1. The Three Mandatory Patentability Criteria
Under Section 2(1)(j) of the Patents Act, an invention cannot receive a patent unless it meets every element of the statutory triad:
The invention must not have been published in any document or used publicly anywhere in the world prior to the priority filing date. India follows a strict absolute novelty standard.
Defined under Section 2(1)(ja) as a feature of an invention that involves technical advance as compared to existing knowledge, making it non-obvious to a person skilled in the relevant art.
Defined under Section 2(1)(ac). The invention must be capable of being manufactured, synthesized, or practically utilized in an industry. Pure theoretical concepts are unpatentable.
2. Non-Patentable Subject Matter: Section 3 Exclusions
Even if an invention is technically novel, it cannot be patented if it falls under Section 3 of the Indian Patents Act:
- Section 3(a): Inventions that are frivolous or contrary to natural laws (e.g. perpetual motion machines).
- Section 3(b): Inventions contrary to public order, morality, or causing serious prejudice to human, animal, or plant life.
- Section 3(c): Mere discovery of a scientific principle or formulation of an abstract theory, or discovery of any living thing or non-living substance in nature.
- Section 3(d): Mere discovery of a new form of a known substance which does not result in enhanced therapeutic efficacy (the landmark Novartis v. Union of India doctrine against evergreening).
- Section 3(k): A mathematical or business method or a computer program per se or algorithms.
- Section 3(p): Inventions which are essentially traditional knowledge or aggregations of known properties of traditional components (e.g. turmeric or neem formulations).
3. The 7-Step Patent Registration Procedure in India
Filing an Indian patent involves a structured sequence of statutory filings and examination milestones:
Step 1: Prior Art Patentability Search
Conduct extensive keyword, classification (IPC/CPC), and citation searches across InPASS (Indian Patent Office), Google Patents, and WIPO Patentscope to ensure no prior public disclosure anticipates your claims.
Step 2: Patent Drafting (Provisional vs Complete)
File a Provisional Specification (Form 2) to establish an immediate priority date, or a Complete Specification with title, abstract, background, detailed description, drawings, and independent/dependent claims.
Step 3: Filing the Application Forms
Submit Form 1 (Application for Grant), Form 2 (Specification), Form 3 (Foreign filing undertaking), and Form 5 (Declaration of Inventorship) on the CGPDTM e-filing portal.
Step 4: Publication in the Official Patent Journal
Applications remain confidential for 18 months and are then published automatically. Applicants can file Form 9 for early publication within 1 month.
Step 5: Request for Examination (RFE - Form 18 / 18A)
Unlike trademarks, patent applications are not examined automatically. An applicant must file Form 18 within 48 months (or expedited Form 18A for recognized startups and female inventors).
Step 6: First Examination Report (FER) & Hearing
The Patent Examiner issues a FER detailing prior art objections under Section 2(1)(j) or Section 3. The applicant has 6 months (extendable by 3 months via Form 4) to submit a formal written rebuttal and amended claims.
Step 7: Grant of Patent Certificate
Upon satisfying all examiner objections and pre-grant opposition notices, the Controller issues the official Patent Certificate under Section 43, conferring exclusive commercial rights for 20 years.
Ready to file? Check out CopyHart's specialized Patent Filing Services for end-to-end drafting and prosecution support.
4. Government Statutory Fee Schedule (2026)
Official statutory fees payable to the Controller of Patents depend on entity classification:
| Statutory Form & Step | Natural Person / DPIIT Startup | Small Entity (MSME) | Large Enterprise / Corporate |
|---|---|---|---|
| Form 1: Application Filing (up to 30 pages & 10 claims) | ₹1,600 | ₹4,000 | ₹8,000 |
| Form 9: Request for Early Publication | ₹2,500 | ₹6,250 | ₹12,500 |
| Form 18: Request for Examination (RFE) | ₹4,000 | ₹10,000 | ₹20,000 |
| Form 18A: Expedited Examination | ₹8,000 | ₹25,000 | ₹60,000 |
Frequently Asked Questions on Indian Patents
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