Navigate the complex domain of Patent Law with our comprehensive resources. Protecting your innovations requires more than just submitting a Patent Application, it demands a strategic, end-to-end approach. From prior art searching, patent application drafting to complex Patent Prosecution strategy and defense against infringement, our expert insights guide you through the entire IP lifecycle.
Patents in Outer Space
Patents on Earth
A patent is an exclusive right granted by a national Government to an inventor to exclude others from making, using or selling an invention for a limited period of time usually 20 years. In exchange for this monopoly, the inventor must disclose the patented invention to the public. To receive a patent, the invention must be new, useful and non-obvious.
London Agreement (2000)
The National Validation Phase
For validation of the granted European patent at the National Patent Offices of the Contracting States, a translation of the granted patent into respective national language of the designated state is essential. A patent applicant, in addition to the costs incurred for obtaining the European patent, had to pay national fees and incur translation costs for the patent to be valid in the member state of the EPC.
Patent Protection
Why Protect Computer Software
The laws which govern the protection of computer software fall under the domain of intellectual property. Intellectual property protection is generally granted for the benefit of both creator of the property and public welfare. There is a three step process linking the public welfare with intellectual property. The first step involves expanding the scope of legal protection offered.
Patent Procedure
What is a Patent?
A patent is a limited duration intangible property right that allows one to prevent others from making, using or selling the patented invention in India. A patent is effective for 20 years from its earliest effective filing date (priority date). “Patent Pending” and “Patent Applied for” are terms used to inform the public that a patent application has been filed.
The Role of Patent Law
Introduction
Public interest law advocates the interests of those clients who do not have the economic power to obtaining legal assistance. Public interest law is interested more in helping out the public as opposed to private interests. Patent law on the other hand, is the system by which a set of exclusive rights is granted to an inventor for a fixed period of time in exchange for disclosure of the invention.
SIAM Patent Basics
What is a Patent?
A patent is a limited duration intangible property right that allows one to prevent others from making, using or selling the patented invention in India. A patent is effective for 20 years from its earliest effective filing date (priority date). “Patent Pending” and “Patent Applied for” are terms used to inform the public that a patent application has been filed.
Patent Amendment Info
Information to Clients and Associates
Product patents in respect of novel compositions, drugs, chemicals, agrochemicals, food and new micro-organisms will now be allowed. Mathematical methods, business methods and algorithms remain not patentable. However, technical application of computer software in industry and software in combination with hardware will be patentable.
India Patent Subsidies
Introduction
A patent is a limited duration intangible property right that allows one to prevent others from making, using or selling the patented invention in India. A patent is effective for 20 years from its earliest effective filing date (priority date). “Patent Pending” and “Patent Applied for” are terms used to inform the public that a patent application has been filed.
Frequently Asked Questions About Indian and International Patent Law
1. What are the mandatory criteria for an invention to be patentable in India?
Under the Indian Patents Act, 1970, an invention must be novel, involve an inventive step (non-obvious), and be capable of industrial application to be granted a patent. “Novelty” dictates the invention must not be published or used anywhere globally before the filing date. Furthermore, the invention must not fall under the non-patentable categories outlined in Sections 3 and 4 of the Act, which exclude mere discoveries, business methods, and traditional knowledge.
2. How long does the patent registration process take in India?
A standard patent application in India typically takes 3 to 5 years to be granted, but eligible applicants can utilize the Expedited Examination route to reduce this timeline to 12 to 18 months. Expedited examination (under Rule 24C) allows the Patent Office to issue the First Examination Report (FER) within just 1 to 3 months. This fast-track option is highly strategic but restricted to specific applicants, such as recognized startups, small entities (MSMEs), female inventors, and applicants using India as their International Searching Authority (ISA).
3. When should I file a provisional patent application versus a complete specification?
You should file a provisional application to secure an immediate, legally binding priority date while your invention is still in the R&D phase, whereas a complete specification is the final technical document required to actually obtain the patent grant. A provisional filing is a highly cost-effective strategy to protect your intellectual property before public disclosure or investor pitches. However, you must file the complete specification including the definitive patent claims within exactly 12 months of the provisional filing, or the application will be deemed abandoned.
4. What is the Form 27 "Statement of Working" and what is the filing deadline?
Form 27 is a mandatory statutory declaration that patent owners must file with the Indian Patent Office to confirm whether their granted patent is being commercially exploited within India. Under the latest amendments to the Patent Rules, Form 27 must be filed once every three financial years (a shift from the previous annual requirement). Failure to submit this form can result in severe financial penalties and significantly increases the risk of a third party applying for a compulsory license against your patent.
5. Can software, mobile apps, or AI algorithms be patented in India?
Pure software, business methods, and standalone algorithms are explicitly excluded from patentability under Section 3(k), but they can be patented if they demonstrate a clear “technical effect” or practical hardware integration. The Indian Patent Office’s Computer Related Inventions (CRI) Guidelines clarify that if your software or AI model solves a specific technical problem like increasing processing speed or enhancing hardware efficiency it transcends the exclusion. The patent claims must be meticulously drafted to highlight this technical advancement rather than just the underlying code.
6. Does an Indian patent provide worldwide intellectual property protection?
No, patent rights are strictly territorial, meaning an Indian patent only protects your invention from being manufactured, used, or sold within the borders of India. To protect your invention globally, you must file separate patent applications in each specific country where you intend to manufacture or market your product. This is typically managed through the Patent Cooperation Treaty (PCT) or the Paris Convention route.
7. Should I use the PCT route or the Paris Convention for filing patents abroad?
The Paris Convention is best if you only need protection in 2 or 3 specific countries within 12 months, whereas the Patent Cooperation Treaty (PCT) is ideal if you need a unified filing process that extends your deadline to enter multiple global markets up to 31 months. The PCT route is heavily favored by tech companies and startups because it defers the massive translation and foreign attorney costs. It also provides an International Search Report (ISR), giving you a preliminary assessment of your invention’s patentability before you commit capital to individual foreign patent offices.
8. What is the deadline to enter the National Phase of a PCT application?
For the vast majority of jurisdictions including the US, Europe, and India, the strict deadline to enter the PCT National Phase is 30 or 31 months from your earliest priority date. Missing this non-extendable deadline generally results in the permanent abandonment of your patent rights in those foreign countries. Because preparing translations and appointing local foreign counsel takes time, you should instruct your patent attorneys at least two to three months before this 31-month window closes.
9. Can an Indian resident file a patent directly in the US or Europe without filing in India first?
Yes, but an Indian resident must first obtain a Foreign Filing License (FFL) from the Indian Patent Office before filing any direct patent application in a foreign jurisdiction. Section 39 of the Patents Act mandates that Indian residents must either file locally first and wait six weeks, or obtain an explicit FFL. Bypassing this statutory requirement is a serious offense that can lead to the revocation of your Indian patent rights and potential criminal liability.
10. How does the Patent Prosecution Highway (PPH) speed up foreign patent applications?
The Patent Prosecution Highway (PPH) is a bilateral agreement that allows you to request accelerated examination of your patent in a foreign country if another participating patent office has already found your claims to be patentable. For example, if the Indian Patent Office grants your patent or issues a positive examination report, you can leverage India’s active PPH programs (such as with the Japan Patent Office) to drastically expedite the examination of your corresponding application in that country, saving significant time and international prosecution costs.
