Patents
A patent gives the inventor the exclusive right to an invention for twenty years from the filing date, under the Patents Act, 1970. To qualify, an invention must be new, involve an inventive step and be capable of industrial application, and must not fall within the exclusions in Section 3, such as a computer program per se or a mere discovery.
- Prior art and patentability searchSearching patent databases and literature to judge whether the invention is likely to be new and inventive before money is spent on filing.
- Provisional specificationOptional. It secures an early filing date while the invention is being developed; the complete specification must follow within twelve months.
- Complete specificationThe full description, drawings and claims that define the scope of protection.
- Request for examinationExamination is not automatic. A request on Form 18 must be filed within the prescribed time from the priority date.
- First Examination Report (FER)The Patent Office raises objections; a reasoned response and amendments are filed within the time allowed, followed by a hearing if needed.
- GrantOnce objections are resolved, the patent is granted and annual renewal fees keep it in force.
Startups, small entities and individual inventors pay reduced official fees, and eligible startups can request expedited examination. Indian residents need a Foreign Filing Licence under Section 39 before filing abroad, unless they first file in India and wait the prescribed period.
Industrial designs
The Designs Act, 2000 protects the shape, configuration, pattern or ornamentation applied to a product, such as packaging, furniture, jewellery or a product's outer form. A design must be new and not previously published. Registration lasts ten years and can be extended once by five years.
Geographical Indications (GI)
A GI identifies a product as coming from a particular place, where its quality or reputation is due to that origin. Jharkhand already has registered GIs, such as the Sohrai Khovar painting of Hazaribagh, and many more craft, agricultural and food products could qualify.
- Applications are filed by an association of producers, a cooperative, a government body or another organisation representing the producers
- The application sets out the product's history, the geographical area, the method of production and the link between quality and place
- The GI Registry examines the application and may issue an examination report requiring a reply, followed by a consultative group meeting and hearing
- Once registered, producers can register as authorised users. Registration lasts ten years and is renewable
The chambers has experience in GI prosecution, including drafting replies to GI examination reports and presenting stakeholders' positions before the Consultative Group.
Frequently asked questions
Can software be patented in India?
A computer program per se is excluded under Section 3(k). Inventions that involve software can be patentable where they show a technical effect or technical contribution. Software code itself can be protected by copyright.
Should I file a provisional or complete specification first?
A provisional specification is useful when the invention is still being refined, because it secures the filing date. The complete specification must be filed within twelve months.
Who can apply for a GI tag?
An association of persons, producers, a cooperative, an organisation or an authority established by law that represents the interests of the producers of the goods.
Do I need a patent search before filing?
It is strongly advised. A search shows whether similar inventions already exist and helps draft claims that can survive examination.
This page is general information under Rule 36 of the Bar Council of India Rules and is not legal advice. Official fees are as notified by the Government and may change; confirm current fees before filing.