A patent is an exclusive right granted by the government that allows you to prevent others from making, using, or selling your invention for 20 years in exchange for publicly disclosing how it works.

Patents protect inventions and processes, trademarks protect brand names and logos, and copyrights protect creative works like books and music. Each covers different types of intellectual property.

No, you cannot patent mere ideas. You need a concrete invention that is new, non-obvious, and industrially applicable with a detailed description of how it works.

"Patent pending" means a patent application has been filed but not yet granted. It provides some legal protection and warns competitors that patent rights may be obtained.

Patent protection lasts for 20 years from the filing date. After expiry, the invention becomes public domain and anyone can use it freely.

A patent gives you the exclusive right to exclude others from making, using, selling, or importing your invention in India. It doesn't guarantee the right to manufacture.

Yes, patents can be sold, licensed, or assigned to others. You can grant exclusive or non-exclusive licenses and earn royalties from your invention.

A provisional application is a temporary filing that establishes priority with a broad description, while a complete application includes detailed claims and specifications and is examined for patentability.

Patent claims define the exact scope of your invention and what is protected. They are the most important part of the patent as they determine what others cannot do without your permission.

Yes, multiple inventors or assignees can jointly own a patent. Each co-owner has equal rights unless specified otherwise in an agreement.

For individuals and startups: ₹1600 government fees plus ₹37000 in professional fees. For large entities: ₹8000 government fees plus ₹37000 professional fees. Get detailed breakdown at patent registration cost guide.

Government fees (₹1600) go to the Indian Patent Office for processing. Attorney fees (₹37000) are professional charges for drafting, filing, and managing your application.

Yes, individuals, startups, small entities and educational institutions get 80% discount on government fees. Electronic filing provides an additional 10% discount over physical filing.

Total costs range from ₹78,600 for individuals/startups to ₹1,01,000 for large entities, including all government fees and professional services from filing to grant.

Year	Individual/Startup	Large Entity
1-2	Free	Free
3-6	₹800	₹4000
7-10	₹2400	₹12000
11-15	₹4800	₹24000
16-20	₹8000	₹40000

Learn more at patent renewal guide.

Yes, Indian residents can file themselves, but it's not recommended for complex inventions. Foreign applicants must use a registered patent agent or provide an Indian address.

Additional pages cost ₹160-₹800 each, extra claims cost ₹320-₹1,600 each, patent search costs ₹5,000-₹20,000, and responding to examination reports costs ₹15,000.

India has among the world's lowest patent costs - 67% cheaper than USA and 83% cheaper than Europe, making it very affordable for inventors.

Startup India provides free patent facilitation services, DSIR offers R&D grants up to ₹10 crore, and MeitY SIPEIT supports up to ₹15 lakh for international patent filing.

Yes, watch for costs like pre-grant hearing fees (₹7,500), working statement filing (₹1,600-₹8,000 annually), translation costs for foreign priorities, and potential opposition proceedings.

Professional patent searches cost ₹10,000 to ₹20,000 depending on complexity. Basic searches can be done free using the Indian patent database.

Responding to the First Examination Report typically costs ₹20,000-₹60,000 in attorney fees, depending on complexity of objections and number of rounds required.

No, costs are spread over 2-4 years. You pay filing fees initially, examination fees within 48 months, and additional costs only if objections arise.

PCT national phase entry costs ₹1600-₹8000 government fees plus ₹25000-₹40000 professional fees depending on entity size and complexity. Get details at PCT national phase cost guide.

Online filing offers 10% discount on government fees. Electronic filing is mandatory for most applicants and reduces processing time. Learn more about online patent filing process.

File Form 1 (application) and Form 2 (specification) at the appropriate patent office with fees. File online at ipindiaonline.gov.in for a 10% fee discount. Complete step-by-step guide at how to apply for patent in India.

Form 1 (application), Form 2 (specification), Form 3 (foreign applications statement), Form 5 (inventorship), Form 26 (power of attorney if using agent), and Form 28 (small entity declaration if applicable). Details at complete guide to patent filing forms.

The first step is conducting a patent search to check novelty, followed by preparing the patent application and specification. Get detailed guidance at first step of patent filing in India.

A patent application must include technical field, background, detailed description, working examples, claims, and abstract. Professional drafting is recommended for complex inventions. Learn more about patent application writing.

File at the patent office e-filing portal https://ipronline.ipindia.gov.in/epatentfiling/goForLogin/doLogin.

Yes, online filing is preferred and mandatory for most applicants. Use the e-filing portal with Class II/III digital signature or Aadhaar-based e-sign.

1) Patent search 2) Prepare application and specification 3) File online with fees 4) Receive filing receipt 5) Application published 6) Request examination 7) Respond to objections 8) Patent granted or refused.

File provisional if your invention needs more development time (you get 12 months). File complete if your invention is fully developed and you want faster examination.

You receive a filing receipt, application gets a serial number, it undergoes formality check, gets published after 18 months, and remains in queue until you request examination.

Each country requires separate filing. Start with Indian filing, then file internationally within 12 months (Paris Convention) or 30 months (PCT route).

You can make limited amendments to correct errors or clarify claims, but cannot add new matter. Substantial changes require fresh filing or divisional application.

Patent applications are automatically published 18 months from filing/priority date in the Patent Office Journal, making the invention details publicly available. Learn more at when your patent goes public.

Yes, file Form 9 with fees to get your application published within 1 month. Early publication helps establish priority date and enables faster examination start.

A divisional application is filed when your original application covers multiple inventions and the examiner objects to lack of unity. You can split it into separate applications maintaining the original priority date.

Provisional: Forms 1, 2. Complete: Forms 1, 2, 3, 5. PCT national phase: Forms 1, 2, 3, 31. Power of attorney: Form 26. Small entity status: Form 28. Get complete list at patent filing forms guide.

New products, processes, machines, compositions, or improvements that are novel, involve inventive steps, and have industrial application. Must not fall under Sections 3 and 4 exclusions.

Mathematical methods, business methods, computer programs per se, medical treatments, naturally occurring substances, traditional knowledge, plants/animals, and inventions against public order or morality.

Computer programs "per se" cannot be patented, but software with technical effects, hardware interaction, or solving technical problems may be patentable if they demonstrate technical advancement.

Apps with novel technical features, unique algorithms solving technical problems, or innovative user interfaces with technical effects may be patentable, but mere business methods are not.

Pure business methods are not patentable, but if your business method involves technical implementation, computer systems, or solves technical problems, it may qualify for patent protection.

Methods of medical treatment for humans and animals cannot be patented, but medical devices, pharmaceutical compositions, diagnostic methods, and surgical instruments are patentable.

An invention is novel if it hasn't been published anywhere in the world before your filing date. Even your own publications can destroy novelty unless filed within a 12-month grace period.

Your invention should not be obvious to a person skilled in the relevant technical field. It must involve technical advancement or economic significance over existing knowledge.

No, worldwide prior art is considered. If something is published or publicly used anywhere in the world before your filing date, it destroys novelty.

The invention must be capable of being made or used in an industry. It should have practical utility and cannot be merely theoretical or abstract.

Not mandatory for Indian residents, but highly recommended for complex inventions. Foreign applicants must use registered patent agents or provide Indian addresses for service.

Patent agents have technical degrees and passed the patent agent exam. Patent attorneys are patent agents who also have law degrees, providing both technical and legal expertise.

Search the Electronic Register of Patent Agents at iprsearch.ipindia.gov.in/AgentRegister/ or contact Patent Agents Association - India (PAAI) for member directory.

Fees range from ₹25,000-₹1,50,000 for complete patent services. Top firms charge ₹1,00,000-₹1,50,000, mid-tier firms ₹50,000-₹1,00,000, and budget providers ₹30,000-₹50,000.

Check registration status, technical background matching your invention, experience in your field, track record of successful applications, communication skills, and transparent fee structure.

Yes, you can revoke power of attorney and appoint a new agent by filing Form 26. The new agent will handle all future communications with the patent office.

No ethical attorney can guarantee a patent grant as it depends on examination by the patent office. They can only increase chances through proper drafting and prosecution strategy.

Hire before filing for complex inventions, when responding to examination reports, for opposition proceedings, or if you lack technical writing skills for patent specifications.

Patent search, application drafting, filing, prosecution, responding to objections, attending hearings, opposition proceedings, licensing agreements, and infringement analysis.

Check the official register at iprsearch.ipindia.gov.in/AgentRegister/ using the attorney's registration number. Only registered agents can represent you before the Indian Patent Office.

Patents are not automatically examined. You must file Form 18 (request for examination) within 48 months of filing with prescribed fees, or your application will be deemed withdrawn.

Standard examination takes 2-3 years from request. Expedited examination (for eligible entities) takes 8 months to 2 years. The current average is improving to under 18 months.

Fast-track examination for startups, small entities, natural persons, educational institutions, and applications where India is ISA/IPEA. Costs double but significantly reduces timeline.

FER lists objections raised by the patent examiner after reviewing your application. You have 6 months to respond (extendable) by addressing each objection with amendments or arguments. Get detailed guidance at First Examination Report guide.

Lack of novelty, absence of inventive step, insufficient disclosure, unclear claims, prior art citations, unity of invention issues, and non-compliance with formal requirements.

File detailed written response addressing each objection with evidence, legal arguments, claim amendments, or additional technical explanations within the prescribed 6-month timeline.

Your application will be deemed abandoned if you don't respond within the prescribed time limit (6 months + possible extensions). The application cannot be revived once abandoned.

Yes, if your written response doesn't satisfy the examiner, you'll get a hearing notice. You can present your case orally and provide additional written submissions. Learn about patent hearing procedure.

Most applications receive 1-2 examination reports. Complex applications or those with strong prior art may require 3-4 rounds of response before grant or final refusal.

After satisfactory response to all objections, patent is granted and published in Patent Office Journal. You receive grant certificate and patent comes into force.

From filing to grant typically takes 3-4 years for regular applications and 1-1.5 years for expedited examination, depending on complexity and opposition.

You must file complete specification within 12 months of provisional filing. This deadline cannot be extended and provisional application will lapse if missed.

Request for examination must be filed within 48 months from filing date or priority date, whichever is earlier. Missing this deadline results in deemed withdrawal.

You have 6 months to respond to the First Examination Report, extendable by 3 months.

Complete specification filing (12 months after provisional), request for examination (48 months from priority), FER response (6 months), and annual renewal payments (with 6-month grace period).

Patent rights start from filing date, but infringement action can only be taken after patent grant and publication in the Patent Office Journal.

Yes, through expedited examination for eligible entities, early publication requests, or by ensuring complete and technically sound applications that avoid multiple examination rounds.

All patent applications are automatically published 18 months from filing or priority date, whichever is earlier. This makes your invention public and searchable.

Patent term is 20 years from filing date for all types of patents. No extensions are possible except in specific pharmaceutical cases for regulatory delays.

Missing deadlines can result in application abandonment, loss of rights, or additional fees. Some deadlines have grace periods but critical ones like examination request cannot be extended.

Yes, but subject to Section 3(d) which prevents evergreening. New pharmaceutical compositions or improved formulations showing enhanced efficacy over known compounds are patentable.

Mechanical inventions are generally patentable if they meet novelty and inventive step requirements. They often have clear technical specifications making patent drafting straightforward.

Biotechnology inventions are patentable except for naturally occurring substances. Requires disclosure of biological material source and deposit at the International Depository Authority before filing.

Yes, new chemical compositions, improved synthesis processes, and novel applications of known chemicals are patentable with proper characterization data and working examples.

AI/ML inventions may be patentable if they solve specific technical problems, involve hardware implementation, or demonstrate technical advancement beyond mere algorithms or mathematical methods.

File in India first, then use Paris Convention route (12 months deadline) or PCT route (30 months deadline). Foreign Filing License required for Indian residents.

Patent Cooperation Treaty allows single international application for multiple countries with 30-month deadline. Useful for broad international protection with delayed costs.

Yes, Indian residents must obtain FFL before filing abroad or within 6 weeks of Indian filing. Not required if filing abroad after 6 weeks of Indian priority filing.

Choose based on market potential, manufacturing locations, competitor presence, and budget. Popular choices: USA, Europe, China, Japan, and other countries relevant to your business.

Costs vary by country but typically range from $50,000-$2,00,000 for major markets. PCT filing from India costs around $4,000-$8,000 plus eventual national phase costs.

Opposition is a challenge to patent validity. Pre-grant opposition can be filed by anyone, post-grant opposition only by "persons interested" within 12 months of grant.

Lack of novelty, absence of inventive step, insufficient disclosure, prior publication/use, non-patentable subject matter, and wrongful claiming from opposing party.

Pre-grant opposition costs ₹2,400-₹12,000 in fees plus attorney costs ₹50,000-₹2,00,000. Post-grant opposition has similar fee structure with Opposition Board proceedings.

Cases filed in High Courts or Commercial District Courts seeking injunction, damages, or account of profits. Delhi High Court has specialized IP Division for patent cases.

Patent litigation typically takes 1-3 years in Commercial Courts (faster) or 2-5 years in High Courts, depending on complexity and court workload.

Yes, patents require annual renewal fees starting from the 3rd year after grant until 20th year. Grace period of 6 months available with additional fees.

Patent lapses and enters public domain. You can restore within 18 months of cessation by paying prescribed restoration fees and providing reasons for delay.

Yes, file working statement (Form 27) once every 3 years stating whether patent is being commercially worked and reasons if not worked. Learn more at Form 27 patent guide.

No, patent term is fixed at 20 years from filing date. Only pharmaceutical patents may get limited extension for regulatory approval delays in specific cases.

Government can grant compulsory license after 3 years of grant if patent is not worked adequately in India, but this is rarely used and subject to TRIPS compliance.