess the chances of your patent getting approved by the patent office.

Step 2: Drafting Patent Specification

After conducting thorough searches worldwide, the specification of the invention is written in a techno-legal language with or without the inventor’s claims.

Step 3: Patent Application Filing

After drafting the patent specification, you can begin the procedure for filing patent application in India. As we discussed earlier, patent applications can be provisional or complete, based on the specifications drafted. If a provisional patent specification is filed, then within 12 months of its filing, a complete specification has to be filed with the inventor’s claims. There are 6 different types of patent application forms which can be filed on the basis of their purpose. These are:

• Ordinary patent application: Used to file a patent application directly in India, seeking protection only within the Indian territory.
• PCT National phase patent application: Used to enter the national phase of PCT or Patent Cooperation Treaty in India, after which the applicant will be allowed to seek patent protection in multiple countries.
• PCT International patent application: Used to file a single patent application for patent registration in multiple countries which are members of the PCT, providing a centralized process for seeking patent protection internationally.
• Convention patent application: Used to claim priority based on an earlier application filed in a convention country, allowing applicants to secure the priority date for their invention.
• Divisional patent application: Used to divide an existing patent application into multiple separate applications, typically when the existing application contains multiple inventions.
• Patent of addition application: Used to file an application for an improvement or modification of an already existing invention for which a patent has already been granted.

Step 4: Patent Publication for Public Opposition

Once the patent application process is complete, then after the expiry of 18 months from the date of patent filing or date of priority whichever is earlier, the patent is published in an official journal and is open for public viewing and inspection. This provides an opportunity to the general public to raise an objection to the patent on valid grounds.

Step 5: Requesting Patent Examination 

The patent application is examined only when a request for examination has been filed. The request for examination has to be filed within 48 months of the patent filing date or date of the priority. The patent examiner examines a patent application and issues an examination report. The examination report contains a series of objections raised by an examiner. The response to an examination report has to be filed within 12 months of the issuance of the examination report. If needed, the examiner can call the applicant or his agent for a show cause hearing to resolve the objections. That’s why this phase is also called patent prosecution.

Step 6: Grant of a Patent

After all objections to the examination report have been replied to and the examiner is satisfied with the reply of the applicant, the application is put in order for grant of Patent Registration. This marks the end of the procedure for registration of Patent. On the other hand, if the examiner is not satisfied with the reply and arguments of the applicant, then he/she can reject the patent application. In this case, the applicant will again have to repeat the entire patent procedure in India to get patent protection.

Documents required for patent filing:

The patent filing process in India is incomplete without the submission of certain supporting documents with the application. These documents are essential for successful patent filing to the extent that their incorrect or inadequate filing may result in the application being rejected by the Patent Office. Here’s a complete list of these documents required for Patent Registration in India.

1. Application Form: A duly filled and signed patent application form (Form 1) is required, providing details such as the applicant’s name, address, and contact information.
2. Provisional/Complete Specification: A patent specification document (Form 2) is required, describing the invention in detail, including its technical aspects, working examples, and any drawings or diagrams necessary for understanding the invention. A provisional patent specification may be initially filed, followed by a complete patent specification within 12 months.
3. Abstract of the Invention: A summary (not exceeding 150 words) highlighting the technical features and advantages of the invention is required.
4. Statement and Undertaking: A statement and undertaking under section 8 (Form 3) providing the detailed particulars of application(s) filed outside India corresponding to its Indian patent application and providing the Controller with details of processing of every other application filed elsewhere outside India, if requested by the Controller. Form 3 can be filed along with the application or within 6 months from the date of application.
5. Declaration as to inventorship: Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
6. Power of Attorney: If the patent filing procedure is being carried out by a patent agent or service provider, a power of attorney document (Form 26) authorizing them to act on behalf of the applicant is required.
7. Priority Document (if applicable): If the applicant is claiming priority based on an earlier filed patent application in the convention country, a certified copy of the priority document, along with its English translation must be submitted.
8. Proof of Right to File: In cases where the applicant is not the inventor, a document establishing the applicant’s right to file the patent application, such as an assignment deed or employer-employee agreement, needs to be submitted.
9. Form 28: If the applicant is a registered MSME or DPIIT Recognized Startup, they can claim reduction in patent registration fees by using Form 28. 
10. Proof of Fee Payment: The requisite patent registration fees for filing the patent application form, along with any additional fees for specific services like patent examination and filing replies to patent objection, must be paid and the proof of such payment must be submitted.