Patent Filing In India- Guide and Online Process

Yes, a resident Indian individual inventor can technically file a patent application without engaging a patent agent. However, it is strongly inadvisable. Patent drafting is a highly specialised legal skill — particularly the claims drafting — that directly determines the commercial value and enforceability of your patent. Self-filed applications are frequently rejected for technical grounds that an experienced agent would have navigated. Moreover, foreign (non-resident) applicants are legally required to file through a registered Indian Patent Agent — this is a statutory obligation under the Patents Act, 1970.

Prior public disclosure — in a research paper, conference presentation, product demonstration, social media post, or commercial sale — destroys novelty for most countries, making the invention non-patentable. However, under the Patents (Amendment) Rules, 2024, India now provides a 12-month grace period: if you file within 12 months of your own public disclosure, that disclosure will not count as prior art against your application in India. Note that this grace period is India-specific — it does not help you in the US, EU, China, or most other jurisdictions where absolute novelty is required. File before you disclose. Always.

An Indian patent lasts for 20 years from the date of filing — not from the date of grant. To keep the patent in force throughout its 20-year term, you must pay annual renewal fees (annuities) starting from the 3rd year. Renewal fees escalate with each passing year, reflecting the increasing commercial maturity of the patent. If you fail to pay renewal fees by the due date, the patent lapses. A lapsed patent can be restored within 18 months of lapsing upon payment of additional charges and filing a petition, but prevention is far better than restoration.

This is one of the most nuanced areas of Indian patent law. Under Section 3(k) of the Patents Act, “a mathematical method or a business method or a computer programme per se or algorithms” are not patentable. The key phrase is “per se” — meaning a software application that achieves a technical effect, solves a technical problem, or has a technical character beyond the mere running of a program can be patented if claims are drafted correctly. The IPO’s 2017 Computer Related Inventions (CRI) Guidelines provide a framework for this. In practice, many AI, machine learning, IoT, embedded systems, and software-hardware combination inventions are successfully patented in India — the secret lies in how the claims are written.

These are three entirely separate forms of intellectual property. A Patent protects new inventions — technical innovations, processes, compositions, and devices — granting a 20-year exclusive right in exchange for public disclosure. A Trademark protects brand identifiers — names, logos, taglines, and trade dress — that distinguish your goods or services in the market. A Copyright automatically protects original creative works — literary, artistic, musical, and software code — for the author’s lifetime plus 60 years. Your startup’s AI-powered product, for instance, may simultaneously benefit from patent protection (for the underlying algorithm/method), trademark protection (for the brand name), and copyright protection (for the source code) — each protection layer independent of the others.

Absolutely. India is a member of the Paris Convention and the PCT, meaning inventors and companies from any convention country can file for patent protection in India. Foreign applicants must file through a registered Indian Patent Agent — our firm regularly handles national phase entries from PCT applications, convention priority filings for US/EU-origin inventions, and direct Indian filings for foreign companies seeking market entry protection. The application requirements and examination process are the same as for Indian applicants, though the applicable fee category (and therefore fees) may differ.

Yes. Joint inventorship and joint ownership are explicitly recognised under the Patents Act, 1970. When two or more persons have jointly contributed to the inventive concept, all must be named as inventors on Form 5. Where the patent is jointly owned (for example, by a university and a company that co-developed the technology), all co-owners hold equal undivided shares unless a prior written agreement provides otherwise. It is strongly recommended to have a joint ownership and exploitation agreement in place before filing — specifying each party’s rights to commercialise, sub-license, or assign the patent — to avoid disputes after grant.

Form 27 is a unique Indian patent law requirement. Every patent holder and exclusive licensee must file a Statement of Working every three years, disclosing whether the patented invention is being commercially worked in India, the quantum and value of the patent worked, whether it is manufactured locally or imported, and whether the public requirement is being adequately met. The first statement is due within 6 months from the end of the third financial year after grant. Failure to file attracts a fine of up to ₹10 lakhs. More importantly, non-working is a ground for compulsory licensing applications under Section 84 — meaning a third party can apply to the IPO for a licence to work your invention at a judicially determined royalty rate. We manage Form 27 filing for all our patent clients as part of ongoing portfolio maintenance.