Patents-India FAQs

1. What is a patent and what rights does it confer in India?

A patent granted under India’s Patents Act 1970 gives the patentee the exclusive right to prevent others from making, using, offering for sale, selling, or importing the patented invention in India for the duration of the patent term. The standard term is 20 years from the date of filing, subject to payment of annual renewal fees.

2. What inventions are patentable in India?

Inventions that are novel, involve an inventive step, and are capable of industrial application. Subject matter includes mechanical devices, chemical compositions, processes, and computer-implemented inventions with a technical effect. Section 3 of the — and ATB Legal conducts a patentability assessment before any filing is recommended.

3. Do I need a patentability search before filing?

Yes — a prior art search is strongly recommended before filing. ATB Legal conducts novelty, prior-art, and freedom-to-operate searches to evaluate patentability, identify conflicting patents, and inform claim drafting strategy. A thorough pre-filing search prevents wasted filing costs and shapes the application to maximise the likelihood of grant.

4. How do I file a patent application in India?

Applications are filed with the Indian Patent Office through its online portal. A provisional specification may be filed first to establish a priority date, followed by a complete specification within 12 months. ATB Legal prepares the full specification — claims, abstract, and drawings — and manages the complete filing and prosecution process.

A Request for Examination (RFE) must be filed within 48 months from the priority date, failing which the application is deemed withdrawn.

5. Can I seek international patent protection from India?

Yes. ATB Legal manages international filings through the PCT system administered by WIPO, allowing a single application to seek protection in over 150 countries. Protection in specific countries can also be sought via the Paris Convention priority route within 12 months of the India filing date.

6. What is patent prosecution and how long does it take?

Patent prosecution is the process of dealing with the Indian Patent Office after filing — responding to examination reports, addressing objections, and progressing the application to grant. The IPO issues a first examination report typically within 12 to 18 months of the request for examination. ATB Legal handles all prosecution correspondence and pre-grant hearings.