Patents Act, 1970 — Application & Registration
Patent Filing in India
A rigorous patent application transforms an engineering or software breakthrough into an enforceable commercial monopoly. LLM Advocates provides end-to-end guidance through prior art clearance, specification drafting, and patent prosecution before the Indian Patent Offices in Delhi, Mumbai, Kolkata, and Chennai.
Core Patentability Requirements Under Indian Law
Under Section 2(1)(j) of the Patents Act, 1970, an invention must satisfy three cumulative criteria to be granted patent protection in India:
Novelty (New Invention)
The subject matter must not have been published anywhere in the world in any form, or publicly used in India, prior to the filing or priority date of the application.
Inventive Step (Non-Obviousness)
Under Section 2(1)(ja), the invention must involve technical advance or economic significance (or both) that is not obvious to a person skilled in the relevant art.
Industrial Applicability
Under Section 2(1)(ac), the invention must be capable of being made or used in an industry, demonstrating tangible, real-world utility.
Provisional vs Complete Patent Specifications
Filing strategy determines how secure your priority rights remain while R&D is ongoing. Indian patent law allows applicants to file either a provisional or complete specification depending on commercial readiness.
Under Section 9 of the Patents Act, if an application is accompanied by a provisional specification, a complete specification must be filed within twelve months. This period cannot be extended. Failure to submit the complete specification causes the application to be deemed abandoned.
Statutory Patent Filing Process
- Step 1: Prior-Art & Patentability Search
- Step 2: Drafting Specification & Drawing Sheets (Form 2)
- Step 3: Application Filing & Priority Recordal (Form 1)
- Step 4: Statement & Undertaking on Foreign Filings (Form 3)
- Step 5: Declaration of Inventorship (Form 5)
- Step 6: Publication in Official Patent Journal (18 months or early via Form 9)
- Step 7: Request for Examination (Form 18 / 18A within 48 months)
Navigating Section 3 Exclusions
Not all novel inventions can be patented in India. The Indian Patent Office rigorously checks applications against the statutory exclusions enumerated in Section 3:
Section 3(c) — Scientific Principles
Mere discovery of a scientific principle or formulation of an abstract theory, or discovery of any living thing or non-living substance occurring in nature.
Section 3(d) — Known Substances
Mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance.
Section 3(k) — Software & Algorithms
Mathematical methods, business methods, computer programmes per se, or algorithms. Overcoming this requires demonstrating tangible technical contributions.
Section 3(m) — Mental Acts
A mere scheme or rule or method of performing mental act or method of playing game is not an invention under Indian patent jurisprudence.
Patent Legal Advisory
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