पेटेंट रजिस्ट्रेशन

What is a Patent?

A patent gives the inventor exclusive rights over a new product or process under the Patents Act, 1970, so others cannot make, use, sell or import it without permission. An invention qualifies if it is new (novel), involves an inventive step and is capable of industrial application. In India an application is filed, examined and then granted.

Who Can Apply?

• The true inventor, or a person who has the inventor's rights by assignment
• Legal representative of a deceased inventor
• Individuals, startups, small entities, companies, institutions and foreign applicants

Forms & Documents

• Form 1: application for grant of patent
• Form 2: provisional or complete specification
• Form 3: statement and undertaking on foreign filings
• Form 5: declaration of inventorship
• Form 26: authorisation of patent agent, if one files
• Form 28: for startups, small entities and educational institutions (lower fees)
• Form 18 / 18A: request for examination / expedited examination

Filing Process

1. Do a patent search to check novelty
2. Prepare the specification, with drawings and claims
3. File a provisional application first if the invention is still developing
4. File the complete application on the IP India portal
5. Application is published after 18 months (early publication possible on Form 9)
6. Request examination on Form 18 within 31 months
7. Reply to the examination report and attend any hearing
8. Patent is granted when all objections are cleared

Grant usually takes several years; startups and small entities can opt for faster examination on Form 18A.

Fees (e-filing, indicative)

Other applicants pay higher fees, and extra pages or claims cost more. Check the current IP India fee schedule before filing.

Validity & Renewal

• A patent lasts 20 years from the date of filing
• Annual renewal fees must be paid from the third year to keep it alive
• A late renewal can be paid within 6 months of the due date, and a lapsed patent can be restored by petition within 18 months

Why eMitrawala?

• Experienced team for registrations and compliance
• Quick document checking and filing
• Support from application to final certificate
• Clear pricing with no hidden charges