Frequently Asked Questions
on Patents

Q. What is patentable?

​

An invention relating to a product or process that is

• New,

• Involves an inventive step, and

• Is capable of industrial applicability.

 

Q. What is not patentable?

​

• Frivolous inventions, contrary to law, morality, or public order;

• Pure scientific discoveries or abstract theories;

• Mere mixtures of known substances, or the mere arrangement or re-arrangement or duplication of known devices;

• Methods of agriculture or horticulture;

• Inventions based on traditional knowledge;

• Methods of medical treatment or diagnostics;

• A mathematical method or business method or computer program per se or algorithms;

• Mere discovery of a new form of a know substance, new property, or new use of known substances (unless showing enhanced efficacy); and

• Inventions related to atomic energy.

​

For a complete list of inventions that are not patentable in India, please see link

​

Q. What types of patent applications can be filed in India?

​

The Indian Patent Office (“IPO”) accepts the following types of patent applications:

• Ordinary Application (which includes a provisional application and complete specification),

• Convention Application,

• PCT International Application,

• Divisional Application, and

• Patent of Addition.

 

Q. What are the patent treaties that India has ratified?

​

• Patent Cooperation Treaty (PCT): India has a 31 month due date for PCT National Phase filings; and

• Paris Convention: A priority claim is possible within 12 months from the earliest filed home country application.

 

Q. What is the process of obtaining a patent?

​

See below for the major steps:

​​

​

​

​

​

​

​

​

​

​

​

​

​

​

​

​

​

​

​​​​

​​

Q. What are the documents required to complete a patent application?

​

• Proof of right to file an application from the inventor(s);

• Patent specifications with claims and necessary drawings;

• Information related to foreign patent applications with respect to the same/similar invention;

• A declaration from the inventor(s) stating they are the true and only inventor(s) of the invention;

• Original signed Power of Authority from the applicant in the name of agent(s);

• A priority document if relevant; and

• Certified translated documents where any of the above documents are not in English.

 

Q. Are there any fee concessions available for certain types of applicants? 

​

There is a reduced official fee for the following types of applicant(s): natural persons, start-ups, small entities, and educational institutions.

​

Q. How long does it take for a patent grant?

​

3 to 5 years.

 

Q. What is the term of a patent?

​

A patentee enjoys the exclusive right for 20 years from the date of filing or priority, whichever is earlier.