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Patent Registration

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What is Patent Registration?

Patent registration can be obtained in India for an invention. Patent registrations are not applicable for all inventions, and the invention must satisfy certain criteria to be patentable in India.

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Income tax return filing for an individual with salary income of less than 5 lakhs.
Rs. 0 /- Inclusive of all charges
Income tax return filing for an individual with salary income of less than 5 lakhs.
Rs. 0 /- Inclusive of all charges
Income tax return filing for an individual with salary income of less than 5 lakhs.
Rs. 0 /- Inclusive of all charges

As per the Patent Act, for an invention to be patentable, the invention must be a new product or process, involving an inventive step and capable of being made or used in industry.

  • The legal representative of the deceased true and first inventor or his/her assignee.
  • The true and first inventor
  • True and first inventor‘s assignee

A patent application can be filed electronically using Form-1 along with provisional/complete Specification, with the prescribed fee at the appropriate patent office. Jurisdiction of a patent office is decided based on the following:

  • Place of residence, domicile or business of the applicant (first mentioned applicant in the case of joint applicants).
  • Address for service in India given by the applicant, when the Applicant has no place of business or domicile in India (Foreign applicants)
  • Place from where the invention actually originated.

  • What is Convention Application?
    • A convention application is filed for claiming a priority date based on the same or substantially similar application filed in any of the convention countries. To avail a status of convention, an applicant is required to file an application in the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country. To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.
  • What is new invention within the meaning of Indian Patents Act?
    • New invention means any invention or technology in respect of a product or process which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of the patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art.
  • Who can apply for a patent?
    • A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. The legal representative of any deceased person, who immediately before his death was entitled to file an application for patent, can also apply for the same with the Patent Office. The application for patent can also be made by virtue of an assignment of the right to apply for a patent for the invention.
  • Can patent applications also be filed electronically by online system?
    • Yes. The Indian Patent Office has put in place an online filing system for patent application. More information for filing online application is available on the website of Patent Office.
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