Patent Search & Registration

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A patent is a right to exclude others from making, using or selling an invention. It is given to encourage innovation. In India patents are regulated by Indian Patents Act, 1970. Any invention of product or process which is new and involves inventive step and is capable being applied industrially can be patented in India. The procedure for registration is as follows:


1. The first step is to check the patentability of the invention to ensure a patent is available for them.

2. Next step is to file a patent application in the prescribed form along with a specification of the patent which has another prescribed format by the authority.

3. A patent drat is also to be submitted which is used by the Patent Office in determining whether to grant the patent or not.

4. It is then published within 18 months and then an application for examination in the prescribed format is to be filed before it can be finally granted.


  1. It gives you a right to stop others from using or copying your invention without your permission.
  2. The protection for a predetermined period avoids unnecessary competitors.
  3. Since it is an asset, it can be licensed to others or even sold to others and provide an important source of revenue.


  1. There can be two types of objections – pre-grant opposition and post-grant opposition. The former is made in a prescribed format along with a statement and evidence in support of the claim. If the Controller finds merit in it, he/she will give notice of opposition to applicant to which the applicant shall file a reply along with evidence within 3 months. After consideration of the same, the Controller may grant or reject opposition.
  2.  As regards post-grant opposition, any interested person can file an opposition within 12 months of publication of grant of patent by giving a notice to the Controller who will then inform the patentee of the same and ask an Opposition Board to consider the objection and give advice. Opponent will file his objection and evidence and patentee will file his reply within 2 months. Based on the same the Opposition Board will decide the objection.
  3. Usually attorneys assist with these hearings.


  1. Application for grant of patent, specification of patent, statement and undertaking under section 8 (if required) and a declaration as to inventorship.


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