What is Patent Registration?
A Patent is an exclusive right granted by the government to an inventor for a limited period in exchange for public disclosure of the invention. In India, patents are governed by the Patents Act, 1970 (as amended by the Patents Amendment Act, 2005) and administered by the Indian Patent Office (IPO).
A granted patent gives the patentee the exclusive right to make, use, sell, offer for sale, and import the patented invention in India for 20 years from the date of filing. No one else can use the patented invention without the patentee's permission — violation constitutes patent infringement.
Types of Patent Applications
| Type | Purpose | Key Feature |
|---|
| Provisional Application | For inventions still in development | Secures priority date; 12 months to file complete specification |
| Complete/Non-Provisional Application | For fully developed inventions | Full specification required; examination proceeds immediately |
| Convention Application | Claiming priority from foreign application | Must be filed within 12 months of foreign priority date |
| PCT Application | International filing via WIPO | Single application covers 150+ countries |
| Divisional Application | For dividing a pending application | Used when one application covers multiple inventions |
What Can Be Patented?
| Patentable | NOT Patentable (Section 3) |
|---|
| Novel products, devices, and machines | Mere scientific principles or abstract theories |
| New manufacturing processes and methods | Mathematical methods or algorithms |
| Chemical formulations and compounds | Business methods or mental acts |
| Pharmaceutical innovations | Medical and surgical procedures |
| Biotechnological inventions (GMOs, etc.) | Plants, animals, and essentially biological processes |
| Software-implemented inventions (with technical effect) | Pure computer programs (without technical application) |
Patent Offices in India (Jurisdiction)
| Patent Office | Jurisdiction |
|---|
| Kolkata (HQ) | West Bengal, Bihar, Odisha, and Northeast India |
| Mumbai | Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh |
| Chennai | Tamil Nadu, Andhra Pradesh, Karnataka, Kerala |
| Delhi | Delhi, Punjab, Haryana, Himachal Pradesh, Rajasthan, UP, Uttarakhand |
Patent Validity & Maintenance
A granted patent is valid for 20 years from the filing date. To maintain the patent in force, annual renewal fees (renewal fees) must be paid to the Patent Office every year from the 3rd year onwards. Failure to pay renewal fees results in lapse of the patent. A lapsed patent can be restored within 18 months of lapse using Form-15 with a penalty fee.
