In a nation such as India, where innovation is
fermenting at a fast pace in industries, safeguarding new ideas has never been
so important. As a student, startup entrepreneur, or businessman, if you have
come up with something novel, patent registration can make you the true owner
and claim exclusive rights to use, sell, or license your innovation. This blog
explains what patent registration is, who needs it, why should anyone care, and
how to obtain it in India—in terms that everyone can connect with.
Patent is one among the rights awarded by the
Government of India to the inventor of a new product, process, or invention. It
prevents others from using, producing or selling your invention without your
consent for 20 years. It can be linked to a security umbrella that in law
secures your invention so that you will be the sole individual who will get to
enjoy it.
For instance, if you've discovered a new solar panel
that conserves 30% more energy, you're patentable. Once you own it, you're
entitled to the power of law to prevent others from creating or selling the
same technology without asking them for their permission.
What Is Patent Registration?
Patent registration is official filing before the
Indian Patent Office for rights in your invention. It puts your concept on
record and under the protection of the law. The controlling authority for
patent registration in India is the Controller General of Patents, Designs and
Trademarks (CGPDTM) of the Ministry of Commerce and Industry.
Upon registration, you own the invention in India. No
one can use or sell it without your permission.
Who Needs to Patent Register?
Patent registering is for people who have created
something new which has business or practical application. They are the ones
who ought to register:
Individual inventors – Students,
scientists, researchers with good ideas.
Startups –
Particularly developing technology products or innovative business solutions.
MSMEs (Micro, Small & Medium
Enterprises) – Companies developing enhanced machinery,
tools, or processes.
Corporates – With
R&D centers developing new technologies.
Educational institutions –
Developing research-based projects or student innovations.
Foreign entities –
To safeguard their technology in India.
What Can and Cannot Be Patented
Your invention, to be patented in India, should
fulfill the below three criteria:
Novelty –
It should be entirely new and not previously published or known.
Inventive step –
The invention must contain a technical progress or advancement which is not
just obvious to those who are skilled in the art.
Industrial applicability –
It must be useful in an industry or commerce of some sort.
You can patent:
New machines, devices, tools
Different chemical compositions
Technological methods or processes
You cannot patent:
Abstract ideas or mathematical formulae
Natural material or discoveries
Software per se (beyond software attached to hardware)
Artistic or literary compositions
Why Patent Registration Is Important
Suing for a patent is not merely a legal process—it
puts you leagues ahead of the competition in business. Here's why patent
registration is important:
Right to sole ownership of your invention for 20
years.
Resort to law against exploitation or copying.
Higher valuation of your business, particularly for
startups.
Monetization opportunity through licensing or sale of
patent.
Market leadership in your industry.
Facility of accessibility of government schemes,
particularly for DPIIT-approved startups.
Procedure for Registration of Patent in
India
Indian patent registration process is simple but
cautious. Below are typical steps:
Patent Search –
Search and verify if there is already such invention.
Drafting the Application –
Prepare a provisional or final specification.
Filing the Patent – File
Forms 1, 2, etc. online or offline.
Publication – Application
published in patent journal after 18 months.
Request for Examination –
Must be made within 48 months from filing date.
Examination and Objection Handling –
Questions can be raised or clarification sought by the patent office.
Grant of Patent –
In case everything is fine, the patent is issued and made available.
It is highly recommended that you take the help of a
patent attorney or agent for drafting and filing as technical as well as legal
knowledge plays an important part in approval.
Forms Required for Filing a Patent
To apply for a patent in India, you would require the
following:
Form 1 – Patent
application
Form 2 – Specification
(Provisional or Complete)
Form 3 – Undertaking and
statement
Form 5 – Inventorship
declaration
Power of Attorney –
if filed through an agent
Priority documents –
if international priority is to be claimed
Fees for Patent Registration
Patent registration in India differs based on the type
of the applicant:
Individuals/Startups/MSMEs:
Filing fee:
?1,600 to ?1,750
Examination fee:
?4,000
Others (Companies or Large Entities):
Filing fee:
?8,000
Examination fee:
?20,000
There can also be additional fees for expedited exams
or professional fees.
How CA Firms Can Help with Patent-Related
Services
Though filing is to be done by patent attorneys and
agents, Chartered Accountant firms can help with patent financial and
regulatory issues:
Assist you in claiming R&D expenses on patents as
tax deduction.
Advise you on IP-based incentives under Startup India
schemes.
Accounting and cost record on patent.
GST treatment of sale and license of patent advice.
Help you in availing of government incentives or grant
to innovator and startup.
A patent, with sound financial planning, can be a
worthwhile asset for a business.
Frequently Asked Questions (FAQs)
1. How long is a patent granted in India?
A patent is granted for 20 years from the filing date,
subject to payment of renewal fees every year.
2. Can an idea or concept be patented?
No. Patent are only functional inventions which are
suitable for patenting (novelty, inventive step, industrial application).
3. Is filing a patent with an attorney mandatory?
Not mandatory, but strongly advisable because of legal
and technical intricacies.
4. Can a student or a researcher apply for
a patent in India?
Yes. Anybody who has ownership or has rights to an
original invention can make an application for it.
5. Are foreign companies permitted to file
patents in India?
Yes, applications from foreign applicants may be
submitted via Indian patent agents duly qualified for this work.
Conclusion
Patent registration is more than a haphazard legal
process—it's a practical means of guarding your work, laying claim to the
marketplace, and accessing finance opportunities. As an inventor, startup, or
business, safeguarding your innovation is essential in today's market
environment.