Patent Registration

Overview

A patent is a statutory right granted to an inventor for a new invention, giving the patent holder the exclusive right to make, use, sell, or import the invention in India. Patents in India are governed by the Patents Act, 1970 and administered by the Office of the Controller General of Patents, Designs and Trade Marks (the Indian Patent Office).

Patent registration is needed by individuals, startups, small businesses, research institutions, and large companies who have developed a genuinely new product or process and wish to protect it from being copied or used without permission. Filing a patent secures legal ownership of the invention and the right to take action against infringement.

A granted patent is valid for 20 years from the date of filing of the application, subject to payment of annual renewal fees. To be patentable, an invention must be new (novelty), involve an inventive step (non-obviousness), and be capable of industrial application.

What is a Patent?

A patent is an exclusive legal right granted by the government to an inventor for an invention, which may be a product or a process that provides a new way of doing something or offers a new technical solution to a problem.

In India, patents are governed by the Patents Act, 1970 and the Patents Rules, and are granted by the Indian Patent Office under the Controller General of Patents, Designs and Trade Marks.

To qualify for a patent, an invention must satisfy three main criteria:

• Novelty – it must be new and not already known or published anywhere in the world.
• Inventive step – it must not be obvious to a person skilled in that field of technology.
• Industrial applicability – it must be capable of being made or used in some kind of industry.

Certain subject matter cannot be patented in India, including mere discoveries, mathematical or business methods, computer programs as such, and methods of medical treatment or surgery for humans or animals.

A patent gives its owner the right to exclude others from making, using, selling, or importing the invention for the term of the patent, which is 20 years from the date of filing.

Documents Required

Only PAN Card and Aadhaar Card are mandatory; the rest are optional.

• PAN Card
• Aadhaar Card
• Passport-size Photograph
• Address Proof (Utility / Electricity Bill)
• Bank Statement

Apply for Patent

Getting your patent registered through TaxoSure is simple and fully online. Just follow these steps:

1. Visit TaxoSure. Go to taxosure.com and open this Patent Registration service page.
2. Login or Register. Create your free TaxoSure account, or log in if you already have one.
3. Upload your documents. Upload your documents on this page. Your KYC documents (PAN & Aadhaar) are auto-filled from your account; simply upload the remaining documents as per the checklist.
4. Submit your application. Submit your patent application in just one click.
5. Talk to our consultant. Our consultant connects with you on WhatsApp / Call to confirm the details, share the pricing and begin the work.
6. Get your patent registered. Our experts complete the entire process — prior-art search, drafting, filing and examination follow-up — and deliver your patent documents to you.

Please note: under the ordinary route, the overall patent process can take a few years to complete, depending on examination and any objections raised by the Patent Office.

Key Points

• Governing law: The Patents Act, 1970 and the Patents Rules, administered by the Indian Patent Office.
• Who can apply: The true and first inventor, an assignee, or the legal representative of a deceased inventor. Both individuals and legal entities (companies, firms, institutions) can apply, and joint applications are allowed.
• Term of protection: 20 years from the date of filing the application, subject to payment of annual renewal fees.
• Two types of specification: A provisional specification (to secure an early priority date) and a complete specification (with full description and claims), which must be filed within 12 months of the provisional.
• Deferred examination: A patent is not examined automatically; a request for examination must be filed within the prescribed time.
• Renewal fees: Annual renewal fees are payable, generally from the third year onward, to keep the patent in force; non-payment can cause the patent to lapse.
• Fee concessions: Reduced government fees are available for individuals, startups, small entities, and educational institutions as per current norms.
• Territorial right: A patent granted in India is enforceable only in India; separate protection is needed in other countries.

Benefits

• Exclusive rights: The patent holder gets the sole right to make, use, sell, and import the invention in India for the term of the patent.
• Legal protection: Provides a legal basis to take action against any person who infringes the patented invention without permission.
• Monetization: A patent can be licensed, assigned, or sold, allowing the owner to earn royalties or revenue from the invention.
• Business value: Patents are valuable intangible assets that enhance a company's credibility, market value, and attractiveness to investors.
• Competitive edge: Prevents competitors from copying the invention, helping the owner maintain a strong market position.
• Encourages innovation: Rewards inventors for their research and development, encouraging further innovation.
• Asset for fundraising: A granted patent can support funding, partnerships, and collaborations.

Summary

Patent registration in India protects new inventions by granting the inventor exclusive rights over a product or process for 20 years from the date of filing, under the Patents Act, 1970. To be patentable, an invention must be new, involve an inventive step, and be capable of industrial application.

The process involves an optional patent search, drafting the specification, filing the application with the Indian Patent Office, publication, a request for examination, responding to the examiner's report, and finally grant of the patent. Annual renewal fees must be paid to keep the patent in force.

Securing a patent gives inventors and businesses strong legal protection, the ability to license or sell their invention, and a valuable asset that strengthens their position in the market.

FAQs