Practice Areas
Patent Filing & Protection in India
Patents protect technical inventions and give innovators a limited monopoly to exploit their creations commercially. Strategic patent filing is critical for technology companies, manufacturers, and research institutions.
Overview
The Patents Act, 1970 (as amended) governs patent protection in India. A patent grants exclusive rights for 20 years from the filing date, subject to payment of annual renewal fees. India is a member of the Patent Cooperation Treaty (PCT), enabling Indian applicants to file internationally and foreign applicants to seek protection in India.
We assist inventors and enterprises from initial patentability assessment through to filing, prosecution before the Indian Patent Office, grant, maintenance, and enforcement. Our approach is to understand the commercial objectives first — not every invention warrants the time and cost of a full patent, and we advise accordingly.
India's patent law has important specific features, including restrictions on patentability under Section 3 for certain categories (software per se, business methods, pharmaceutical compounds under Section 3(d)), and we guide clients through these nuances carefully.
Our Services
- Patentability and prior art searches
- Provisional and complete specification drafting
- Patent application filing (Indian and PCT)
- Prosecution and response to examination reports
- Patent grant, maintenance, and renewal
- Patent infringement analysis and opinions
- Patent licensing and technology transfer
- Pre-grant and post-grant opposition proceedings
- Patent portfolio strategy and audits
Legal Framework
Patents Act, 1970
Primary legislation for patent protection in India, including provisions on patentable subject matter, term, and enforcement.
Patents Rules, 2003 (as amended)
Procedural rules for Indian Patent Office proceedings.
Patent Cooperation Treaty (PCT)
International filing mechanism allowing applicants to seek protection in multiple jurisdictions from a single application.
Get in touch
Protect what you've built.
Speak with Advocate Chirag Bhatt about your dispute, commercial, or regulatory matter. Initial consultations are confidential.