Patent FAQs
Securing Innovation with Confidence
What can be patented in India?
An invention that is new (novel), involves an inventive step (non-obvious), and has industrial application.
Can I patent an idea?
No. You can only patent a tangible invention or process, not an abstract idea.
What is a Provisional Patent Application?
A preliminary filing to secure a priority date. You have 12 months to file the complete specification.
Is software patentable in India?
Software *per se* is not patentable. However, software combined with hardware or having a "further technical effect" can be patented.
What is "Prior Art"?
Any public knowledge, documents, or products that existed before your invention. If prior art exists, your patent may be rejected.
How long does a Patent last?
20 years from the date of filing. It cannot be renewed after that.
What is a PCT Application?
The Patent Cooperation Treaty allows you to file one application to seek protection in up to 150+ countries.
What is the cost of filing a patent in India?
Government filing fee is ₹1,600 for individuals/startups and ₹8,000 for large entities. Attorney fees are extra.
What is a "Freedom to Operate" (FTO) Search?
A search to ensure your product doesn't infringe on existing active patents before you launch.
Can I disclose my invention before filing?
**No!** Public disclosure destroys novelty. Always file (at least a provisional) before publishing or selling.
What is a Patent Agent vs. Patent Attorney?
Agents are qualified to file patents. Attorneys are lawyers who can also litigate in court. LLM Advocates has both.
What is Request for Examination (RFE)?
Filing a patent application isn't enough. You must formally request the patent office to examine it (Form 18) within 48 months.
How can I speed up my Patent grant?
Startups, women applicants, and those choosing India as an ISA can file for "Expedited Examination."
What is Patent Prosecution?
The back-and-forth legal argumentation between the Patent Office and the applicant to get the patent granted.
Can I patent a business method?
No. Business methods are explicitly excluded from patentability in India under Section 3(k).
What is the difference between Utility Patent and Design Patent?
Utility patents protect how something *works*. Design registration protects how something *looks*.
What happens if my patent is rejected?
You can appeal to the High Court (previously IPAB) or file a review petition.
Do I have to pay annual fees for a patent?
Yes. Maintenance (annuity) fees must be paid annually from the 3rd year onwards to keep the patent alive.
What is Compulsory Licensing?
The government can allow others to produce a patented product (usually drugs) without the owner's consent in public interest cases.
Can I file a patent in India if I am a foreign citizen?
Yes, providing you have an address for service in India (which LLM Advocates provides).
What is Section 3(d) in Indian Patent Act?
A strict provision that prevents "evergreening" of patents by modifying known substances without enhanced efficacy.
How detailed must patent drawings be?
They must be clear enough for a skilled person to understand the invention. They are crucial for mechanical patents.
What is a "Non-Disclosure Agreement" (NDA)?
A contract to keep your invention secret when talking to investors or developers before filing a patent.
Can I add new information to a Complete Specification?
Only if it's an elaboration of what was in the Provisional. Completely new matter requires a new application (Patent of Addition).
What is the "Inventive Step" criteria?
The invention must not be obvious to someone skilled in that specific field.