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Practical guides

Indian patent law by subject

Twenty-two hubs, each gathering the Act sections and the Rules that belong to one stage or one question. Hubs are a way in — they link to the provision pages, they never replace them, and they never merge a section with a rule.

What can and cannot be patented in India

Not every clever idea is patentable in India. The Act asks three questions — is it new, is it non-obvious, can it be made or used — and then applies a separate filter: is the subject matter excluded by Section 3 or Section 4 altogether?

20 sections · 6 rules

Filing a patent application in India

Who may apply, what goes into Form 1, and what the filing date actually buys you.

26 sections · 28 rules

Specifications, claims and disclosure

The specification is the bargain: you disclose fully, and in return you get a monopoly limited to what you claimed.

11 sections · 12 rules

Priority, convention applications and the PCT route

How an Indian filing connects to filings in other countries, and how the international system feeds into India.

13 sections · 27 rules

Publication of a patent application

When your application becomes public, what that starts, and when you might want it to happen sooner.

11 sections · 13 rules

Examination and the First Examination Report

Nothing happens until you ask. Then a clock starts that has ended more Indian applications than any prior art ever has.

18 sections · 24 rules

Pre-grant and post-grant opposition

Two routes with the same statutory home and completely different mechanics.

12 sections · 26 rules

Grant, the patent term and the rights it gives

What a granted Indian patent actually lets you do, and for how long.

46 sections · 22 rules

Renewal, lapse and restoration

The most avoidable way to lose a valuable Indian patent.

8 sections · 6 rules

Assignment, licensing and the Register

A patent is property. Moving it takes writing, execution and registration.

26 sections · 16 rules

Working statements and compulsory licences

India expects patents to be worked, not warehoused.

27 sections · 10 rules

Patent infringement and enforcement

What counts as infringement, what does not, and what a court can do about it.

37 sections · 10 rules

Revocation and surrender of patents

Every ground on which a granted Indian patent can be taken away.

28 sections · 6 rules

Foreign filing permission and secrecy directions

The provision Indian residents most often breach without realising it.

16 sections · 5 rules

Patent agents and who may act

Who can file, argue and sign for an applicant before the Indian Patent Office.

12 sections · 16 rules

Government use and acquisition of inventions

The state's standing rights over patented inventions.

20 sections · 1 rules

Appeals, adjudication and penalties

Where a Controller's decision goes next, and what the Act punishes.

31 sections · 8 rules

Patent forms and official fees

Which form, which schedule, which category.

18 sections · 42 rules

Patent Office procedure and timelines

Hearings, adjournments, extensions and how time is counted.

74 sections · 121 rules

The Register of Patents and official records

What the Register records, who can see it, and how errors are corrected.

28 sections · 53 rules

Startups, MSMEs and educational institutions

The concessions that make Indian patenting affordable for small applicants.

3 sections · 4 rules

Convention countries and international arrangements

How India recognises filings made elsewhere.

19 sections · 39 rules