Patents
How new inventions and technical innovations can be protected under Indian patent law.
A patent protects a new invention by giving the inventor exclusive rights to it for a limited period, in exchange for publicly disclosing how it works. This page is a general, educational overview of how patent protection works in India.
What can be patented
To be patentable in India, an invention generally needs to satisfy three criteria:
- Novelty — it must be new, not already known or used anywhere in the world.
- Inventive step — it must not be obvious to a person skilled in the relevant field.
- Industrial applicability — it must be capable of being made or used in some kind of industry.
India's Patents Act also sets out categories that are excluded from patentability regardless of the above — including abstract ideas, mathematical methods, mere discoveries, and, with important nuance, computer programs "as such." Whether a particular software-related invention is patentable is a genuinely fact-specific question.
The application process, broadly
- Filing the patent application, with a complete specification describing the invention.
- Publication, typically around 18 months after filing.
- Request for examination — examination isn't automatic in India; it must be requested separately, within a prescribed period.
- Examination and response, where the Patent Office may raise objections that need to be addressed.
- Grant, once objections are resolved and the application is found in order.
This process commonly takes several years from filing to grant, though timelines vary considerably by field and application.
First-to-file, and why timing matters
India follows a first-to-file system: rights generally go to whoever files first for a given invention, not necessarily whoever invented it first. This makes early filing genuinely important — public disclosure of an invention before filing (including, in many cases, your own disclosure) can also jeopardise novelty.
How long protection lasts
A granted patent is valid for 20 years from the date of filing, provided prescribed renewal (annuity) fees are paid to keep it in force.
Patents vs. other forms of IP
It's a common point of confusion: patents protect how something works (a technical invention), while copyright protects a specific expression (like source code as written), and trademarks protect brand identifiers. A single product can genuinely involve all three at once — the underlying technology, the software implementing it, and the brand it's sold under.
Related reading: browse all posts on the blog for more on IP topics as they're published.
Frequently asked questions
- What can be patented in India?
- A new invention that is novel, involves an inventive step, and is capable of industrial application can generally be patented — subject to certain categories the Patents Act excludes from patentability, such as abstract ideas, mathematical methods, and, with some nuance, computer programs 'as such'.
- How long does patent protection last in India?
- A patent granted in India is valid for 20 years from the date of filing, subject to payment of renewal (annuity) fees.
- Is India a 'first-to-file' country for patents?
- Yes. Rights generally belong to whoever files first for a given invention, regardless of who invented it first, which makes timely filing important.