Law Relating to Patents in India: Meaning, Rules, Rights and Procedures

Law Relating to Patents in India: When we talk about inventions, new ideas, or unique creations, the first thing that comes to mind is protection. Nobody wants their hard work or creativity to be copied or misused. This is where patents come in. Patents are one of the most important forms of Intellectual Property Rights (IPR). In India, the patent system is managed under the Patents Act, 1970, along with amendments made in 1999, 2002, and 2005.

Here, we will understand everything about patent laws in India, how the patent system works, who can get a patent, what happens after you file, patent duration and process, and your rights and responsibilities after getting a patent.

What Is a Patent?

A patent is a legal right given by the government to an inventor. This right helps the inventor stop others from making, selling, using, or importing their invention without permission.

Think of it like a property right over your invention, just like you have ownership rights for your house or car.
But here, the property is your idea or invention — which falls under IP (Intellectual Property).

A patent basically says:

“This invention belongs to you. No one else can use it without your permission.”

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Why Are Patents Important in India?

India is a fast-growing country in science, engineering, medicine, IT, and startups. Research and innovation are increasing every year. When people invent something new, they should feel secure that their idea will not be stolen.

Patents help in:

• Encouraging innovation

• Helping inventors earn money from their ideas

• Pushing industries to create new technologies

• Protecting India’s growth in science and technology

• Attracting investments for startups

Without proper Intellectual Property Rights, people would hesitate to invest time and money in creating something new.

Eligibility for Getting a Patent

You cannot get a patent for everything. Indian patent law is very clear about what can be patented and what cannot.

What Can Be Patented?

To be patentable, an invention must pass three main tests:

1. Novelty (New Idea)

The invention must be completely new. It should not be already known, published, or used anywhere in the world.

2. Inventive Step (Non-Obvious)

It should not be obvious to a person with ordinary skills in that field. There must be some creativity or innovation involved.

3. Industrial Usefulness

The invention must be useful and capable of working in an industry or practical scenario. If your invention passes these three tests, you can probably get a patent in India.

What Cannot Be Patented in India?

The Patents Act mentions certain things that cannot get a patent. These include:

• Discoveries of natural things

• Scientific theories or mathematical methods

• Computer programs by themselves (software alone cannot be patented)

• Plants and animals other than microorganisms

• Traditional knowledge

• Methods of agriculture or medical treatment

• Business methods

• Inventions harmful to the public or the environment

This list ensures that patents are granted only for inventions that truly deserve protection.

Patent Duration and Process in India

This is one of the most important parts of patent law in India. Let’s break it down in a simple way.

Patent Duration in India

In India, the duration of a patent is 20 years from the date of filing. It does not matter whether you file a provisional application or a complete one — the 20-year clock starts from the first filing date.

During these 20 years:

• You get exclusive rights

• You can stop others from copying your invention

• You can license your invention

• You can sell your patent

• You can earn revenue from collaborations

After 20 years:

The invention goes into the public domain.  Anyone can use it without paying you.

This system ensures that the public benefits from innovation while giving inventors enough time to make money from their ideas.

Patent Process in India (Step-by-Step)

Many people think patent filing is complicated. But if you understand the steps, it becomes easier. Here is the patent process explained:.

Step 1: Document Your Idea

Write down how your invention works, why it is unique, and how it helps. Prepare drawings or sketches if required.

Step 2: Conduct a Patent Search

Before filing, it’s wise to check whether similar patents exist or not. This avoids rejection later and gives clarity about your invention’s uniqueness.

Step 3: File a Provisional Application (Optional)

A provisional application helps you:

• Get an early filing date

• Secure your priority

• Buy time (12 months) to complete your invention

After this, your invention gets labelled “Patent Pending.”

Step 4: File the Complete Specification

Within 12 months of filing the provisional application, you must file the complete details. This document explains the invention fully and clearly.

Step 5: Publication

After filing, the patent application is published in an official journal after 18 months.

If you want faster publication, you can request early publication.

Step 6: Examination

This is the most important step. After publication, you must request the patent office to examine your application. The examiner checks:

• Novelty

• Inventive step

• Industrial use

• Proper documentation

• If your invention falls under patentable subject matter

Step 7: Objections (if any)

If the examiner has doubts or objections, you must respond with explanations. Most patent applications face queries — it’s normal.

Step 8: Grant of Patent

Once all requirements are fulfilled and objections are cleared, the patent is granted. Your invention is now officially protected under Indian patent law.

Rights of a Patent Holder in India

Once a patent is granted, the inventor gets several legal rights. These help protect the invention from unauthorized use.

Exclusive Right to Produce

Only you can make or manufacture the invention.

Exclusive Right to Sell

You decide who can sell or distribute it.

Right to License

You can give permission to others to use your invention and earn royalty.

Right to Sue

If someone uses your invention without permission, you can take legal action.

These rights are available only during the 20-year patent duration.

Duties of a Patent Holder

Rights come with responsibilities too.

Pay Renewal Fees

Patents must be renewed every year after the 2nd year.

Work the Patent in India

The invention should be used or manufactured in India. Otherwise, someone may request a compulsory license.

Disclose Any Modifications

If the inventor makes improvements, they must file a patent of addition.

Compulsory Licensing Under Indian Patent Law

India has a unique provision called compulsory licensing, which allows others to use the patent in certain situations.

This happens when:

• The patented product is too costly

• The inventor is not mass-producing it

• The invention is not available to the public at a reasonable price

• It is required for public health or emergency

For example, medicines for serious diseases sometimes fall under compulsory licensing.

This ensures that patent rights do not harm public welfare.

Patent Infringement in India

Patent infringement means someone is using your patented invention without permission.

Infringement includes:

• Making

• Using

• Selling

• Importing

• Offering for sale

If any of this happens without your permission, you can sue the person/company.

Remedies for Infringement

Indian law offers:

• Compensation or damages

• Injunction (stopping further use)

• Seizure or destruction of illegal products

Patent law is strict, and punishment can be heavy depending on the level of violation.

Types of Patents in India

There are mainly three types of patents:

1. Utility Patents

For new and useful inventions.
Most commonly filed.

2. Design Patents

For new designs, shapes, or patterns applied to articles.

3. Plant Patents

Not available for plants except genetically modified microorganisms.

Filing a Patent in India: Who Can Apply?

According to Indian law, the following can apply:

• Individuals

• Companies

• Universities

• Organizations

• Startups

• Government bodies

• Foreign residents (through an agent)

Even if a person invents something while working for a company, the patent usually belongs to the company — unless stated otherwise in the contract.

Cost of Filing a Patent in India

Patent filing is not very cheap. Costs depend on:

• Whether you hire a patent agent

• The complexity of the invention

• Number of claims

• Type of applicant (individual/startup/company)

On average:

• For individuals and startups: ₹4,000–₹25,000 (official fee)

• For companies: Higher fees

• Patent agents may charge separately

Patent vs Copyright vs Trademark

Many people confuse these terms. Here’s the simplest explanation:

So, patents are only for inventions or technological innovations.

Amendments in Indian Patent Law

Indian patent law is updated from time to time. The key amendments were in:

• 1999: Introduced EMRs (Exclusive Marketing Rights)

• 2002: Harmonized the law with international standards

• 2005: Allowed product patents in pharmaceuticals and chemicals

These changes helped India align with global IP laws under WTO and TRIPS agreement.

Challenges in the Indian Patent System

Even though India has a strong patent law, there are some challenges:

• Long waiting time for examination

• Lack of awareness about patents among small inventors

• High cost of patent filing for individuals

• Limited R&D in certain industries

• Complexity in legal procedures

Despite these, the system has improved a lot in the last decade, especially with quicker digital filing and increased examiners.

Patents and Startups in India

Startups and entrepreneurs benefit greatly from patents. A strong patent can:

• Attract investors

• Increase valuation

• Protect business ideas

• Improve market position

• Build trust with customers

The Indian government also gives several benefits:

• 80% fee reduction for startups

• Fast-track examination

• Support through incubators and innovation centers

This is why patents are becoming essential for modern Indian businesses.

Simple Example: How a Patent Works in Real Life

Suppose you invent a new type of solar-powered mobile charger.

Here’s what happens:

1. You file a provisional patent → “Patent Pending” status

2. You finish the design and file complete specification

3. After publication and examination, the patent is granted

4. You start manufacturing or license your product

5. You earn revenue from the invention

6. If someone copies your design, you can take legal action

7. After 20 years, your patent expires and becomes public property

This example shows why patent rights are so powerful.

How India Supports Innovation Through Patents

The Indian Patent Office works under the Controller General of Patents, Designs & Trade Marks (CGPDTM).  With digital filing, e-examination, and online hearings, the process is becoming much faster and simpler.

India is focusing on:

• Supporting small inventors

• Encouraging student innovation

• Promoting local technology

• Improving global IP ranking

• Strengthening enforcement laws