How Patents Are Granted in India

Understanding how patents are granted in India is essential for every aspiring lawyer and law student interested in Intellectual Property Rights (IPR). Whether you plan to practise in corporate law, work with startups, or pursue IP litigation, knowing the patent registration process will give you an edge in advising clients and drafting applications.

In this practical guide, you’ll explore how patents work in India, the procedural steps involved, and the legal framework governing them.

What Is a Patent and Why Is It Important for Legal Practice?

A patent is an exclusive right granted by the government to an inventor for an invention that is new, inventive, and industrially applicable. It prevents others from making, selling, or using the invention without permission.

For lawyers, understanding patent law is more than academic—it’s about helping clients secure their innovations, draft claims strategically, and navigate the legal system effectively.

Which Law Governs Patents in India?

The Patents Act, 1970, and the Patents Rules, 2003, govern the entire framework of patent protection in India. The law is administered by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) under the Ministry of Commerce and Industry.

Understanding this statute is crucial for law students since it forms the foundation of IP litigation, patent drafting, and prosecution.

What Makes an Invention Patentable in India?

Before filing a patent, it’s vital to assess if the invention qualifies under the three pillars of patentability:

1. Novelty – The invention must be new and not disclosed anywhere in the world.
2. Inventive Step – It must show a technical advancement or an economic significance that is not obvious.
3. Industrial Applicability – The invention must be capable of being made or used in any kind of industry.

Certain inventions are explicitly excluded under Sections 3 and 4 of the Patents Act, including:

• Discoveries of scientific principles.
• Computer programs per se.
• Inventions contrary to public order or morality.
• Medical or surgical treatment methods.

For students, these exclusions are frequently tested in exams and interviews, especially for IP law internships.

How Is a Patent Application Filed in India?

Let’s go step by step through the process every IP lawyer or intern must know.

Step 1: Conducting a Patent Search

A patent search helps determine whether the invention already exists in public records. It can be done via:

• InPASS (Indian Patent Advanced Search System) – the official database of the Indian Patent Office.
• International databases like WIPO or Google Patents.

This step trains lawyers in legal research and comparative analysis—skills that extend beyond IPR.

Step 2: Drafting the Patent Specification

The patent specification is the backbone of a patent application. It includes:

• Title, abstract, and background of the invention.
• Detailed description with drawings.
• Claims that define the legal scope of protection.

For budding IP lawyers, drafting precise claims is one of the most valuable skills. Poor drafting can lead to rejections or weak protection.

Step 3: Filing the Application

Patent applications are filed online at ipindia.gov.in or physically at one of the four Indian Patent Offices (Delhi, Mumbai, Chennai, or Kolkata).

Types of applications:

• Provisional Application – when the invention isn’t complete but you want an early filing date.
• Complete Specification – must be filed within 12 months of the provisional one.

Lawyers often advise startups to file provisional patents first to secure priority while refining their invention.

Step 4: Publication of the Application

The application is automatically published 18 months from the filing or priority date. However, by filing Form 9, early publication can be requested.

Publication gives public access to the details of the invention but does not grant enforceable rights yet.

Step 5: Examination and First Examination Report (FER)

The applicant must file a Request for Examination (RFE) within 48 months. The patent examiner evaluates the application for novelty, inventive step, and industrial applicability.

An FER is then issued with objections, if any. The applicant (or lawyer) must respond to these objections in writing or through amendments.

For students, analysing FERs helps understand practical aspects of patent prosecution and client representation.

Step 6: Hearing and Grant

If objections remain unresolved, a hearing may be conducted. Once the Controller is satisfied, the patent is granted and published in the Patent Journal.

After grant:

• The patentee receives exclusive rights for 20 years.
• Annual renewal fees must be paid from the 3rd year onwards.
• Rights can be enforced under Sections 104–111 in case of infringement.
  

How Long Does the Patent Process Take in India?

Typically, a patent in India takes 2 to 4 years to be granted. However, expedited examination is available for:

• Startups and small entities.
• Female applicants.
• Applicants selecting India as the International Searching Authority (ISA).

This is an important point for lawyers dealing with startup clients or advising on innovation policy.

What Are the Common Grounds for Rejection?

Common reasons include:

• Lack of novelty or inventive step.
• Poorly drafted claims.
• Incomplete disclosure.
• Missed filing deadlines.
• Non-payment of prescribed fees.

Lawyers must monitor deadlines and ensure that every procedural formality is followed meticulously.

What Happens After the Patent Is Granted?

Once granted, the patent owner enjoys exclusive rights but must actively monitor and enforce them.

Lawyers play a critical role in:

• Sending cease-and-desist notices.
• Drafting licensing or assignment agreements.
• Filing infringement suits or oppositions.
• Managing renewal and maintenance compliance.

Understanding post-grant procedures is essential for building a full-fledged IP practice.

Why Should Law Students and Lawyers Learn Patent Law?

Patent law combines technical understanding and legal reasoning, making it a high-value career path. It opens doors to:

• IP law firms and corporate legal departments.
• In-house IP teams of technology companies.
• Litigation practices involving patent disputes.
• Research and academia in IPR.

Learning how patents are granted not only enhances your resume but also strengthens your analytical and drafting abilities.

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