Patents in India
Advise, Drafting, Representation | Patent Securing Your Innovations and InventionsPatents in India
Innovation drives progress and defines industry leadership. A well-structured patent strategy does more than protect technology — it strengthens competitive advantage, enhances company valuation, and attracts partnerships and investment. ATB Legal’s India patent practice provides comprehensive legal and technical assistance across the full patent lifecycle — from invention disclosure and patentability assessment through to filing, prosecution, licensing, and enforcement before Indian courts and the Indian Patent Office (IPO).
Strong technical foundations. Clear documentation. A streamlined pathway to patent protection and enforcement under India’s Patents Act 1970 — for inventors, research institutions, technology companies, and global enterprises.
Our Patent Services Include
ATB Legal’s India patent team provides end-to-end advisory across every stage of the patent lifecycle, operating under India’s Patents Act 1970 as amended. Whether protecting a pharmaceutical compound, a machine learning architecture, a mechanical device, or a biotechnology process, the team combines legal precision with technical understanding to ensure every invention is described, protected, and commercialised with accuracy.
- Patentability Searches and Prior Art Evaluations: Assessing novelty, inventive step, and industrial applicability through comprehensive prior art searches before filing — establishing whether your invention meets the requirements of the Patents Act 1970.
- Drafting and Filing Patent Applications: Preparing technically accurate and legally robust patent specifications — including claims, abstract, drawings, and complete or provisional specifications — for filing with the Indian Patent Office (IPO) in compliance with procedural and substantive requirements.
- Managing PCT and Paris Convention Filings: Coordinating international patent applications through the WIPO-administered PCT system and the Paris Convention priority route for protection across multiple jurisdictions, with India as the filing origin or designated country.
- Patent Prosecution and Office Action Responses: Drafting detailed responses to examination reports and objections from the IPO, conducting pre-grant hearings where required, and managing the complete prosecution process from filing through to grant.
- Patent Renewals, Annuities, and Portfolio Management: Monitoring renewal deadlines, maintaining patent validity through annual fee payments, and managing coordinated filing strategies across India and international jurisdictions.
- Licensing, Assignment, and Technology Transfer Agreements: Structuring and drafting patent licensing agreements, technology transfer arrangements, assignment deeds, and R&D collaboration agreements to commercialise or transfer IP rights.
- Patent Enforcement and Defence: Representing clients in infringement actions, opposition proceedings before the IPO, post-grant opposition, and enforcement proceedings before Indian courts — including revocation petitions before the High Courts.
- Confidentiality and Pre-Filing Protection: Drafting NDAs, R&D collaboration frameworks, and inventor confidentiality agreements to protect the invention before the filing date is established.
Types of Patents We Handle
India’s patent framework recognises several categories of patentable subject matter under the Patents Act 1970 as amended. ATB Legal advises across all recognised patent types and their specific prosecution strategies.
Standard Invention Patents
Granted for inventions that are novel, involve an inventive step, and are capable of industrial application. Patentable subject matter spans mechanical devices, chemical compositions, processes, methods, and computer-implemented inventions that demonstrate a technical effect. Applications are examined by the Indian Patent Office under the Patents Act 1970.
Pharmaceutical and Biotechnology Patents
India’s Patents Act contains specific provisions governing pharmaceutical patents, including the Section 3(d) restriction which limits the grant of patents for new forms of known substances without proof of enhanced efficacy. ATB Legal advises pharmaceutical and biotech clients on patentable subject matter boundaries, claim strategy, and mandatory working requirements under the Act.
Software and Computer-Implemented Inventions
Pure software is not patentable in India under Section 3(k) of the Patents Act. However, computer-implemented inventions that produce a technical effect — improved processing, data security, or control mechanisms — may qualify. ATB Legal advises on claim drafting strategies to maximise patent eligibility for technology and AI-based innovations.
Industries We Represent
ATB Legal’s India patent practice serves technology and software companies, pharmaceutical and biotechnology firms, manufacturing and industrial innovators, academic and research institutions, and healthcare device developers across India, the GCC, and international jurisdictions — with coordinated patent portfolio management through the IPO, PCT, and associate networks.
FAQFrequently Asked Questions- Patents
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.
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.
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.
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.
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.
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.
Uncompromising QualityOUR APPROACH
At ATB Legal, we understand that a patent is more than a legal right — it is a strategic business tool that supports innovation, investment, and long-term growth. Our team, comprising legal professionals and technical advisers, collaborates closely with inventors, R&D teams, and corporate management to ensure that each filing accurately reflects the invention’s full scope and commercial potential. From conducting patentability searches and drafting technically sound specifications to navigating India’s Patents Act 1970 examination process and managing PCT international filings, we deliver clarity, compliance, and confidence at every stage. Our goal is not only to secure your inventions but to help you transform innovation into strategic advantage — enabling your ideas to compete in markets, attract investment, and generate returns.
Meet The Core Team
Our Team of
Lawyers and Experts
LLB, LLM, FCIArb
Asha Treesa Bejoy
LLB
Jose Joseph
LLB
Jerome Jose
Micro Case Studies
Representative Experience
Technology Startup — Patent Filing and PCT Strategy
Advised an early-stage technology company on a comprehensive patent protection strategy for its foundational software-implemented inventions. The mandate covered patentability searches, prior art evaluation, drafting of patent specifications and claims for filing with the Indian Patent Office, and a coordinated PCT international filing strategy to secure protection across key commercial markets. The client's filing roadmap was structured to support an upcoming funding round.
AI Innovation — Patentability Assessment and Claim Strategy
Conducted a comprehensive patentability search and prior art analysis for a company seeking to protect an artificial intelligence-based system with novel algorithmic architecture. The assessment evaluated novelty and inventive step, identified conflicting prior art, and advised on claim drafting strategies to maximise patent eligibility under India's Patents Act[ATB Legal7.1]. The client proceeded to file with a significantly refined and defensible claim set.
Research Institution — Technology Transfer and Licensing
Drafted and negotiated patent licensing arrangements for a research institution commercialising innovations developed through academic R&D. The mandate covered licensing agreement structure, field-of-use and territory definitions, sub-licensing provisions, royalty frameworks, and coordination of the technology transfer with the commercial partner — ensuring the institution's IP rights were protected while enabling effective commercialisation.
Advised an early-stage technology company on a comprehensive patent protection strategy for its foundational software-implemented inventions. The mandate covered patentability searches, prior art evaluation, drafting of patent specifications and claims for filing with the Indian Patent Office, and a coordinated PCT international filing strategy to secure protection across key commercial markets. The client's filing roadmap was structured to support an upcoming funding round.
AI Innovation — Patentability Assessment and Claim Strategy
Conducted a comprehensive patentability search and prior art analysis for a company seeking to protect an artificial intelligence-based system with novel algorithmic architecture. The assessment evaluated novelty and inventive step, identified conflicting prior art, and advised on claim drafting strategies to maximise patent eligibility under India's Patents Act[ATB Legal7.1]. The client proceeded to file with a significantly refined and defensible claim set.
Research Institution — Technology Transfer and Licensing
Drafted and negotiated patent licensing arrangements for a research institution commercialising innovations developed through academic R&D. The mandate covered licensing agreement structure, field-of-use and territory definitions, sub-licensing provisions, royalty frameworks, and coordination of the technology transfer with the commercial partner — ensuring the institution's IP rights were protected while enabling effective commercialisation.
Free Legal Consultation
ATB Legal's India patent team advises inventors, technology companies, research institutions, and global enterprises — from patentability assessment and IPO filing through to PCT strategy, prosecution, licensing, and enforcement. Speak to the team before your next invention reaches the public domain.