Ideal for comprehensive patent searches, claim drafting, and expert consultation.
Patent Search, consultation by the Expert
In-depth analysis of the invention's technical details.
Strategic advice on patent filing and claim drafting
Drafting and filing of the application under expert supervision
Preparation and review of claims for complete patent filing
Please note: All prices listed are excluding GST.
18% GST and government taxes apply.
Any additional services shall be charged accordingly by the professional
and will be intimated before filing.
Patent Registration Readiness™
Step 1 – Check your patent readiness
About your invention
Readiness checklist
Your readiness score0%
Below 40% – you are still exploring · 40–70% – almost ready,
close the gaps · 70%+ – strong candidate for patent filing.
Risk snapshot if you delay filing
Now
Strong chance to claim earliest priority date and keep full control.
6–12 months
Higher risk of similar filings, disclosures, and loss of novelty.
Later
Idea may only be protected as a trade secret — patent route may close.
Step 1 – Conduct a patent search
Check Indian and global patent databases for similar inventions.
Identify prior art and refine claims before you file.
Early search reduces rejection risk and saves cost later.
Step 2 – Prepare provisional or complete specification (Form 2)
Draft a provisional if the invention is evolving, to lock
your priority date.
Draft a complete specification with claims, drawings, and
full technical details when the invention is final.
Clear claims and structure are critical — this is where expert drafting adds
maximum value.
Step 3 – File patent application (Form 1)
File Form 1 with the Patent Office along with specification and fees.
Get the application number and filing date — your legal starting point.
Choose the correct jurisdiction (Mumbai, Delhi, Chennai, Kolkata) based on applicant
details.
Step 4 – Submit supporting forms (Form 3 & Form 5)
Form 3: Statement & undertaking for foreign filings of the same invention.
Form 5: Declaration of inventorship – who actually invented the subject matter.
File within the statutory deadlines to keep your application compliant.
Step 5 – Publication in the Patent Journal
Application is normally published after 18 months from priority date.
Early publication (Form 9) is possible if you want faster movement.
After publication, your invention is visible and open to pre-grant opposition.
Step 6 – Request for Examination (Form 18)
Must be filed within 48 months from priority date.
Triggers detailed examination on novelty, inventive step, and industrial applicability.
Without Form 18, the application will not be examined or granted.
Step 7 – Respond to First Examination Report (FER)
Examiner issues FER with objections or clarifications.
File a reasoned, technical reply within 6 months (extendable by 3 months).
Attend hearings if scheduled, and submit written arguments and amended claims.
Step 8 – Grant of patent & certificate
Once objections are cleared, the application proceeds to grant.
You receive a patent certificate with number, date, and complete specification details.
Rights last for 20 years from the filing date, subject to timely renewal fees.
Core documents for patent registration
Form 1 – Application for grant of patent.
Form 2 – Provisional or complete specification.
Form 3 – Statement & undertaking for foreign filings.
Form 5 – Declaration as to inventorship.
Form 26 – Power of Attorney (if agent is filing).
Priority documents for convention / PCT national phase filings.
Permission from National Biodiversity Authority (if biological resources of India are
used).
After grant & compliance
Form 27 – Statement of commercial working of the patent in India.
Renewal fee challans to keep the patent alive year by year.
Form 28 – For startups / small entities to claim lower fee categories.
Internal IP register recording owners, licencees, and key dates.
Missing a document or deadline can delay or derail the grant — a managed
docket helps avoid this.
Typical timeline in India
Filing → Publication: 18 months (or earlier with Form 9).
Publication → Examination: depends on when Form 18 is filed and office
workload.
Overall: usually
1–3 years from first filing to grant, depending on complexity and
whether expedited routes are used.
Startups, small entities, and certain categories can use expedited examination
to target a grant in roughly 1–1.5 years.
Validity & renewals
Patent is valid for 20 years from the filing date.
Renewal fees start from the 3rd year onwards.
Missed renewal → 6-month grace with surcharge, then possible restoration within 18 months
(Form 15).
Consistent renewal is essential to prevent lapse and loss of rights.
Types of patent applications
Provisional application – for early-stage ideas; locks priority for 12
months.
Complete specification – full, final application with claims.
Convention application – filed in India within 12 months of a
convention-country filing.
PCT international application – single filing giving you a window for
multiple countries.
PCT national phase – entering India after a PCT filing (within 31
months).
Special cases
Patent of addition – improvements or modifications to an existing patent.
Divisional application – when the original filing contains more than one
invention.
Strategy often combines a provisional, followed by complete specification and
carefully planned foreign filings.
“We had a rough prototype and zero clarity on patent law. The Readiness tool
showed exactly what was missing and the team helped file our provisional in 12 days.”
— Co-founder, SaaS & IoT startup
“The step-by-step process view made it easy to track where we were — search, FER
reply, grant. No surprises on timelines or fees.”
— CTO, Health-tech company
“They helped us choose between patent, trade secret and design registration so we
didn’t over-spend on the wrong IP route.”
— Founder, Manufacturing MSME
An Easy Guide to Patent Registration
What Is a Patent?
A patent is a legal right that protects an invention by giving its owner exclusive control over its
manufacture, use, sale, or import. Essentially, it stops others from exploiting the invention
without permission. Inventors file for patents to secure their innovative ideas and prevent
unauthorized commercial exploitation. In India, obtaining a patent is a complex, time-intensive
process—but nolegalpaisa (or Vakilsearch, as mentioned in the original text) offers a streamlined
solution to simplify registration.
Patent Registration in India: Governing Legislation
Patents Act, 1970:
This Act, amended in 2005 to align with global standards, governs patent law in India. It awards
patents for truly novel, inventive, and industrially applicable innovations.
What Is Patent Registration?
Patent registration in India is the process through which an inventor or owner secures exclusive
rights for a defined period (usually 20 years) to prevent others from making, using, or selling the
invention without consent. In exchange, the inventor must disclose detailed information about the
invention, which promotes further research and development.
Types of Inventions That Can Be Patented
Patentable Subject Matter:
Inventions covering new products, processes, methods, chemicals, pharmaceuticals, software
innovations, and improvements to existing technologies can be patented—provided they are novel,
non-obvious, and industrially applicable. ˇ
Inventions Not Eligible for Patent Protection
Certain categories are excluded from patent protection in India, including:
· Discoveries of natural laws or scientific principles.
· Methods or plans for mental activities, gaming, or business practices.
· Inventions that are against public morality or order, or harmful to the environment, animals,
or humans.
· Mere discoveries of new forms of known substances without improved functionality.
· Arrangements or duplications of known devices that do not yield a new result.
· Agricultural or horticultural methods.
Eligibility Criteria for Patent Registration
To successfully file a patent application in India, the following conditions must be met:
· Inventorship: he applicant must be the actual inventor or the assignee of the invention.
· Novelty: The invention must be new and not previously disclosed to the public.
· Non-Obviousness: It should not be an obvious development or modification of existing
technology.
· Industrial Applicability: The invention must be useful and capable of industrial application.
· Detailed Disclosure: The applicant must provide a comprehensive description and technical
specifications of the invention.
Filing a Patent Application
Where to File
Patent applications must be submitted at the appropriate patent office. Jurisdiction is determined
by factors such as:
The applicant’s residence, domicile, or business location (the primary applicant’s address is
used in joint applications).
· The invention's place of origin.
· For foreign applicants without a local presence, a designated service address in India is
used.
Jurisdiction by Region
· Mumbai Patent Office: Covers Gujarat, Maharashtra, Madhya Pradesh, Chhattisgarh, Goa, and
the Union Territories of Daman & Diu and Dadra & Nagar Haveli.
· Delhi Patent Office: Handles cases for Haryana, Himachal Pradesh, Jammu and Kashmir,
Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, and Delhi.
· Chennai Patent Office: Serves Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union
Territories of Pondicherry and Lakshadweep.
· Kolkata Patent Office: Responsible for Bihar, Orissa, West Bengal, Sikkim, Assam,
Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and the Andaman & Nicobar Islands.
Frequently Asked Questions
Unauthorized use, reproduction, sale, or distribution of a patented invention without
the owner's permission.
The registered patent owner or an authorized legal representative.
Typically 20 years from the date of filing, subject to renewal fees.
Non-infringement, invalidity of the patent, prior art, exhaustion, and experimental use
Penalties can include injunctions, monetary damages, fines, and in some cases, criminal
sanctions.
Through a detailed comparison of the accused product or process against the patent
claims, along with evidence collection.
Conduct thorough patent searches, obtain licenses, and consult with legal experts.
Resolution timelines vary, with some cases resolved in a few months and others taking
years in court.
Resolution timelines vary, with some cases resolved in a few months and others taking
years in court.
While primarily for copyrights, the Patent Office is the central authority for
registering and managing patents.
Criminal proceedings are rare and typically reserved for severe, deliberate cases of
infringement.
The infringer may respond, and if unresolved, litigation may follow.
We utilize a per-page pricing model that ensures you pay only for the work performed.
Yes, we provide free initial consultations to assess your situation.
.Our secure online portal allows you to track your case through every legal milestone.
Yes, RTI can sometimes be used to obtain data from public authorities that may help
establish prior art or evidence.
Utility patents, design patents, and plant patents, as defined under the Indian Patents
Act.
Evidence includes the patent registration, proof of infringement, and expert analysis
comparing the patent with the infringing item.
Yes, we offer comprehensive legal services for both patent infringement lawsuits and
defenses.
Contact us via our online form, email, or hotline to schedule your free consultation and
take the first step in protecting your innovation
Connect with us
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