How to Get a Patent in India 2026: Complete Procedure Explained (Step-by-Step Procedure to get patent under the Patents Act, 1970)
Patents are one of the strongest legal protections available for inventors. A patent grants exclusive rights over an invention, preventing others from making, using, selling, or importing the invention without permission.
In India, patents are governed by the Patents Act, 1970 and the Patents Rules, 2003. The Act lays down the complete procedure for acquiring a patent, primarily under Sections 6 to 53.
This guide explains the complete procedure of patent acquisition in India, including the application process, examination, objections, and grant of patent.
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What is a Patent?
A patent is an exclusive legal right granted by the government to an inventor for a limited period (generally 20 years) for a new invention that involves an inventive step and industrial applicability.
Once a patent is granted, the inventor (patentee) can:
• Manufacture the invention
• Use the invention
• Sell or license the invention
• Prevent others from using it without authorization
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Procedure to Obtain a Patent in India
Under the Patents Act, 1970, the acquisition of a patent involves the following major steps:
1. Presentation of the Application
2. Publication of the Application
3. Examination of the Application
4. Opposition to Grant of Patent
5. Grant of Patent
* Each stage plays a critical role in determining whether the invention qualifies for patent protection.
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1. Presentation of the Patent Application
The first step in obtaining a patent is filing the patent application.
Who Can Apply for a Patent?
Under Section 6 of the Patents Act, 1970, the following persons can file a patent application:
(i) The true and first inventor
(ii) The assignee of the inventor
(iii) The legal representative of a deceased inventor
* The application may be filed individually or jointly.
Important Case Law
Thomson Bent v. Controller of Patents and Designs (AIR 1989 Delhi 249)-
The court held that patent applications may be filed jointly by multiple inventors.
One Application for One Invention
According to Section 7, a patent application must relate to only one invention and must be submitted in the prescribed form to the Patent Office.
Essential Details in the Application
The patent application must include:-
• Date of application
• Name of patent office
• Declaration of right to apply for patent
• Name and address of applicant
• Details of the invention
If the applicant is not the inventor, he must declare that the person named in the application is the true and first inventor.
Specification of the Invention
A specification is a technical document describing the invention in detail.
Its purpose is to ensure that after the patent expires, the invention becomes available to the public.
Under Section 9, the specification must include:
• Complete description of the invention
• Method of working the invention
• Claims defining the scope of the invention
• Drawings or diagrams if required
Case Law
• Ram Narayan Kher v. Ambassador Industries (AIR 1976 Delhi 87)
The court emphasized that specifications must clearly describe the invention.
• Press Metal Corporation v. NSP Wala (AIR 1983 Bombay 144)
The court held that the language of the specification must be clear and precise.
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2. Publication of Patent Application
After filing, the patent application is published.
Under Section 11A, the application is published after 18 months from:
• the date of filing, or
• the priority date (whichever is earlier)
* Once published, the invention becomes publicly accessible.
Early Publication
The applicant can request early publication by submitting Form 9.
This request must include:
• Application number
• Date of filing
• Name and address of applicant
• Summary of invention
* After publication, anyone can obtain a copy of the patent documents upon payment of a prescribed fee.
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3. Examination of Patent Application
Publication does not automatically grant a patent. The application must undergo examination.
Under Section 11B, a request for examination must be filed by:
• the applicant, or
• any interested person.
After receiving the request, the Controller of Patents forwards the application to an examiner.
Duties of the Examiner
Under Section 13, the examiner examines:
(i) Whether the invention has been previously published
(ii) Whether a similar patent application already exists
(iii) Whether the invention satisfies patentability criteria
Important Case Laws
• Vishwanath Prasad Radhey Shyam v. H.M. Industries (AIR 1982 SC 1444)
The Supreme Court held that granting a patent does not automatically prove its validity.
• Hindustan Lever Ltd. v. Godrej Soaps Ltd. (AIR 1996 Calcutta 367)
The court emphasized the importance of proper examination before granting patents.
Controller's Decision
Under Section 14, if objections are raised in the examiner’s report:
• The Controller informs the applicant
• The applicant is given an opportunity to respond or amend the application
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4. Opposition to Grant of Patent
Patent law allows third parties to challenge a patent application.
Under Section 25, two types of opposition exist.
Pre-Grant Opposition
Any person can file opposition before the patent is granted.
Grounds may include:-
• Lack of novelty
• Prior publication
• Obviousness
• False claim of inventorship
Post-Grant Opposition
After a patent is granted, any interested person may oppose it within one year of publication.
Case Law
Anoop Engineering Ltd. v. Controller of Patents (AIR 1982 Gujarat 250)
The court recognized the right of interested persons to challenge patents.
Opposition Procedure
When opposition is filed:
(i) An Opposition Board is constituted.
(ii) Both parties receive notice of the objection.
(iii) The opponent submits evidence and written statements.
(iv) The applicant may respond with counter-arguments.
(v) Both parties are heard.
(vi) The Controller decides the matter.
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5. Grant of Patent
If the application satisfies all requirements, the Controller grants the patent.
Under Section 43, a patent is granted when:
• The application is complete and valid
• No successful opposition exists
• The invention complies with the provisions of the Act
Once granted:
• The patent is sealed
• The grant is published in the Patent Journal
• Details are entered in the Register of Patents
Inspection by Public
All documents related to the patent become open for public inspection.
Case Law
• Ferid Allani v. Union of India (related jurisprudence on patentability)
Courts have emphasized that patents should be granted only when inventions genuinely meet legal standards.
• Ferbrane Febrecane Case (Calcutta High Court)
The court observed that granting patents to unsuitable persons could flood the market with low-quality products, harming public interest.
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Duration of Patent Protection
Under the Patents Act, 1970, the duration of a patent is:
20 years from the date of filing the application.
After expiry, the invention enters the public domain and can be freely used.
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Summary Table: Patent Acquisition Process in India
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Why Patent Protection is Important
Patent protection offers several benefits:
• Encourages innovation and research
• Protects commercial value of inventions
• Allows licensing and royalty income
• Prevents unauthorized use of technology
For businesses and inventors, patents can become valuable intellectual property assets.
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Conclusion
Obtaining a patent in India involves a structured legal procedure under the Patents Act, 1970. The process begins with filing the patent application and continues through publication, examination, opposition, and finally the grant of the patent.
Although the procedure appears complex, it ensures that only genuine inventions receive patent protection. This protects both the rights of inventors and the interests of the public.
Understanding these procedural steps is essential for inventors, researchers, startups, and law students studying intellectual property law.
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MCQs (Patent Procedure in India)
1. Under which Act are patents governed in India?
A. Copyright Act 1957
B. Patents Act 1970
C. Trade Marks Act 1999
D. IT Act 2000
Answer: B
2. Who can apply for a patent under Section 6 of the Patents Act?
A. Only inventor
B. Only government
C. Inventor, assignee or legal representative
D. Only company
Answer: C
3. Patent application is published after how many months?
A. 6 months
B. 12 months
C. 18 months
D. 24 months
Answer: C
4. Which section deals with examination of patent application?
A. Section 13
B. Section 7
C. Section 43
D. Section 25
Answer: A
5. Request for examination must be filed under which section?
A. Section 11B
B. Section 13
C. Section 25
D. Section 43
Answer: A
6. Opposition to patent before grant is called:
A. Pre-grant opposition
B. Post-grant opposition
C. Civil opposition
D. Patent appeal
Answer: A
7. Patent is granted under which section?
A. Section 25
B. Section 43
C. Section 11A
D. Section 6
Answer: B
8. Patent protection in India generally lasts for:
A. 10 years
B. 15 years
C. 20 years
D. 25 years
Answer: C
9. Who examines patent applications?
A. District court
B. Patent examiner
C. Police authority
D. Parliament
Answer: B
10. Which body hears opposition to patents?
A. Opposition Board
B. High Court
C. Civil Court
D. Lok Adalat
Answer: A
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FAQs (Patent Act 1970)
1. What is the procedure to obtain a patent in India?
- The procedure includes filing the application, publication, examination, opposition and grant of patent under the Patents Act, 1970.
2. Who can apply for a patent in India?
- A patent application can be filed by the true and first inventor, assignee of the inventor, or legal representative of a deceased inventor.
3. How long does it take to get a patent in India?
- Generally, the patent process takes 2 to 4 years, depending on examination and opposition proceedings.
4. What is patent publication?
- Patent publication means making the invention publicly available, usually 18 months after filing the application.
5. What is patent examination?
- Patent examination is the process where the patent examiner checks novelty, inventive step and industrial applicability of the invention.
6. What is pre-grant opposition?
- Pre-grant opposition allows any person to challenge a patent application before the patent is granted.
7. What is post-grant opposition?
- Post-grant opposition allows interested persons to challenge the patent within one year after grant.
8. What happens after patent grant?
- After grant, the patent is published in the Patent Journal and entered in the Register of Patents.
9. What is the validity period of a patent in India?
- A patent remains valid for 20 years from the filing date.
10. Why is patent protection important?
- Patent protection encourages innovation, protects inventions and allows inventors to commercially benefit from their work.
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