patents

The Indian patent system is governed by the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2005, and the Patents Rules, 2003, which are periodically updated to reflect evolving legal and technological landscapes.

A patent is a statutory right granted for an invention—either a product or a process—that is novel, involves an inventive step, and is industrially applicable. The term of a patent in India is 20 years from the date of filing, including applications filed under the Patent Cooperation Treaty (PCT).

Key features include:

• Territorial Scope:      Indian patents are enforceable only within India. There is no concept of a      global patent.
• Patentability Criteria: The      invention must be new, non-obvious, and useful. It must not fall under      exclusions listed in Sections 3 and 4 of the Act (e.g., abstract theories,      algorithms, methods of treatment, traditional knowledge).
• Types of Applications:      Includes Ordinary, Convention, PCT National Phase, Patent of Addition, and      Divisional applications.
• Filing & Examination:      Applications can be filed online or offline. Examination occurs only upon      request (Form 18 or 18A for expedited examination).
• Publication & Opposition:      Applications are published after 18 months unless withdrawn or restricted.      Pre-grant and post-grant opposition mechanisms are available under      Sections 25(1) and 25(2).
• Renewal & Maintenance:      Patents require annual renewal fees from the third year onward. Failure to      pay results in cessation, though restoration is possible within 18 months.

The Indian Patent Office also offers digital filing, searchable databases (inPASS), and reduced fees for startups and individuals.