Guide for Indian Patent Application Process

Patent Trademark

India Profile

The Republic of India, commonly known as India, is a country located on the Indian subcontinent in South Asia. It ranks seventh in the world in terms of area and the third largest in Asia. It actually controls a territory of about 3.16 million square kilometers. India has the largest population in the world. As of DecRead more

India Profile

The Republic of India, commonly known as India, is a country located on the Indian subcontinent in South Asia. It ranks seventh in the world in terms of area and the third largest in Asia. It actually controls a territory of about 3.16 million square kilometers. India has the largest population in the world. As of December 2022, India has a population of 1.417 billion. Calculated by GDP, India is now the fifth largest economy in the world.

Indian Intellectual Property Legal System

  • "Patent Law"
  • "Patent Regulations"
  • "Designs Act"
  • "Designs Regulations"
  • "trademark law"
  • "Law on the Protection of Geographical Indication Products"
  • Copyright Act
  • "Semiconductor Integrated Circuit Layout Design Law"
  • Plant Variety Protection and Farmers' Rights Act

International Organization/Agreement

  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Paris Convention for the Protection of Industrial Property
  • Patent Cooperation Treaty
  • Nairobi Treaty for the Protection of the Olympic Emblem
  • "Convention Establishing the World Intellectual Property Organization"
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • Berne Convention for the Protection of Literary and Artistic Works
  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
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Filing Language
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Indian Patent Office

English: Indian Patent Office, abbreviation: IPO

Website: www.ipindia.gov.in

Indian Invention Patent Search: Intellectual Property India (ipindiaservices.gov.in)

  • From January 1, 2016, India has enabled a new patent application number structure, namely:
    • [4-digit year of AD] + [patent application acceptance location] + [patent application type] + [6-digit patent application serial number]
  • Among them, the place where the patent application is accepted is represented by numbers from 1 to 4:
    • 1: Delhi
    • 2: Mumbai
    • 3: Calcutta
    • 4: Chennai
  • The type of patent application is represented by numbers 1-9:
    • 1: Indian domestic patent application
    • 2: Indian domestic patent divisional application
    • 3: Additional domestic patent applications in India
    • 4: PCT International Application
    • 5: Divisional PCT International Application
    • 6: Additional application for PCT international application
    • 7: PCT application enters the Indian national phase
    • 8: PCT application enters Indian national phase divisional application
    • 9: Additional application for PCT application entering Indian national phase
  • The publication number and the publication number of the Indian invention patent application are serial numbers with the same 6 digits, A is the first publication, and B is the granted announcement for the second publication.
  • The Indian design patent application is a 6-digit patent application serial number, and the patent granted is also the granted announcement number.

Filing Language: English

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and English Translation   
  3. Viability Statement of Microorganism and English Translation
  4. Power of Attorney
  5. Declaration of Small Entity
  6. Declaration of Inventorship
  7. Scanned Copy of Certified Priority Document / DAS
  8. English translation of Certified Priority Document
  9. Declaration of Ownership/Certification of Employment/Assignment of priority
  10. Assignment for Patent Right Transfer
  11. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  12. IDS Form/IDS Document/Family Patent Information Form
  13. Translator Statement

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Entry into the Indian national phase 19/28/34/41 amended
  4. Sequence Listing (PDF format and TXT format)
  5. Microorganism preservation certificate and its English translation
  6. Microorganism Survival Certificate and Its English Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of priority
  9. Assignment for Patent Right Transfer
  10. IDS Form/IDS Document/Family Patent Information Form
  11. Translator statement

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 31 months from earliest priority date.

Indian invention patents need formality examination and substantive examination, and the applicant/anyone should submit a request for substantive examination within 48 months from the filing date.

In India, if:

- the details of the patent are disclosed without the consent of the inventor or any person entitled to the details
- Disclosed in communications with the government regarding previous investigations into the invention or its merits
- Publication at industrial or other exhibitions sanctioned by the Central Government of India
- describe or use the invention in any such exhibition without the consent of the inventor or its proprietor
- a description of the invention in a press intended for or used by the Society
- the applicant, the applicant's successor, or an individual with the consent of the above-mentioned parties, disclosed in the public work when the reasonableness test is carried out

The patent enjoys a novelty grace period within 12 months from the filing date or the priority date.

3-8 years

  • Grant fee: None

  • Annuity: The applicant shall pay the commenced and all due annual fees within 3 months from the granted date. The annual fee shall be calculated and paid year by year from the 3rd year from the filing date and shall be paid before the filing date of each year. Overdue payment may be made within 6 months of the grace period.

    Applicants are required to provide the Indian Patent Office with a report concerning the granted patent before March 31 of each year, stating the status of the granted patent in the year of monetization. 

No

Yes

No

Name of Patent Office

Indian Patent Office

English: Indian Patent Office, abbreviation: IPO

Website: www.ipindia.gov.in

Indian Design Patent Search: Intellectual Property India (ipindiaservices.gov.in)

  • From January 1, 2016, India has enabled a new patent application number structure, namely:
    • [4-digit year of AD] + [patent application acceptance location] + [patent application type] + [6-digit patent application serial number]
  • Among them, the place where the patent application is accepted is represented by numbers from 1 to 4:
    • 1: Delhi
    • 2: Mumbai
    • 3: Calcutta
    • 4: Chennai
  • The type of patent application is represented by numbers 1-9:
    • 1: Indian domestic patent application
    • 2: Indian domestic patent divisional application
    • 3: Additional domestic patent applications in India
    • 4: PCT International Application
    • 5: Divisional PCT International Application
    • 6: Additional application for PCT international application
    • 7: PCT application enters the Indian national phase
    • 8: PCT application enters Indian national phase divisional application
    • 9: Additional application for PCT application entering Indian national phase
  • The publication number and the publication number of the Indian invention patent application are serial numbers with the same 6 digits, A is the first publication, and B is the granted announcement for the second publication.
  • The Indian design patent application is a 6-digit patent application serial number, and the patent granted is also the granted announcement number.

Filing Language: English

Necessary documents:

  1. Pictures of the design (six-sided views), each page of which should contain a statement of novelty and, if any, a waiver of exclusive rights to the mechanical function of the design and to the trademarks, works, letters and numbers used in the design statement, duly signed and dated.
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. small entity declaration
  3. inventor statement
  4. Scanned Copy of Certified Priority Document / DAS
  5. English translation of the priority certificate
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. IDS Form/IDS Document/Family Patent Information Form
  9. translator statement

15 years

via Paris Convention : 6 months from earliest priority date.

IPO conducts formal and substantive examinations of design patent applications. The substantive examination starts automatically, and the applicant does not need to file a separate substantive examination request.

The grace period for novelty of an Indian design application is 6 months from the date of disclosure, provided the exhibitor has given prior notification to the Patent Office in the prescribed form. According to the provisions of the Indian Patent Act, the manner of disclosure shall be:
- Presentation of designs at industrial or other fairs.
- Publication of the design during or after the exhibition.
- Display or publication of designs or design descriptions by third parties during or after the fair without the consent of the design owner.

  • Grant fee: None
  • Annuity: The renewal fee is paid every 5 years. If the annuity is not paid within the time limit, it can be paid within the 6-month grace period and the penalty should be paid at the same time.

7 months

No

No

Yes

No

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