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Advantages of Patent Registration in India

In India, the patent is basically granted to encourage the great and unique inventions. The inventor is always recommended to get his invention patented so as to enjoy the exclusive rights over his invention. The patent is an intellectual property right that acts as the biggest asset of the inventor which can be sold, bought, licensed or mortgaged. In India, the tenure of a patent is 20 years from the date of filing. Post this period, the patent is open for anyone to be used.

One crucial thing to be noted, about the patent, is that they are granted for a particular territory only. Thus an Indian patent will only give the owner rights within India and rights to stop others from importing products into Indian Territory. We have listed some major advantages of Patent below-

  1. The inventor can reap the benefits of his invention with the patent by preventing others from copying, manufacturing, selling or importing the invention without his permission.
  2. With the patent, the inventor can build his business by using his unique invention.
  3. The patent is granted for the total time period of 20 years by which the inventor can protect his invention from being exploited by any third person for a long period.
  4. The inventor can also get some additional benefits by licensing his invention to empower others to use his invention. To make huge benefits Patent rights can be licensed to other companies to receive royalty payments. One more benefit of licensing the patent is that he is still the owner of the invention.
  5. Like every other asset, the patent can also be sold completely to a company for a significant amount of royalty.
  6. Patents give valuable guidance for planning research and development, planning strategic protection for IP assets and creating strategic union etc.
  7. Patents also help to identify the potential competitors.
  8. The patent also promotes the knowledge sharing and resources by making the patented invention available in the public domain. However, the invention can be made available in the public domain only by seeking the permission from the inventor.

Thus every inventor must check for the conditions that are required to be fulfilled for getting the invention patented and make an application for getting his invention patented.

Patent Specification Drafting in India

Patent is a form intellectual property. It provides exclusively to a particular product. Patent specification is an important step in a filing of a patent. It is a form of property that defines the fate of an invention.

Patent needs to be drafted for the success of the invention. It plays an important in management, prosecution, and maintenance. It is one of the most important and also one of the most difficult process. There are following sections in typical specification.

Title of Invention should clearly identifiable the main art of the invention. Patent should be meaningful, precise, and should be normally within 15 words. Title of an invention can be used for more than one invention.

Field of an invention should clearly describe the scope of the invention and also the subject matter of the invention. Invention should conceptually clear and crisp enough so which the Examiner of patent easily.

Background of Invention & Prior Art are the sections that describe the state of the art in the technical area to which the patent relates. It also identifies problems to be solved or disadvantages accompanying the prior art solutions. Background of the invention is the thing which should describe what others have done in the field. There are certain things which should mention the status of the closest technology, experiments, patents, and patent applications in this section.

Object of Invention should clearly reflect the advantages of the invention. Object of an invention should describe the solution of the existing technical problem associated with the existing field of art. Object should properly mention the benefits of the invention. Each and everything should be described in a separate sentence. It is a portion that comparative analysis of the inventive technology over the existing one.

Statement of the invention describes the exact novel features of the invention. It should clearly reflect the inventive feature of the invention over the existing one. It is a very useful invention exactly related to the independent claims and to complement the omnibus claim in situations of infringement proceedings.

Summary of Invention describes a broad overview of the invention. It provides a structure for understanding the Detailed Description and Claim sections of the specification. This also describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth.

Brief Description of the accompanying drawings description of the invention that explains how to make and use it. It should point the reference numerals used in the drawings and should be specific. The details should be enough for a person skilled in the art to understand and perform the invention

Patent Claim(s) Drafting are regarded as the essence of a patent. It defines the invention which the inventor holds as his exclusive property and has the right to exclude others from making, using, and selling. The claims specify the scope of ownership in a piece of property, i.e. Intellectual Property. These claims are of paramount importance in both patent prosecution in the Patent Office and patent litigation in the courts.

Abstract of patent should be drafted in such a manner to make it reflect the technical field of the invention with the existing technical problems and the solution to overcome such problems. Patent should be briefly drafted and within the limit of 150 words. The main objective of abstract should be to provide the better information to third parties.

What can be patented in India?

Patent is an intellectual property which is mainly for a new product or process. The patent should be an inventive step which is capable of getting used in the industry. A patent must include the criteria in terms of novelty, inventive steps and industrially applicable.

Patentable subject matter

Subject matter should be the foremost consideration. Patent Act has all the rules and regulations regarding patents. This is the act according to the subject matter checked for patentability. These should also follow the criteria of Novelty and Nonobviousness. 

Patents Act list out non-patentable subject matter. Sometimes, the invention does not fall under any provision of Sections 3 or 4, that means it has a patentable subject matter. Subject which will satisfy certain criteria of a patent.


Novelty is one of the important criteria in determining patentability of an invention. A novelty which is also known as “New invention” is defined under Section 2 of the Patents Act as any invention or technology which has not been anticipated by publication. This is mainly in any document used in the country or anywhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen into the public domain.

Novelty requirement states the invention should never be published in the public domain. There should not be used any prior arts or any prior invention.

Simply put, the novelty requirement which basically states that an invention should never be published in the public domain. It must be new with no same or similar prior arts.

Inventive step

Inventive step is defined in the Patents Act as a feature that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention nonobvious .

It means that the invention must not be obvious to a person skilled in the same field as the invention relates to.

Capability of Industrial Application

Industrial applicability is defined in Patents Act as the invention is capable of being made or used in an industry. This essentially means that the invention cannot exist in the abstract. These are basically capable of being applied in any industry. The invention must have practical utility in order to be patentable.

What cannot be patented?

There are certain things cannot be patented such as laws of nature, physical phenomena. Abstract ideas are not patentable subject matter. Any new mineral discovered in the earth or new plant found in the wild is not patentable.

A Scientific theory such as Einstein could not patent his celebrated E=mc2. Newton could not patent the law of gravity. These are considered as natural discoveries. Everyone has the right and is free to all people and reserved exclusively to none.

“Useful” is the subject matter which is specified in the patent. In this functionality is also include it states that a machine which will not operate to perform the intended purpose would not be called useful, therefore would not be granted patent protection.

Mixtures of ingredients, such as medicines, a patent cannot be granted unless the mixture is more than the effect of its components. There are certain “patent medicines” that are generally not patented taking this context does not mean that the medicine has been awarded a patent.

What is Utility Patent?

Utility patent is a kind of patent which is used to protect the functionality and use of an invention. It is widely issued type of patent. This patent is divided into categories based on the functionality of the invention. These three categories are Electrical, Mechanical and Chemical. In these patents, anyone who has invented invents a unique process, device, the machine, method, chemical compound or manufactured product can apply for and obtain a utility patent.

 Utility patents are determined for qualification of a non-provisional utility patent. In this process, you should make sure that the invention is sufficiently different from existing items and all aspects of it in clear and definite terms have been clearly described. Sometimes, conducting a patent search can be helpful. These patents can be issued for any functional new inventions or improvements on the machine, process, product or to the composition of matter.

OLED technology which has been emerged from LED is a good example of improved technology which qualifies. There has been a process in which material has been changed from the synthetic light emitting diodes to organic material. The design patents protect the configuration, appearance, shape, size and other aesthetic aspects of an invention.

How to Get a Utility Patent?

First of all, Describe your invention and break it down into a series of essential and nonessential parts.

Secondly, Conduct a utility patent search to see if anyone has ever patented or published a similar design. It is critical before you file your patent.

Filing a Utility Patent

The inventor is granted by the government grants for the inventions so that inventors will tell the public how to use their inventions.

There are several requirements in which there are multiple sections. In each section, there are rules and formatting. Drawing or diagrams are required to explain how your invention works. People gets help to ensure that they should learn how to use the invention.

Staking Your Claims

Patents are filed to get issued claims. The Patent Office issues the inventor the right to stop others from making, using, or sell the invention. In Utility patents, there are series of numbered sentences that claim the invention. If anyone else person makes, uses, or sells the exact thing described in a patent claim, then that person is infringing the inventor's patent.

Elements of essential of the invention are recited. Novel and Non-obvious features should be examined by the examiner. If your invention is novel if all of these elements do not appear in anyone published reference.

If you want to register your patent  application  visit  Registrationwala

Difference between Utility patent and Design patent

A Design patent is a type of patent granted on the ornate design of a functional item. These are the type of industrial design right. Only Ornamental manifestation of the invention is protected by this patent.

Utilitarian features are considered in use of article and works. This model is an exclusive right granted for an invention to the creator. It is an alternative and also called the form of second-tier protection

Design patent is granted to any person who has imaginary or any new or having no obvious ornamental design for an article of manufacture. Whereas Utility patent entitles the owner to prevent others to commercially exploit the invention for a limited period of time. The standard of a non-obviousness or inventive step is usually much lower than that of other types patents.

 In Design patent appearance of an article is protected but its structural or functional features are not considered. This feature is same as the patent application process as those relating to other patents with a few differences.

 When Design patent application passes its examination after the allowance of observation will be sent to you or to your attorney or agent which ask you to pay an issue fee. But Utility patent is easier to attain than other patents because no strict examination is conducted before granting them.

Design patent is a simple process as in comparison with a utility patent. As specification is short and also follow predefined form. In this only one claim is permitted which must follow a specific form. Utility patent systems have the criteria of Novelty.

There is certain similarity in design patent and utility patent. These are in ornamental features of the invention than its utilitarian aspects. Utility patent to as "petty patents" or "innovation patents. In Utility Patent duration of protection usually varies from six to fifteen years but sometimes in major jurisdictions, have a term of twenty years.

To get patent registration visit Registrationwala

How can you renew an expired patent?

Patent is the form of intellectual property valid for 20 years. The Patent is not considered after its 20 years passes. A patent can be renewed before the completion of 20 years. This happens when patentee does not pay the renewal fee for the specified period of time. Sometimes fails to pay the extendable period is 6 months (when requested).

The Indian Patent act provides and governs the patent. Provision of Safeguarding and restoring patents are given in this act. The patentee has to pay a certain amount of prescribed fee useful renewal. In certain conditions, patent was held by two or more persons jointly then with the leave of the Controller one or more of them without joining. There are certain conditions in which others may submit the application for restoration within eighteen months from the date on which the patent is ceased to have the effect.  

 Renewal fees can be paid by any person but the application for the restoration of a lapsed patent, the application has to be made by the  patentee or his legal representative. In case the patentee or legal representative fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting the extension of time, the patent ceases to have effect or lapses from the date of expiration.

     Procedure to restore a lapsed patent

  • An application must be filed within 18months within the date patent cease to have the effect. In that condition patentee or Legal representative has to make an application.
  • Evidence can be presented in the form of document if fees are not paid on time
  • Patentee claim’s the evidence which must support that the failure of payment was unintentional and there has been no undue delay in applying for restoration of the patent.
  • In case, the prima facie case is not agreed on behalf of the controller then for restoration is made out, the applicant is notified of it and unless the applicant states within one month.
  • Sometimes an application may be refused if the patentee fails to register a change of name before cessation; they must first apply for alteration in the register.
  • If the name changes after it then their identity has to be proved.

If you want renew an expired patent visit Registrationwala

Specification in Patent filing procedure

Patent is an exclusive right granted by the sovereign state to the inventor for a limited period of time. A patent is a form of an intellectual property which was a royal decree granting exclusive rights to a person. It also a shortened version of the term letters patent. 

 A patent application can be filed by the inventor. The inventor can give this authority to file the application through the assignee or legal representative. The application can be filed individually or jointly. In case it filed by the assignee proof of assignment has to be submitted along with the application. Any country’s national can be the applicant. It can be directly made at the Indian Patent Office (IPO).This can be via the national phase PCT application or in the form of a conventional application. These can be filed in any of the four patent offices New Delhi, Kolkata, Mumbai, and Chennai.

Applications are directly filed at the Patent Office. These applications are accompanied by a provisional or complete specification. 

In the Conventional application, the applicant can file only the complete specification.

In Provisional application are filed for experimentation which is required to make the invention perfect. It is preferred that to file application because it allows the applicant to get an early application date. After this, a complete specification has to be filed within 12 months from the date of provisional patent filing. But sometimes the application is filed with a complete specification. In this case, the Controller on request has the power to convert the complete specification into the provisional one.

Patent Specification

A provisional patent specification may contain:

 Title - It is generally a word or a phrase indicating the content of the invention.

Abstract: It is a short description written in a precise manner describing the invention.

Detailed Description- It is the important part of the specification which consists of a complete and elaborate description of the invention. Usually, in written description, there is generally background of the invention. The detailed description explains the invention clearly and comprehensively.

Drawings- It is a clearly labelled drawing which is with the written text. It is in the case where it is necessary.  

Sample or Model -There is a requirement of the sample or models might be submitted to the patent office. These kinds of models provide.


Enablement and Best Mode: An ordinary person can be allowed to make and work the invention. He should not only enable person but also describe the best mode of carrying out the invention.

Claims -These are the most important elements in a specification. It mainly defines the metes and bounds of the invention.

Deposit (Microorganisms)-These are mainly in the invention of microorganisms which cannot be presented in a written form. In this case, a sample of the microorganism has to be deposited at an internationally recognized depository. This can be deposited in the internationally recognized depository at Chandigarh, in India.

In the case of a foreign country a provisional specification cannot be filed and also complete specification has to be filed in 12 months from the date of filing provisional specification. In this, each specification should contain only one invention. Sometimes if there is more than one invention in a specification, separate applications have to be filed for each invention. 

What is Patent Provisional Specification?

Patent Provisional Specification or Complete specification is the most common specification in Patent Registration. This is filed when the patent reaches the stage in which it can be disclosed on paper but this stage is not called the final stage. It also acts as the placeholder for a later complete specification. The prospective patent is the first document that is filed at a patent office. Mainly this specification has benefits with costing.

Provisional Specification is also considered as the proof that inventor has the idea at the time of filing. The invention should be adequately disclosed from inventor working alone. In terms of costing the inventor the option of filing a complete specification at a later date and can, therefore, defer costs. In this, there is no requirement of any claim also not needed prior to art search or exhaustive and detailed drawings-hence the inventor can file the provisional application.

Benefits of Provisional Specification

 Some time benefits can be taken by the inventor from the date of filing in filing provisional to complete specification. Filing the date of the provisional is accorded to the complete specification at the time of examination that has been disclosed in the provisional. Costing is the second benefit. This benefit is because of the extremely low cost compared to the non-provisional.

Taking the first benefit into account provisional specification entitles an inventor to a filing date. The application can be filed after the filing date of the provisional cannot be used as prior art against the invention disclosed in the provisional application.     

Why Provisional Specification is filed?

The provisional specification must include complete specification. It is a techno-legal document which used to describe the invention and is the best method to perform the invention. Complete Specification is an important document which must be drafted by an experienced attorney. Sometimes requirement for compiling and the requirement has not been achieved. After receiving the provisional specification the allotment of the application. If there is not any specification within 12 months then their application will be deemed. 

Content in Provisional specification

Provisional Specification should include title and description.

Here are some provisional specification described.

  • The description should start from the single page. This contains field, object, statement and background of the inventions.
  • It does not include the claim. Claim is there in the complete specification.
  • It is advisable to contain the details in the application of the provisional specification.
Cost of Patent Registration in India

Patent is an intellectual property in which exclusive right is given for invention. It is taken from the Latin word ‘patere’ which means ‘lay to open’. This intellectual property is a method which follows laws of the patent. Patents should follow certain criteria such as Novelty, Usefulness, Non-obvious. The patent provides right to protect the product from others to make, import, use, sell, etc.

Patent Registration Procedure with Charges

In India, there is two kinds fee you have to pay Government fee and Professional fee.

Government fees are different from an individual inventor and a company. Fees for patent application also defers based on a number of claims and pages in the specification. There are many factors on which patent fee are charged.

The cost to file a patent is approximately Rs. 45,000 to 65,000. This is basically in the professionals for patent research, writing and filing the patent application for your invention.

Steps 1: Write down the details

Write down the details of a patent as much as possible. Such area of an invention, Work, Benefits, Description, etc. In this invention is disclosed to the patent professional (patent agent) by signing a Nondisclosure agreement. In this process, you should submit each known fact about your invention that includes description diagrams and experimental results. It is better to mention every little detail.

Step 2: Creative measures of Patent

This includes drawings, diagrams or sketches which explain working of the invention. How to do it in a better way.

Step 3: Checking Invention

This includes checking the invention whether an invention is patentable. In India, there are certain checking done according to which every patent is not patentable. 

Step 4: Search for the patent

Search for the patent is done in this step. This should follow criteria of Novelty, Usefulness, Industrial application, Non-obvious. The decision is made after reviewing the patentability search report prior to the arts of inventions. The invention should be an “inventive step” for the qualification of the patent. These include technical, economical or both. When the decision is taken with patent filing next step is writing the patent application which is also called as patent drafting.

Professional charges (Rs 10,000 to Rs.20, 000)

Step 5: Draft the patent application

Draft the patent application then secure filing date. This takes 12 months for a complete specification. It does not cost much .This is a specialized job and requires both technical (field of an invention) and legal (Indian patent act) understanding. Since Patent is a techno-legal document. Many inventions have been done and the application has been written completely on a technical perspective. Writing patent application as a technical document without considering legal aspect may be a mistake which can make your application unworthy and efforts made you in research and development can go waste.

Patent drafting charges range from Rs. 20,000 to Rs. 30,000 (professional fees)

Step 6: Publication

Publication can be done on filing the complete specification along with the application for patent and after 18 months it is published. There is a provision of early publication if the patent has to published within one month from the date of filing early publication.

Step 7: Request for examination

Request for examination can be a patent application. These should patentability criteria. First examination report is created by the examiner after reviewing. This is called patent prosecution.

 Examination fee is Rs. 4000 to Rs.20000

Step 8: Responding to objections in examination report

The first examination report submitted to the controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to the patent applicant.

Step 9: Respond to objections

Some type of objection is received based on examination report. In this chance is given to the inventor based on the response and examination which tries to prove to the controller that his invention is indeed patentable and satisfies all patentability criteria’s. 

 Step 10: Grant of patent

When all the requirements have been met then will be granted. If the patent journal is published time to time then if will notified

Renewal of Patent fees    

Maintenance of patent for 20 years from filing date requires renewal fees.

Cost of Patent Registration in India

International Patents

Patent is a right granted to the inventor for the limited period of time. This is an intellectual property in which the extent of exclusive right varies widely between countries according to national laws and international agreements. A person must define one or more claim for specific right.

Options to file patent

Option 1: PCT application filing

Application filing at Indian Patent Office-IPO

This permission is allowed after scrutinising the invention details and may be deferred. In Indian Patent Office International patent can be filed as receiving office in PCT request. When permission is granted the patent office will transmit the application to the International bureau (IB). Transmittal fee has to be paid in addition to the International Application fee and Search fee.

Application filing at World Intellectual Property- WIPO

Application for international patent can be directly filed to IB along with prescribed fee in PCT request form. Before filing to IB Permission u/s 39 permission is needed .Such application can also be filed in e-PCT.

Patent Application filing in India

File an application in IB of WIPO or in IPO as receiving office.PCT application can be filed anytime before the expiry of 12 months from filing date. International filing is within 6 weeks from date of filing . Filing shall be made after taking permission of u/s 39 .

An applicant has another option to file an International Application within twelve months from the filing date of the patent in India, directly in IB, claiming the priority of the previously filed Indian patent application along with the prescribed application fee. IB needs a certified copy of the Indian application within sixteen months from the date of priority.

Option 2: File patent application in foreign countries with filing applications in India.

In this patent applicants have to follow complete formality with the IPO before proceeding with patent application filing outside India. If one or more inventors are residents in India  the patent application formality has to be completed. This is a formality in which the patent applicant request the IPO to grant permission to apply for a patent outside India. The IPO generally grants the permission within 21 days from the date of making the mentioned request. Permission can be rejected by the IPO if the subject matter is relevant for defence purposes or atomic energy.

Option 3:File application in India soon after in foreign countries 

Applicants can wait for 6 weeks from the date of filing the Indian patent application. After then proceed to the foreign patent application filing, If the notification has not been received within 6 weeks to the contrary .In this formality has to be completed if one or more inventors in the patent application are residents of India. Once the permission is granted by IPO then application can be one or more countries outside.

Patent Cooperation Treaty

PCT application is the basic method enables you to file one international patent application that will be accepted by 150 countries throughout the world. PCT can be used as reservation for the submission of patent in specified countries which enables you to delay for up to two and a half years in making the decision.PCT application can be changed into individual patent application.PCT application in detail requires timing, rights you preserve and other issues.

Patent Application Strategies

Filing application in countries where competitive products are made. Usually Patent in China can be preserved in all over the world. It is easier to defend a patent against sellers in the United States than makers in China. These strategies of patent in particular country is highly considered. 

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