📋 In This Article
What is a Patent?
A patent is an exclusive right granted by the Government of India to an inventor under the Patents Act, 1970. In exchange for publicly disclosing how the invention works, the inventor receives exclusive rights to make, use, sell and license the invention in India for 20 years from the filing date.
A patent is a bargain between the inventor and society — public disclosure in exchange for a time-limited commercial monopoly. After 20 years, the invention enters the public domain and anyone can use it freely.
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Rights of a Patent Holder
- Exclusive manufactureOnly the patent holder — or those they authorise — can make the patented product in India
- Control over saleThe patent holder controls who sells or imports the patented product — infringers can be sued
- License for royaltiesGrant licences to others and collect royalties — turning the patent into a revenue asset
- Assign the patentSell the patent outright — patents are transferable commercial property
- Sue for infringementSeek injunction, damages and delivery up against unauthorised users
Types of Patent Applications in India
Secures priority date immediately. 12 months to file complete specification. Enables "Patent Pending" status. Ideal when invention is still being developed.
Full specification with formal claims, description, drawings and abstract. Can be filed directly or within 12 months of provisional.
One application for 157 countries. 30-month window to decide national phase entry. Best for global protection strategy.
Filed claiming priority from a foreign application within 12 months under the Paris Convention.
Three Requirements for Patentability
- NoveltyThe invention must not have been previously published or publicly disclosed anywhere in the world before the filing date
- Inventive stepMust not be obvious to a person skilled in the field — must involve a genuine technical advance
- Industrial applicabilityMust be capable of being made or used in some kind of industry — purely theoretical concepts are not patentable
Critical: Any public disclosure — presentation, publication, social media post or investor pitch without NDA — before the filing date permanently destroys novelty. File before you disclose.
What Cannot Be Patented — Section 3
- Mathematical methods and algorithmsBusiness methods, mathematical formulas and computer programs per se — Section 3(k)
- Methods of treatmentMedical treatment, surgery or diagnosis of humans or animals — Section 3(i)
- Mere discoveriesA new scientific principle or abstract theory without industrial application
- Traditional knowledgeAggregations of known traditional knowledge cannot be patented — Section 3(p)
- New forms without enhanced efficacyA new form of a known substance without enhanced efficacy — particularly relevant in pharmaceuticals under Section 3(d)
Patent vs Trademark vs Trade Secret
| Aspect | Patent | Trademark | Trade Secret |
|---|---|---|---|
| Protects | New invention | Brand identity | Confidential info |
| Duration | 20 years, fixed | 10 yrs, renewable ∞ | Indefinite |
| Requires registration | Mandatory | Recommended | Not required |
| Public disclosure | Yes — mandatory | Yes — registered | No — must stay secret |
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- End-to-end serviceFiling to registration to renewal — complete IP lifecycle management for every client
Frequently Asked Questions
What is a patent in India?
A patent is an exclusive right granted by the Government of India to an inventor under the Patents Act, 1970. It gives the patent holder exclusive rights to make, use, sell and license the invention in India for 20 years from the filing date, in exchange for publicly disclosing how the invention works.
How long does a patent last in India?
A patent in India is valid for exactly 20 years from the filing date. Annual renewal fees must be paid to keep the patent in force throughout this period. After 20 years the invention enters the public domain — unlike a trademark which can be renewed indefinitely.
What types of patent applications exist in India?
India recognises four types: a provisional application that secures the priority date and gives 12 months to file complete specification; a complete application with full specification and formal claims; a PCT international application for protection in 157 countries; and a convention application claiming priority from a foreign filing within 12 months under the Paris Convention.
What is the difference between a patent and a trademark?
A patent protects a new technical invention for a fixed 20-year period requiring public disclosure. A trademark protects brand identity — name, logo or slogan — and can be renewed indefinitely every 10 years. Both can apply to the same product simultaneously — a product can have a patented technology and a trademarked brand name.
Can an individual inventor file a patent in India?
Yes. Individual inventors, companies, research institutions and universities can all file patent applications in India. Individual inventors and DPIIT-recognised startups receive an 80% fee concession on patent filing fees — paying only 20% of the standard fee, making patent protection significantly more accessible.
Official Resource: For authoritative information, visit Indian Patent Office, IP India.