Patent Registration in India: Process, Term and Rights of Patentee
Patent Registration in India: Process, Term, and Rights of Patentee
1. What is a Patent?
A patent is an exclusive right granted to an inventor for a novel invention, allowing them to exclude others from making, using, selling, or distributing the invention without permission for a limited period.
2. Patent Registration Process in India
Step 1: Patent Search (Optional but Recommended)
Conduct a prior art search to check if the invention is novel and not already patented.
Can be done through Indian Patent Office databases or global databases.
Step 2: Filing the Patent Application
File the patent application with the Indian Patent Office under one of the following categories:
Provisional Application (if the invention is in the early stage)
Complete Application (if all details are ready)
The application must include:
Title of invention
Detailed description
Claims (defining the scope of protection)
Abstract
Drawings (if any)
Declaration and oath by the inventor
Step 3: Publication
The application is published in the Official Patent Journal after 18 months from the filing date (or priority date).
Early publication can be requested.
Step 4: Request for Examination
A Request for Examination (RFE) must be filed within 48 months of the filing date.
The patent office examines the application for compliance, novelty, inventive step, and industrial applicability.
Step 5: Examination Report
The patent office issues a First Examination Report (FER) citing objections or requirements.
The applicant must respond to objections within the stipulated time.
Step 6: Grant or Refusal
If objections are resolved and the invention meets all criteria, the patent is granted.
Otherwise, it can be refused.
Step 7: Publication of Grant
After grant, the patent is published in the Official Patent Journal.
3. Term of Patent in India
A patent is valid for 20 years from the filing date of the application.
Annual renewal fees must be paid to keep the patent in force.
No extension of patent term is allowed (except for certain pharmaceutical products under specific rules).
4. Rights of the Patentee
Once a patent is granted, the patentee has the exclusive rights to:
Make, use, and sell the patented invention.
License the invention to others.
Assign or transfer the patent rights.
Prevent others from making, using, selling, or importing the patented invention without permission (right to sue for infringement).
Authorize others to use the invention under agreed terms.
5. Important Notes
Patents are territorial rights, valid only in the country where granted.
The patentee must disclose the invention fully to enable others to use it once the patent expires.
Failure to pay renewal fees leads to patent lapse.
The Indian Patent Office has branches in major cities like Delhi, Mumbai, Chennai, and Kolkata.
Summary Table
| Aspect | Details |
|---|---|
| Application Filing | Provisional or Complete |
| Publication | After 18 months (or early on request) |
| Examination Request | Within 48 months of filing |
| Patent Term | 20 years from filing date |
| Rights of Patentee | Exclusive rights to make, use, license, sell, and sue for infringement |
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