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Patent Registration

Exclusive right granted for an invention - a product or process that provides a new technical solution to a problem.

Department: Controller General of Patents, Designs and Trademarks (CGPDTM)Processing: 2-5 years

About this License

A patent is an exclusive right granted for an invention (product or process) that provides a new way of doing something or offers a new technical solution. Patents are granted by the Indian Patent Office under the Patents Act, 1970. A patent gives the inventor exclusive rights to prevent others from making, using, or selling the invention for 20 years. The invention must be novel, involve an inventive step, and be industrially applicable.

Application Process

Search for prior art to check novelty → Draft patent specification (provisional/complete) → File patent application at Indian Patent Office → Publication after 18 months → Request for examination (within 48 months) → Respond to objections (if any) → Patent granted or refused

1

Prior Art Search

Search existing patents to confirm novelty of invention

2

Draft Specification

Prepare provisional or complete specification

3

File Application

Submit patent application with fees

4

Publication

Application is published after 18 months

5

Examination

Request examination within 48 months from filing

6

Grant

Patent granted if all conditions are satisfied

Eligibility Criteria

  • 1Invention must be novel (not published or used anywhere in the world)
  • 2Invention must involve an inventive step (non-obvious)
  • 3Invention must be industrially applicable
  • 4Not falling under non-patentable subject matter (Section 3 of Patents Act)

Documents Required

Patent specification (provisional or complete)
Applicant and inventor details
Abstract of the invention
Drawings or diagrams (if applicable)
Priority document (if claiming priority)
Power of Attorney (if filed through agent)

Frequently Asked Questions

Q: How long does a patent last?
A: 20 years from the date of filing the patent application.
Q: Can software be patented in India?
A: Software patents are generally not allowed. Software is protected by copyright.

Quick Information

Estimated Cost
₹8,000 - ₹40,000 (filing fee, varies by entity type)
Processing Time
2-5 years
Validity
20 years from filing date
Renewal
Every year (from 3rd year onwards)
Level
central
Department
Controller General of Patents, Designs and Trademarks (CGPDTM)

Fee Structure

Filing Fee (individual/startup/SME - e-filing)₹8,000 (up to 30 pages) / ₹1,600 per page beyond 30
Filing Fee (others - e-filing)₹40,000 (up to 30 pages) / ₹8,000 per page beyond 30
Renewal Fee (3rd year onwards)₹500 - ₹20,000 per year

Tags

#patent#IPR#invention#patent-application#intellectual-property
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