Patent Registration Online
File a Permanent Patent Application Online with Expert Assistance
What Qualifies for a Patent?
To be eligible for patent protection, an invention must relate to a product or process that is:
- New (Novel): The invention should not have been previously known or used.
- Involving Inventive Steps (Non-Obvious): It should exhibit innovation beyond the ordinary.
- Capable of Industrial Application: The invention must be useful in an industry.
- Not Falling Under Non-Patentable Categories: It must not fall within the exceptions listed in Sections 3 and 4 of the Patents Act, 1970.
What Are the Requirements for Patentability?
For an invention to be considered patentable, it must meet the following criteria:
- Novelty: The invention must be new, with no prior knowledge or publication.
- Inventive Step: It should include a significant technical advance or improvement.
- Industrial Applicability: The invention must be usable in a practical or commercial manner.
- Exemption from Sections 3 and 4 of the Patents Act: It should not include subject matter that is non-patentable under the law.
Understanding an Ordinary Patent Application
An ordinary, or permanent, patent application is filed directly with the Patent Office, without claiming priority from a convention country or referencing any previous applications under process. This type of application serves as the original filing and is the first step in securing patent rights.
Take advantage of expert guidance to secure your patent through an easy, online process. Protect your invention and enjoy the benefits of exclusive rights.
Forms Required for Patent Registration Application in India
To register a patent in India, the following forms must be submitted to the Indian Patent Office:
- Form 1: Application for the grant of a patent. It includes information about the applicant, the invention, and its claims.
- Form 2: This form provides details regarding any priority application filed by the applicant.
- Form 3: Used to disclose information about the inventors associated with the patent.
- Form 5: Furnishes information about any government undertaking related to the patent’s assignment.
- Form 26: Supplies details of any exclusive marketing rights claimed by the applicant.
Documents Required for Filing a Patent Registration Application
How Our Team Works
Fill the Form & Make the Payment
Get a Call from the Team of Experts
Experts Will Collect Entire Information from You
Experts Will Create Your India Patent Search & Send You for Approval
1-Time Correction You Will Get in the Package
Final Document Will Be Sent by Experts
Process Of Getting Patented
Professional Fees
REGULAR
Ideal for basic patent filing with expert review and regular updates.
- Exclusive of Government Fees
- Filing of Complete Specification Patent Application
- Basic drafting of the complete specification for the patent
- Review of the patent document by a legal expert
- Filing with the Indian Patent Office (IP India)
- Basic management of the patent application until the first examination, with regular updates
- 1 iteration in drafting; additional charges for subsequent changes
- No hidden charges
STANDARD
Perfect for thorough patent search, claim drafting, and expert consultation.
- Exclusive of Government Fees
- Comprehensive patentability search (Indian and global databases of 130+ countries)
- In-depth analysis of the invention's technical details
- Strategic advice on patent filing and claim drafting
- Preparation and review of claims for complete patent filing
- Ongoing updates on the status of the application
- One round of consultation with a patent attorney for additional guidance
- 3 iterations in drafting; additional charges for subsequent changes
- No hidden charges
PREMIUM
Best for fast, detailed filing with unlimited iterations and expert guidance.
- Exclusive of Government Fees
- Advanced patentability analysis and strategy report
- Drafting and filing of Complete Specification Patent Application by a Senior Patent Attorney
- Filing requests for expedited publication and requests for examination to speed up the process (additional govt. Fees applicable)
- Professional preparation of 2 technical drawings and illustrations
- Multiple consultations with patent attorneys and technical experts
- Unlimited iterations in complete specification patent drafting
- Ongoing updates on the status of the application
- No hidden charges
Jurisdiction of Indian Patent Offices
Delhi Patent Office
Mumbai Patent Office
Kolkata Patent Office
Chennai Patent Office
Why Choose Covering Taxes
Frequently Asked Questions
A: A patent application may be submitted by the original inventor or the person to whom the invention rights have been assigned. This can be done individually or in collaboration with others. Additionally, our team of experts is also able to file a patent application on behalf of a deceased inventor.
A: To apply for a patent, you need to submit an application to the Indian Patent Office, either with a complete specification or an initial provisional specification, accompanied by the required fee listed in Schedule I. If you begin with a provisional specification, you must submit the complete specification within 12 months from the filing date of the provisional application, as no extensions are allowed beyond this deadline.
A: Yes, India has four patent offices situated in Kolkata, New Delhi, Mumbai, and Chennai, each covering different territorial jurisdictions. The suitable office for filing and all related processes is determined by the applicant’s residence, domicile, business location, or the invention’s origin. For foreign applicants, the relevant jurisdiction is based on the address for service in India provided by the applicant.
A: The various types of patent applications that can be submitted include:
A) PROVISIONAL APPLICATION: In the first-to-file system under Indian Patent Law, a provisional application is suitable when the invention is still in the development or experimentation phase. Filing it establishes an early priority date and gives the inventor 12 months to complete the invention, assess its market potential, and submit the complete specification.
B) ORDINARY APPLICATION: This type of application is filed without claiming priority from an earlier filed application in another country or an existing application in the office. It is considered a standard or ordinary application.
C) CONVENTION APPLICATION: If the applicant files a patent application in India claiming a priority date from a similar application submitted in one or more convention countries, it is known as a convention application. To retain the convention status, this application must be filed within 12 months from the first filing date in the convention country.
D) PCT INTERNATIONAL APPLICATION: A Patent Cooperation Treaty (PCT) international application filed in India allows the applicant to seek patent protection in over 150 countries through a single application.
E) PCT NATIONAL PHASE APPLICATION: When a PCT international application designates India, the national phase application must be filed within 31 months from the international filing date or the priority date, whichever comes first.
F) PATENT OF ADDITION: If an invention involves slight improvements or modifications to an earlier invention for which a patent has been applied for or granted, a patent of addition can be sought. No separate renewal fees are required, and it expires along with the original patent.
G) DIVISIONAL APPLICATION: When an application involves multiple inventions, it can be split into separate applications to cover each invention individually. This is called a divisional application and retains the original priority date of the main application.
A: Once a patent is granted, the patentee is required to keep the patent active by paying an annual renewal fee, as specified in Schedule I. The obligation to pay the renewal fee starts from the third year onwards, as the first two years are exempt from this fee. If the renewal fee is not paid on time, the patent will lapse and lose its legal protection.
A: To reinstate a lapsed patent, a restoration request must be submitted within 18 months from the date the patent ceased, along with the applicable fee. Once the request is received, it will be published in the official journal to initiate the process for further action.
A: A patent agent is an individual registered with the Indian Patent Office, whose name appears in the official patent agent register after passing the qualifying exam conducted by the patent office. A patent agent is authorized to:
(a) Represent and practice before the Controller.
(b) Handle all necessary paperwork, conduct business, and perform additional duties as specified in proceedings before the Controller under the Patents Act.
A: After filing a patent application electronically, the patent agent must submit the following original documents:
(a) Authorization of Patent Agent or Power of Attorney.
(b) Evidence demonstrating the right to file the application.
(c) Documents such as a deed of assignment, certificate of name change for the applicant, or a license agreement.
(d) Declaration of inventorship.
(e) Any priority document, if applicable.
A: Yes, the Government of India has introduced initiatives to enhance the innovative potential of individuals and organizations within the MSME and Startup sectors.
(i) For MSMEs, there is a 50% reduction in patent filing fees compared to larger entities.
(ii) The Startup Intellectual Property Protection (SIPP) scheme has been implemented to support and promote the innovation and creativity of startups.
