Permanent Patent

Permanent Patent: complete guide

Introduction

A "permanent patent" is the common term for a patent application filed with a complete specification under the Patents Act, 1970. It is the application that is examined by the Indian Patent Office and, if the invention meets the legal requirements, leads to the grant of a patent. A granted patent gives the patentee the exclusive right to prevent others from making, using, offering for sale, selling or importing the patented invention in India for twenty years from the date of filing, subject to payment of annual renewal fees. Despite the popular name, no patent is permanent: protection ends after the twenty-year term, after which the invention enters the public domain.

There are two ways to arrive at a complete application. An applicant can file a complete specification directly, when the invention is fully developed. Or an applicant can first file a provisional application to secure an early priority date, and then file the complete specification within twelve months of the provisional filing. Either way, the complete specification is the document that matters: it must fully and particularly describe the invention, disclose the best method of performing it that is known to the applicant, and end with claims that define the scope of protection.

The claims are the legal heart of the patent. They set the boundary of what others cannot do. Claims that are too broad may be rejected for lack of novelty or inventive step, while claims that are too narrow may be easy for competitors to avoid. The description must support every claim, and the drafting must anticipate the objections the examiner is likely to raise. These choices are made at the drafting stage and cannot be widened later, because amendments after filing are permitted only by way of disclaimer, correction or explanation, and cannot add new matter.

Securing a patent also involves a long examination process: publication, a request for examination, a First Examination Report, replies, and often a hearing before the Controller. Our team of patent agents and technical specialists drafts the complete specification and claims, files the application with the required forms, requests examination, responds to objections, attends hearings and follows the application through to grant.

This page explains who should file a complete patent application, what can be patented, the legal requirements, the step-by-step process, documents, timelines, our fee, common mistakes and what you must do after grant.

Who Needs It

A complete patent application is suitable for anyone who has developed a new technical invention and wants exclusive rights over it in India. Typical applicants include:

• Startups and technology companies with new products, devices, processes or technical systems that form the core of their business.
• Manufacturers and engineering firms with improvements to machinery, components, tools, manufacturing processes or materials.
• Pharmaceutical, chemical and biotechnology companies with new compounds, formulations, processes or uses that meet the requirements of the Act, including Section 3(d).
• Electronics and telecommunications businesses with new circuits, hardware, communication methods or devices.
• Agritech, cleantech and medical device innovators with new equipment, systems and processes.
• Universities, research institutions and students seeking to protect research results before publication or licensing.
• Individual inventors who have developed a working invention and want to license or commercialise it.
• Applicants who have already filed a provisional application and must file the complete specification within twelve months to keep their priority date.
• Foreign applicants entering India through the convention route or the national phase of a Patent Cooperation Treaty application.

If your invention is still at the idea or early development stage, a provisional application may be the more suitable first step. If you are unsure whether your invention is new, a patent search is advisable before drafting.

Key Benefits

• Exclusive rights in India. A granted patent allows you to prevent others from exploiting the invention in India for up to twenty years from filing.
• Commercial advantage. Exclusivity can support premium pricing, market share and a stronger position against competitors.
• Licensing and revenue. Patents can be licensed or assigned, generating royalty income or sale value.
• Investment and valuation. Investors and acquirers place value on granted patents and well-drafted pending applications.
• Legal remedies. The patentee can sue for infringement and seek injunctions, damages or an account of profits.
• Public recognition of innovation. A granted patent is evidence of technical innovation that can support tenders, grants and partnerships.
• Concessions for eligible applicants. Startups, small entities, educational institutions and natural persons pay lower official fees, and certain categories can request expedited examination.

Provisional first or complete directly. Filing a provisional application lets you secure a priority date early and use the following twelve months to refine the invention, test the market and prepare the complete specification. Filing a complete specification directly is suitable where the invention is fully developed and you want examination to begin sooner. Both routes lead to the same examination. The choice depends on how mature the invention is and how urgently you need a priority date.

How claims shape your protection. A typical complete specification has one or more independent claims that define the invention in its broadest acceptable form, followed by dependent claims that add specific features. If the broad claim is found to be anticipated by prior art, the narrower dependent claims provide fallback positions. Careful layering of claims is one of the most important parts of drafting, and it is why a patent search before drafting is so valuable.

Eligibility and Legal Requirements

The main requirements under the Patents Act, 1970 and the Patents Rules, 2003 are:

• Who can apply. Under Section 6, the true and first inventor, the inventor's assignee, or the legal representative of a deceased inventor can apply, alone or jointly with others.
• Patentable invention. The invention must be a new product or process, involve an inventive step and be capable of industrial application, as defined in Section 2(1)(j), (ja) and (ac).
• Not excluded. The invention must not fall within the exclusions in Section 3, such as mere discoveries, new forms of known substances without enhanced efficacy under Section 3(d), mere admixtures, methods of agriculture or horticulture, methods of treatment, mathematical or business methods, computer programmes per se, literary or artistic works, mere arrangements of known devices and traditional knowledge, or within Section 4 for atomic energy inventions.
• Complete specification. Under Section 10, the specification must fully and particularly describe the invention and its operation or use and the method by which it is to be performed, disclose the best method of performing it that is known to the applicant and for which protection is claimed, and end with claims defining the scope of protection. An abstract is also required. For biological material, the source and geographical origin must be disclosed, and deposits made where required.
• Forms. The application is filed with Form 1 (application), Form 2 (complete specification), Form 3 (statement and undertaking on foreign applications), Form 5 (declaration as to inventorship) and, where an agent files, Form 26 (power of attorney). Startup or small entity status is supported by the relevant form and proof.
• Time limit after a provisional. Where a provisional application was filed, the complete specification must be filed within twelve months of the provisional filing date, failing which the provisional is treated as abandoned.
• Request for examination. An application is examined only after a request is filed in Form 18, within the time limit prescribed in the rules counted from the priority date or the filing date. Following the 2024 amendments to the rules, this period is thirty-one months. Eligible applicants may request expedited examination in Form 18A.
• Foreign filing permission. Under Section 39, a person resident in India must not file a patent application for an invention outside India without first filing in India or obtaining written permission from the Controller, subject to the conditions in that section.
• Official fees. Fees vary by applicant category and are payable at actual.

The Patents Rules and Patent Office practice are amended from time to time. We check the current time limits and requirements at the time of filing.

Step-by-Step Guide

1. Invention disclosure meeting. Our technical team discusses the invention with the inventors in detail, including the problem it solves, how it works, the variations possible and the results achieved. A non-disclosure agreement can be signed first.
2. Prior art search. If a search has not already been done, we search Indian and international patent records and non-patent literature to identify the closest prior art.
3. Patentability assessment. We assess novelty, inventive step and any Section 3 concerns, and advise on the scope of protection that is realistically available.
4. Drafting the complete specification. We draft the title, field of invention, background, summary, detailed description with embodiments, drawings references and the best method of performing the invention known to you, and the abstract.
5. Drafting the claims. We draft independent and dependent claims that cover the invention as broadly as the prior art allows, with fallback positions. Where a provisional exists, we make sure the claims are fairly based on it for priority.
6. Drawings and review. We prepare or finalise the drawings in the required format and share the full draft with you for technical review and approval.
7. Filing the application. We file Form 1, Form 2, Form 3, Form 5, the power of attorney and supporting documents online with the Patent Office and pay the official fees at actual.
8. Publication and request for examination. The application is published after eighteen months from the priority date, or earlier if a request for early publication is filed in Form 9. We file the request for examination in Form 18, or expedited examination in Form 18A where eligible.
9. Examination, replies and hearing. The examiner issues a First Examination Report setting out objections. We prepare a detailed reply, with claim amendments and technical arguments, within the time allowed. If objections remain, we represent you at the hearing before the Controller and file written submissions afterwards.
10. Grant. Once the Controller is satisfied, and after any pre-grant opposition is decided, the patent is granted and published in the official journal. We share the grant details and set up your renewal reminders.

Documents Checklist

For all applicants:

• Invention disclosure: description, drawings, flowcharts, test data, prototypes or photographs
• Details of the closest known prior art and how the invention differs
• Full names, addresses and nationality of all inventors
• Details of any provisional, foreign or international application for the same invention

For an individual applicant:

• Identity and address details
• Signed Form 5 declaration as to inventorship
• Signed power of attorney in Form 26

For a company, startup or institution:

• Certificate of incorporation or registration
• Startup recognition certificate, MSME registration or proof of educational institution status, for fee concessions
• Assignment deed or proof of right to apply from each inventor, such as an employment agreement
• Board resolution or authority letter for the signatory
• Signed Form 26 power of attorney

For priority claims and foreign applicants:

• Certified copy of the priority document and its English translation, where required
• Details of corresponding foreign applications for Form 3
• For PCT national phase entries, the international application number and publication details

For biological inventions:

• Source and geographical origin of biological material
• Deposit details with a recognised depository, where applicable
• Permissions from the National Biodiversity Authority where required, before grant

How Long It Takes

• Drafting: usually two to four weeks from the disclosure meeting, depending on the complexity of the invention and the speed of your review.
• Filing: completed within one to two working days after you approve the draft and sign the forms.
• Publication: eighteen months from the priority date, or about one month after a request for early publication.
• Examination: begins after the request for examination is filed, in turn. Under normal examination, the First Examination Report can take a considerable time. Expedited examination for eligible applicants is generally much faster.
• Reply to examination report: must be filed within the time allowed under the rules, which is currently six months from the date of the report, extendable by a further period on request.
• Hearing and decision: if a hearing is fixed, the decision usually follows after written submissions.

Overall, the time from filing to grant commonly ranges from about two to five years under normal examination, and can be considerably shorter with expedited examination.

Pricing

Our professional fee for Permanent Patent is ₹ 29,999.

This covers:

• An invention disclosure meeting with our technical team
• Drafting of the complete specification, claims and abstract for one invention
• Preparation of drawings from the material you provide
• Preparation and filing of Form 1, Form 2, Form 3, Form 5 and Form 26
• Filing the request for examination
• Tracking the application through publication and examination

Official fees for filing, publication and examination depend on the applicant category and are payable at actual. A prior art search, replies to the First Examination Report, hearings, oppositions, expedited examination requests and annual renewal fees are quoted separately where needed.

Common Mistakes to Avoid

• Public disclosure before filing. Publishing a paper, showing a product at a trade fair or selling it before filing can destroy novelty. File first.
• Missing the twelve-month deadline after a provisional. The provisional lapses and the priority date is lost.
• Claims that are too broad or too narrow. Overly broad claims face objections, while narrow claims are easy to design around.
• Insufficient description. If the specification does not enable a skilled person to perform the invention, the patent may be refused or revoked later.
• Adding new matter later. Amendments cannot add matter not disclosed in the original specification, so include all embodiments and variations at the start.
• Forgetting the request for examination. An application is treated as withdrawn if the request is not filed within the time allowed.
• Ignoring Form 3 obligations. Details of corresponding foreign applications must be disclosed within the time limits. Non-compliance can be a ground for opposition or revocation.
• Filing abroad without permission. Indian residents must comply with Section 39 before filing outside India.
• Not documenting inventorship and ownership. Missing assignments from inventors can create title problems.

What Happens After

After grant, the patent must be maintained and used properly:

• Pay renewal fees. Annual renewal fees are payable to keep the patent in force, starting from the third year counted from the date of filing. The patent lapses if fees are not paid within the time allowed, though restoration may be possible under Section 60 in limited circumstances.
• File working statements. Patentees must file a statement on the working of the patent in India in Form 27 at the intervals prescribed by the rules, which since the 2024 amendments is once for every period of three financial years.
• Watch for post-grant opposition. Any interested person may file a post-grant opposition within one year of the publication of grant. We help you respond if one is filed.
• Record assignments and licences. Transfers and licences must be registered with the Controller under Section 68 and Section 69.
• Mark your products. Marking products with the patent number helps against the innocent infringement defence.
• Enforce your rights. Monitor the market and act against infringers promptly.
• Consider protection abroad through convention filings within twelve months of the priority date or through the Patent Cooperation Treaty route.

Our team can manage renewals, working statements, oppositions, licensing and infringement matters for your patent.

FAQs

Is a patent really permanent?

No. A patent lasts for twenty years from the date of filing, subject to the payment of renewal fees. "Permanent patent" is a common term for a complete patent application, as opposed to a provisional one.

What is the difference between a provisional and a complete application?

A provisional application describes the invention and secures a priority date, but it is not examined. A complete application includes a full specification and claims, and it is examined and can lead to grant.

Can I file a complete application without filing a provisional first?

Yes. If the invention is fully developed, you can file a complete specification directly.

How long do I have to file the complete specification after a provisional?

Twelve months from the date of filing the provisional application. If it is not filed in time, the provisional is treated as abandoned.

Is examination automatic?

No. You must file a request for examination in Form 18 within the time allowed under the rules. Eligible applicants can request expedited examination in Form 18A.

Who can request expedited examination?

The rules allow expedited examination for specified categories, such as startups, small entities, female applicants, government entities and applicants who chose India as the international searching authority in a PCT application, among others. We confirm eligibility for your case.

Can software be patented in India?

Computer programmes per se are excluded under Section 3(k). Inventions that involve software but provide a technical effect or technical contribution, often with hardware, may be patentable. Drafting for such inventions requires particular care.

What happens in a pre-grant opposition?

After publication and before grant, any person can file a representation opposing the grant under Section 25(1). The Controller considers it along with the applicant's reply before deciding.

Will my patent protect me outside India?

No. Indian patents are effective only in India. For other countries, you must file there, either through the Paris Convention within twelve months of the priority date or through the Patent Cooperation Treaty.

What are the official fees?

Official fees depend on the applicant category, such as natural person, startup, small entity or others, and on the number of pages and claims. They are payable at actual.

Can I amend the claims after filing?

Yes, but only by way of disclaimer, correction or explanation, and without adding matter not in the original disclosure or widening the scope beyond it.

Do I need to have a working prototype?

No. A working prototype is not required. The specification must describe the invention clearly enough for a skilled person to perform it.

What is Form 3?

Form 3 is a statement and undertaking about applications for the same or substantially the same invention filed outside India. It must be filed, and updated, within the time limits in the rules.

Related Trademark & IP services

• Provisional Application
• Respond to TM Objection
• Search for Trademark
• Trademark Assignment