What is Patent Registration?
A patent is an exclusive right granted by the government to an inventor for their novel invention. Under the Patents Act 1970 (amended in 2005), a patent gives the holder the right to prevent others from making, using, selling, or importing the patented invention in India for 20 years from the filing date.
India has four Patent Offices — in Delhi, Mumbai, Chennai, and Kolkata — administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). India is also a signatory to the Patent Cooperation Treaty (PCT), enabling you to extend protection to 150+ countries.
PrimeWealth Advisory assists with both provisional patent applications (for early protection while your invention is being developed) and complete patent applications, along with patent search, claims drafting, and prosecution.
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Key Benefits
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Exclusive Rights: 20 years of exclusive commercial rights over your invention
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Legal Protection: Right to sue infringers and claim damages in Indian courts
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Revenue Generation: License your patent to others and earn royalties
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Startup Rebate: 80% rebate on government patent fees for DPIIT-recognized startups
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MSME Rebate: 80% rebate on government fees for MSMEs and educational institutions
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Publication Priority: Your invention is officially documented and dated — protects priority date
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PCT Filing: Use your Indian patent as the basis for international patent protection in 150+ countries
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Business Asset: Patents can be sold, licensed, and used as collateral for loans
Eligibility Criteria
- The invention must be novel — not previously published or publicly disclosed anywhere in the world
- The invention must involve an inventive step (non-obvious to a person skilled in the field)
- The invention must be capable of industrial application
- Living organisms, mathematical methods, business methods, computer programs per se, and discoveries are not patentable
Documents Required
Patent Application Form (Form 1)
Specification document (provisional or complete) with claims and abstract
Drawings / diagrams (if applicable)
Priority document (if claiming priority from an earlier application)
PAN & Aadhaar of inventor/applicant
Statement and undertaking (Form 3) regarding foreign filing
Declaration of inventorship (Form 5)
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Step-by-Step Process
01
Patent Search
Prior art search to verify novelty and avoid conflicting existing patents.
02
Draft Provisional Application
File a provisional specification to secure priority date while the full invention is being developed.
03
Complete Specification
Draft complete specification with claims, abstract, and drawings within 12 months of provisional filing.
04
File Complete Application
Form 1 (application) + Form 2 (specification) filed at the Patent Office.
05
Publication
Application published in the official Patent Journal after 18 months from filing date.
06
Request for Examination
File Form 18 (RFE) within 48 months to trigger examination by the Patent Office.
07
Examination & Grant
Patent examiner issues First Examination Report (FER). We respond to objections. Patent granted upon satisfaction.
Frequently Asked Questions
What is a provisional patent application?
A provisional application secures your priority date while giving you 12 months to file the complete application. It's cheaper and faster — ideal when your invention is still being developed.
How long does an Indian patent take?
Filing takes 1–2 days. Examination and grant typically take 2–4 years depending on the backlog and examination requests.
Can I apply for international patent from India?
Yes — via PCT (Patent Cooperation Treaty) application, you can seek patent protection in 150+ countries using your Indian filing as the priority application.
What happens if someone copies my patented invention?
You have the right to file an infringement suit in the High Court or District Court and seek an injunction, damages, and accounts of profits.
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