How to file patent in India?

Under Indian Patent Act, the invention to be patentable should meet the following
criteria.

i) Novel: The invention disclosed in the specification is not published in India or

elsewhere before the date of filing of the patent application in India.
ii) Inventive: The invention is not obvious to a person skilled in the art in the
light of the prior publication/knowledge/ document.
iii) Industrially applicable: Invention should possess utility, so that it can be
made or used in the industry.

The above step is critical to identify novelty and inventiveness of the invention. It
requires skill to perform prior art search, patent search, claim understanding etc.
Before performing the patentable analysis, inventor should verify the non-
patentable matters as mentioned below.
Under Section 3 & 4 in Patent Act, and in sub section 3 (a) to 3 (p) gives the areas
of inventions not patentable. For example,

· invention which is against natural laws;

· causes injury to human, animal or plant life or health or to the environment;
· mere discovery of a scientific principle;
· mere discovery of thing occurring in nature;
· mere discovery of a new form of a known substance;
· substance obtained by a mere admixture;
· mere arrangement or re-arrangement or duplication of known devices;

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· method of agriculture or horticulture;
· any process of treatment of human beings;
· plants and animals excluding microorganism but including seeds;
· mathematical or business method or a computer programme per se or algorithms;
· artistic works;
· method of performing mental act or method of playing game;
· a presentation of information;
· topography of integrated circuits;
· traditional knowledge; and
· invention related to atomic energy.

Normally, non-patentable matter can be verified by you; however it is advisable

to cross-check from your patent agent or patent attorney. In case, your invention
falls under above list, you will not be required to pursue patentable analysis
and/or patenting your invention, otherwise you can proceed for patentable
analysis and patenting your invention.

The patentable analysis can be done by you if you are familiar with prior art
search or by your patent agent. Before providing all the information relevant to
your invention in an invention disclosure format to your patent agent, ensure to
enter in a Non-disclosure agreement with your patent agent. If the outcome of
analysis is favorable to your invention for patenting, you can go ahead for filing
patent application in India.

Next step is to draft the patent specification; again it can be done by you if you
are familiar with patent drafting or by your patent agent. To learn about patent

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drafting skill, please visit the link patent drafting. In India, a patent specification
has the following elements such as

· Title of Invention
· Field of Invention
· Background
· Summary of Invention
· Brief description of drawings
· Description of invention
· Examples if any
· Specific embodiments if any
· Abstract
· Claims
· Drawing/diagram/flow-chat

After completion of patent drafting, you can file it as provisional or complete

application. And then, your patent agent will file the patent specification with the
following forms and documents at appropriate offices in India.

1) Application form in duplicate (Form 1).

2) Provisional or complete specification in duplicate. If the provisional

specification is filed, it must be followed by the complete specification within 12
months.(Form 2).

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3) Information & undertaking listing the number, filing date & current status of
each foreign patent application in duplicate (Form 3).

4) Priority document (if priority date is claimed) in convention application, when

directed by the Controller.

5) Declaration of inventor-ship where provisional specification is followed by

complete specification or in case of convention/PCT national phase application
(Form 5).

6) Power of attorney (if filed through Patent Agent) (Form 26).

Please contact us at contact@intepat.com, in case any queries.

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TeleFax No: 080-42173649, Email: contact@intepat.com Web: www.intepat.com