Understanding Indian Patent Law: A Comprehensive Guide

India’s patent law framework is governed by the Patents Act, 1970, and the Patents Rules, 2003, as amended. India is also a signatory to key international treaties including the Patent Cooperation Treaty (PCT), the Paris Convention, TRIPS, and the Budapest Treaty. This reference guide is designed to help inventors, businesses, and researchers understand the key aspects of Indian patent law. 

What is Patentable in India? 

To be patentable in India, an invention must satisfy three core requirements: 

1. Novelty

An invention is new if it is not anticipated by prior art — i.e., not already known, used, or published anywhere in the world before the filing date (or priority date). India follows an absolute novelty standard. 

2. Inventive Step

The invention must not be obvious to a person skilled in the art at the date of filing. An inventive step requires that the invention involves a technical advance or has economic significance, and is not obvious to someone with ordinary knowledge in the field. 

3. Industrial Applicability

The invention must be capable of being made or used in some kind of industry. This is a relatively broad requirement and rarely a bar to patentability. 

What is NOT Patentable in India? 

Section 3 of the Patents Act, 1970 lists a number of excluded categories. Key exclusions include: 

• Inventions contrary to natural laws (e.g., perpetual motion machines) 

• Inventions contrary to public order or morality 

• Mere discoveries of a scientific principle or abstract theory 

• Discoveries of a naturally occurring substance 

• Substances obtained by a mere admixture resulting in the aggregation of properties (Section 3(e)) 

• New forms of known substances without enhanced efficacy (Section 3(d) — the famous Novartis provision) 

• Methods of agriculture or horticulture 

• Medical, surgical, curative, or prophylactic methods for treatment of humans or animals 

• Plants and animals (except micro-organisms) 

• Mathematical methods, business methods, computer programs per se, and algorithms 

• Aesthetic creations and literary/artistic works (these are protected by copyright and design law instead) 

Key Patent Terms & Timelines in India 

• Patent Term: 20 years from the date of filing 

• Provisional Application: Must be followed by complete specification within 12 months 

• Request for Examination: Must be filed within 48 months of priority/filing date 

• Response to FER: Typically 6 months (extendable) 

• Publication of Application: 18 months after filing / priority date (automatic) 

• Pre-Grant Opposition: Can be filed from publication to grant 

• Post-Grant Opposition: Must be filed within 12 months of grant 

The Indian Patent Office 

India has four Patent Offices: the Head Office in Kolkata, and Branch Offices in Delhi, Mumbai, and Chennai. All offices operate under the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). Jurisdiction of the Patent Office is determined by the residence or principal place of business of the applicant (for Indian applicants) or the place of service of the agent (for foreign applicants). 

SCIPP Patents and the Indian Patent Office 

Our attorneys are registered Patent Agents before the Indian Patent Office and regularly appear before the Delhi Patent Office on behalf of our clients. We are closely familiar with the examination practices, pending workloads, and procedural nuances of the IPO — knowledge that translates directly into more efficient and effective prosecution strategies for our clients.