Patent Applications In India
Patent Applications in India: A Comprehensive Guide for Startups, MSMEs, and Global Innovators
India is a preferred jurisdiction for patent filing due to its robust legal framework, cost efficiency, and growing innovation ecosystem. For startups, MSMEs, and international businesses seeking patent protection in India, understanding the various types of patent applications under Indian patent law is critical to building a strong intellectual property strategy.
This guide provides a structured overview of patent application types in India, filing timelines, and strategic considerations under the Indian Patents Act, 1970.
Overview of Patent Filing in India
Patent applications in India may be filed through multiple routes, depending on the applicant’s priority claims, jurisdiction of first filing, and stage of invention. The primary categories include:
- Ordinary Patent Application
- Provisional and Complete Patent Application
- Convention Patent Application
- PCT National Phase Patent Application
Each route serves distinct commercial and legal objectives, particularly relevant for early-stage startups, growing MSMEs, and foreign applicants entering the Indian market.
Ordinary Patent Application in India
An Ordinary Patent Application is filed directly with the Indian Patent Office without claiming priority from any earlier patent application filed in India or abroad. This is typically the first patent filing for an invention.
An ordinary application may be filed as:
- Provisional Patent Application, or
- Complete Patent Application
If filed provisionally, the applicant must submit the complete specification within 12 months from the provisional filing date, failing which the application is deemed abandoned.
Provisional and Complete Patent Applications
For startups and MSMEs working with evolving technologies, a Provisional Patent Application offers an effective way to secure an early priority date while allowing time to refine the invention.
Key benefits of filing a provisional patent application:
- Establishes priority rights
- Provides temporary protection during R&D
- Enables disclosure to investors while safeguarding IP
As per Section 9 of the Indian Patents Act, the provisional application must be followed by a Complete Specification within 12 months. Non-compliance results in abandonment.
Convention Patent Application in India
A Convention Patent Application, governed by Section 135 of the Indian Patents Act, allows applicants to claim priority from an earlier application filed in a convention country.
Key requirements:
- The Indian application must relate to the same or substantially similar invention
- Filing must be completed within 12 months from the earliest priority date
This route is commonly used by foreign companies and global startups expanding their patent portfolios into India.
PCT National Phase Patent Application in India
The Patent Cooperation Treaty (PCT) system enables applicants to seek patent protection across multiple jurisdictions through a single international filing.
Important points for India:
- PCT does not grant a patent
- Patent grant is decided solely by the Indian Patent Office
- National Phase Entry in India must be filed within 31 months from the earliest priority date
This route is particularly advantageous for international applicants and export-oriented MSMEs planning phased global patent protection.
Patent of Addition and Divisional Patent Applications in India
Patent of Addition
Under Section 54 of the Indian Patents Act, a Patent of Addition is filed when an invention represents an improvement or modification of an already filed or granted patent.
Key features:
- Filing date is the same as or later than the main application
- Granted only after the main patent
- No separate renewal fee during the term of the main patent
- Expires along with the main patent
If the main patent is revoked, the Patent of Addition may be converted into an independent patent upon request.
Divisional Patent Application
A Divisional Patent Application, governed by Section 16 of the Indian Patents Act, is filed when a single patent application contains claims relating to more than one invention.
When a divisional application is filed:
- Voluntarily by the applicant, or
- In response to an objection raised by the Controller
Key aspects:
- Retains the same filing or priority date as the parent application
- Request for examination must be filed within statutory timelines
- Patent term is calculated from the parent application’s filing date
This mechanism is particularly relevant for technology-driven startups and complex inventions spanning multiple inventive concepts.
Strategic Considerations for Startups, MSMEs, and International Applicants
Selecting the appropriate patent filing route in India depends on:
- Stage of innovation
- Jurisdiction of first filing
- Commercial objectives
- Expansion and licensing plans
A well-structured patent filing strategy can significantly enhance valuation, investor confidence, and enforceability in the Indian market.
For more information on Patent Applications in India please write to us at: info@ssrana.
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