1. What is a patent?
A patent is a legal right granted to an inventor, allowing them to exclude others from making, using, selling, or importing their invention without consent for a limited period, in exchange for public disclosure of the invention.
2. How long does a patent remain valid in India?
In India, a patent is valid for a term of 20 years from the date of filing. For international (PCT) applications entering the national phase, the term is counted from the international filing date.
3. Does an Indian patent offer protection globally?
No. Patent rights are territorial. An Indian patent is enforceable only within India. Separate applications must be filed in other countries where protection is sought.
4. What types of inventions are patentable?
Patentable inventions must be novel, involve an inventive step, and be capable of industrial application.
5. Are there any inventions that cannot be patented?
Yes, the Indian Patents Act excludes certain inventions such as:
- Abstract theories and scientific principles
- Mere discoveries of natural substances
- Business methods and computer programs per se
- Inventions contrary to public order, morality, or those harmful to life or the environment
- Traditional knowledge
- Methods of treatment, agriculture, or horticulture
- Mathematical methods, presentations of information, and others as defined in Section 3
1. Who is eligible to file a patent in India?
A patent application can be filed by the true and first inventor, an assignee of the inventor, or a legal representative of a deceased inventor. It may be filed individually or jointly.
2. When should a patent application be filed?
It should be filed at the earliest opportunity to secure priority. A provisional application can help establish the filing date, followed by the complete specification within 12 months.
3. Can an invention be patented if it's already been published or displayed publicly?
Generally, public disclosure before filing disqualifies patentability. However, under certain conditions, a 12-month grace period is available if the disclosure was in government-recognized exhibitions or learned societies.
4. What are the types of patent applications in India?
- Ordinary Application
- Convention Application (based on foreign priority)
- PCT International Application
- PCT National Phase Application
- Divisional Application
- Patent of Addition
5. Is it necessary to file a provisional specification?
No. A provisional specification is optional and primarily useful when the invention is not fully developed.
1. Is the patent application examined automatically after filing?
No. A separate request for examination (Form 18 or 18A) must be submitted within 31 months of the filing/priority date.
2. Can examination be expedited?
Yes. Expedited examination is available under specified conditions (e.g., for startups, small entities, women applicants, etc.) by filing Form 18A.
3. What happens after the First Examination Report (FER)?
The applicant must respond to objections within 6 months (extendable by up to 6 months with Form 4 and fees). Failure to respond leads to the application being deemed abandoned.
4. Can a patent be refused without a hearing?
No. Applicants are entitled to a hearing if they request it at least 10 days before the expiry of the prescribed response period.
5. When is a patent granted?
Once all objections are resolved and no pre-grant opposition is pending, the patent is granted and published in the Patent Journal.
1. What is a pre-grant opposition?
Any person may file a representation opposing the grant before it is granted using Form 7A. Grounds are defined under Section 25(1).
2. What is a post-grant opposition?
A person interested can oppose within 12 months of the publication of the grant using Form 7.
3. What are the patentee’s obligations post-grant?
The patentee must:
- Pay annual renewal fees from the 3rd year onward
- File Form 27 (statement of working) once every 3 financial years
4. Can a lapsed patent be restored?
Yes. A restoration request must be filed within 18 months of lapse, along with payment of fees.
1. What is the Patent Cooperation Treaty (PCT)?
PCT allows filing of a single international application to seek protection in over 150 countries, streamlining the process and deferring individual national filings up to 30/31 months.
2. Can Indian applicants file PCT applications?
Yes. Indian applicants can file with the Indian Patent Office (RO/IN) or WIPO (RO/IB), but prior permission from the Controller is required if the invention has not first been filed in India.
3. What are the benefits of PCT filing?
• Time extension for filing in multiple jurisdictions
• International search and examination
• Centralized filing process
• Cost and administrative savings
4. What is a national phase entry in PCT?
It is the step where the international application enters individual countries’ jurisdictions (e.g., India) for local examination and grant, usually within 31 months.
