Protect Your Invention in India
Filing a patent in India gives you exclusive rights to your invention across one of the world's fastest-growing innovation markets. Our team at Brealant guides you through every stage of the process before the Indian Patent Office, from initial filing to grant.
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Essential Guide to Patents in India
Legal Definition: A patent in India is an exclusive right granted for a new invention that is novel, involves an inventive step, and is capable of industrial application.
Purpose and Function: Governed by the Patents Act, 1970, a granted patent gives the exclusive right to make, use, sell, or import the invention in India for 20 years.
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A Hassle-Free Patent Filing Journey with Brealant
- Search: Request a prior art search to assess the novelty of your invention.
- File: Brealant prepares and submits your patent application to the Indian Patent Office.
- Wait: A Request for Examination (RFE) must be filed within 48 months of the priority or filing date.
Clear, Simple Steps to Securing Your Patent
In India, examination is not automatic — it only begins once a Request for Examination is filed, giving applicants flexibility over when to trigger the process.
What a Patent Protects
New devices, apparatus, compositions, and manufactured articles that meet the novelty and inventive step requirements.
New methods or processes of manufacturing, including certain chemical and industrial processes.
Partnering with IP experts in India ensures your application is drafted to withstand scrutiny and captures the full scope of your invention.
Limitations — What Cannot Be Patented in India
Discoveries & Scientific Theories
Mere discoveries of a scientific principle, or the formulation of an abstract theory.
Business Methods & Algorithms
Methods of doing business and mathematical or computer algorithms, as such.
Section 3(d) Derivatives
New forms of a known substance that do not enhance its known efficacy, frequently applied to incremental pharmaceutical claims.
Traditional Knowledge
Inventions that are effectively traditional knowledge or an aggregation of known properties of traditionally known components.
The Indian Patent Office examines each application closely against these exclusions, which is why experienced drafting matters from the outset.
Frequently Asked Questions
Is examination automatic once I file a patent application in India?
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No. Examination only begins after a Request for Examination is filed, which must happen within 48 months of the priority or filing date.
What is Section 3(d) and why does it matter?
Section 3(d) of the Patents Act restricts patents on new forms of a known substance unless they show enhanced efficacy, especially relevant to pharmaceutical and chemical innovations.
Can I patent software in India?
Software as such is not patentable, but computer-related inventions with a genuine technical effect or contribution can qualify, so careful claim drafting is essential.
When is my patent application published?
Applications are published 18 months after the filing or priority date, unless early publication is specifically requested.
Is India part of the Patent Cooperation Treaty (PCT)?
Yes, India is a PCT member state, so applicants can enter the national phase in India from an international PCT application.
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Blogs and Resources
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