India has a dynamic innovation ecosystem that offers a strong framework for safeguarding Intellectual Property Rights (IPR), especially in the realm of patents. At Prip LLC, our focus is on global intellectual property management. A common query we receive pertains to the various Types of Patents in India. In this comprehensive guide, we delve into the different categories of patents in India, illustrating each type through examples. Additionally, we explore the legal considerations and strategic insights that inventors and businesses should weigh when navigating their choices.
What Is a Patent?
A patent is a type of intellectual property that grants the legal authority to the owner to prevent others from producing, using, selling, or importing an invention for a specific number of years. In return, the invention must be publicly disclosed. Patents in India are governed by the Patents Act of 1970, modified by the Patents (Amendment) Act of 2005. The oversight of patents falls under the authority of the controller general of Patents, Designs & Trademarks (CGPDTM) within the Ministry of Commerce and Industry.
Understanding the Types of Patents in India
India classifies patents broadly based on the nature of the invention. Below are the four main types of patents in India recognized under Indian patent law:
1. Utility Patents (Functional Patents)
Also referred to as “invention patents,” these protect new and useful inventions that offer a technical solution to a problem. Utility patents are the most common type granted in India.
Key Features:
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Covers processes, machines, manufactures, or compositions of matter
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Must demonstrate novelty, inventive step, and industrial applicability
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Valid for 20 years from the filing date
Example:
A new type of solar panel that increases energy efficiency.
2. Design Patents (Industrial Designs)
Design patents, also called “design registrations,” protect the aesthetic appearance of a product, not its functionality.
Key Features:
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Protects shape, configuration, pattern, ornamentation, or composition of lines or colors
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Does not cover functional aspects
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Valid for 10 years, extendable by 5 years
Example:
The unique shape of a luxury perfume bottle.
3. Plant Patents
While India does not grant plant patents per se like the United States, it protects new plant varieties under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.
Key Features:
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Protects new, distinct, uniform, and stable varieties of plants
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Applicants can be breeders, farmers, or institutions
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Validity ranges from 15 to 18 years, depending on the plant category
Example:
A genetically engineered drought-resistant rice variety.
4. Patent of Addition
This type applies when an inventor makes improvements or modifications to an already patented invention.
Key Features:
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Cannot exist independently from the main patent
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Shares the same term of validity as the principal patent
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No separate renewal fees required
Example:
Adding a touch-screen interface to an existing medical device.
Patentability Criteria in India
To qualify for any of the types of patents in India, an invention must meet the following criteria:
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Novelty: The invention must be new and not disclosed anywhere in the world.
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Inventive Step: The invention must involve a non-obvious technical advance.
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Industrial Applicability: The invention must be capable of being made or used in any industry.
What Cannot Be Patented in India?
According to Section 3 and 4 of the Indian Patent Act, certain inventions are non-patentable:
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Frivolous inventions or those contrary to natural laws
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Inventions contrary to public order or morality
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Mere discoveries of scientific principles
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Methods of agriculture or horticulture
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Medical treatments for humans or animals
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Mathematical or business methods and computer programs per se
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Traditional knowledge
Process to File for Different Types of Patents in India
The patent filing process is streamlined but varies slightly based on the type. At Prip LLC, we guide clients through each stage:
1. Patent Search & Evaluation
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Analyze the novelty and prior art
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Determine the appropriate type of patent
2. Drafting & Filing the Application
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Prepare detailed specifications and claims
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File with Indian Patent Office (IPO) online or offline
3. Publication of Application
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Automatic publication after 18 months unless requested for early publication
4. Examination & Objections
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Request for examination (RFE) within 48 months
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Respond to First Examination Report (FER)
5. Grant of Patent
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Upon satisfactory response and clearance
Advantages of Knowing the Types of Patents in India
Understanding these categories helps stakeholders:
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Strategically protect their innovations
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Avoid infringement risks
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Maximize commercial value of intellectual property
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Leverage IP for funding, licensing, and M&A
Common Mistakes to Avoid in Indian Patent Filing
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Filing without conducting a novelty search
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Choosing the wrong type of patent
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Drafting weak or vague claims
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Ignoring deadlines for examination request
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Not monitoring for infringement post-grant
Cost of Different Types of Patents in India
Patent Type | Government Fee (INR) | Attorney Fee (INR, Approx) | Validity |
---|---|---|---|
Utility Patent | ₹1,600–₹8,000 | ₹30,000–₹1,00,000+ | 20 years |
Design Patent | ₹1,000–₹4,000 | ₹10,000–₹25,000 | 10–15 years |
Patent of Addition | Nil (if same term) | ₹20,000–₹40,000 | Linked to main patent |
Plant Variety Rights | ₹5,000–₹10,000 | ₹20,000–₹50,000 | 15–18 years |
Pros and Cons of Filing Different Types of Patents in India
Pros | Cons |
---|---|
Exclusive rights to commercialize inventions | High legal and administrative cost |
Protection against unauthorized use | Time-consuming approval process |
Can be licensed or sold for revenue | Maintenance requires renewal fees |
Enhances business valuation and attracts investors | Risk of rejection if criteria not met |
Boosts brand image and market advantage | Requires public disclosure |
Global Comparisons of Patent Types: India vs. Others
Understanding how India’s system compares globally helps innovators align IP strategy:
Country | Utility Patents | Design Patents | Plant Patents | Patent of Addition |
---|---|---|---|---|
India | ✅ Yes | ✅ Yes | ✅ Under PPVFR Act | ✅ Yes |
USA | ✅ Yes | ✅ Yes | ✅ Yes | ❌ No |
EU | ✅ Yes | ✅ Yes | ❌ Separate system | ❌ No |
Japan | ✅ Yes | ✅ Yes | ✅ Yes | ✅ Yes |
Real-World Examples & Context
Innovation in Plant Varieties
India’s strong agritech sector leverages plant patents to safeguard medicinal or agricultural plant hybrids—crucial in sectors like Ayurveda and floriculture .
Design Patents Winning Global Recognition
A Bengaluru student recently secured a design patent for an innovative wooden-lacquered watch inspired by traditional Karnataka craftsmanship—highlighting how design patents promote cultural and sustainable innovation 🇮🇳.
Navigating Software Patent Exclusions
In 2005, India rejected software per se patents, but since 2016, revised Guidelines for examination of computer-related inventions allow patentability if there is a genuine technical advancement, as opposed to mere algorithmic or business logic .
Filing Process Overview
Prip LLC walks applicants through each filing stage:
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Decide between provisional or complete specification
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Choose application type: ordinary, convention, PCT National Phase, etc.
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File via online Indian Patent Office within deadlines
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Request examination within 48 months of filing
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Respond to office actions; meet criteria: novelty, inventive step, industrial applicability
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Pay annual renewal fees
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Monitor and enforce rights via Indian courts or customs
Why Choose Prip LLC for Patent Services in India
Prip LLC has been a trusted name in global intellectual property solutions, offering:
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Expertise in all types of patents in India
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Skilled patent attorneys and technical experts
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End-to-end services from ideation to patent grant
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Real-time updates and dedicated client portal
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International filing through PCT and Paris Convention
Whether you’re an individual inventor, a startup, or a multinational, Prip LLC ensures your innovations are protected and monetized effectively.
FAQs from Prip LLC Experts
Q: What is the duration of a utility patent?
A: A utility patent lasts for 20 years from the filing date, and requires annual renewals.
Q: Can a single invention be protected by both a utility patent and a design patent?
A: Yes, it is possible. A utility patent offers functional protection, whereas a design patent focuses on the aesthetic aspects.
Q: Are business methods patentable in India?
A: Business methods are not inherently patentable in India. They must be coupled with a technical solution involving hardware or a mechanical component to be eligible for a patent.
Q: When should I file a convention application after the initial filing?
A: You should file a convention application within 12 months of the initial filing in the first overseas country that is a member of the Paris Convention.
Q: What is a patent of addition?
A: A patent of addition refers to improvements or modifications made to an original patent. In India, such additions are required upon expiration, while in the US, separate fees may apply.
Q: Is there a deadline for converting a provisional patent application into a complete application?
A: The conversion of a provisional patent application into a complete application must occur by the first anniversary of the filing date.