Permanent Patent Filing

The complete protection of the protected invention is confirmed by a perpetual patent. An inventor's full description of their invention, a step-by-step plan for implementing it, claims outlining its scope, and an explanation of how to obtain patent protection are all included in a permanent patent application.

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INTRODUCTION

What is a Complete Patent Application?

All of an inventor’s patents give him the right to prohibit anyone from making, using, selling, importing, or inventing There is 20 years from the filing date of the patent to exercise this right. The 20-year aim is to encourage people to innovate more or more. A licensee has the right to decide who can sell, issue, or license a license and take legal action against anyone who violates it.

ADVANTAGES

Advantages of Permanent Patent in India

Exclusive Rights Over Your Invention

Patent registration grants the inventor the exclusive legal authority to prevent others from making, using, selling, offering for sale, or importing the patented invention without consent. This exclusive control allows the patent owner to license or assign the invention under negotiated terms and gives a competitive edge in the marketplace.

Legal Protection Against Infringement

With a registered patent, the inventor or their authorized entity can initiate legal action against anyone who uses or exploits the invention without permission. Infringement cases can be filed in a competent court (not lower than a District Court), empowering the patent holder to protect their intellectual rights effectively.

Revenue Through Licensing & Sale

A patent is a valuable intangible asset that can generate significant monetary returns. It can be licensed, assigned, or sold, allowing the inventor to earn royalties or profits. Industries like pharmaceuticals and biotech regularly generate substantial revenues through their patented innovations.

4. Scalable Business Growth

In cases of trademark licensing or co-ownership, the brand can expand faster as more partners contribute to its success. Joint branding efforts between assignor and assignee lead to increased market presence and brand equity.

A LIST OF DOCUMENTS

📄 Documents Required for Filing a Permanent Patent Application

To successfully file a permanent (complete specification) patent application in India, the following documents are required:

1. 📝 Title of the Invention

A concise and clear title reflecting the core idea of the invention.

2. 👤 Applicant’s Information
  • Full Name

  • Address

  • Nationality

  • Contact details
    This information is required for each applicant listed in the patent application.

3. 📘 Description of the Invention

A detailed explanation of the invention, including how it works and what is claimed as new or inventive. This section forms the basis of the patent’s protection scope.

4. ⚙️ Technical Aspects & Drawings
  • Complete technical specifications

  • Diagrams/drawings (if any) to support the understanding of the invention

  • A copy of the Provisional Patent Application, if it was filed earlier

5. 🔐 Digital Signature Certificate (DSC)

A valid DSC of the applicant is required for online filing.
If the applicant does not have one, it can be arranged at an additional cost.

6. 🏢 MSME or StartUp India Certificate (if applicable)

To avail fee reductions and government subsidies, applicants can submit a valid certificate under:

  • MSME (Micro, Small and Medium Enterprises)

  • Startup India scheme

What is Not Patentable in India?

Not all innovations qualify for patent protection under Indian law. The following categories are explicitly excluded from patentability as per the Indian Patent Act, 1970:

Mere Discoveries Without Inventive Step

Discoveries of scientific principles or natural phenomena that lack an inventive step or practical application cannot be patented. For example, the discovery of a new element or natural law.

Frivolous, Obvious, or Harmful Inventions

Inventions that are:Frivolous or obvious in nature,Contrary to public order or morality,Harmful to human, animal, or plant life or health,Related to atomic energy are not patentable in India.

Rearrangement or Duplication of Known Devices

A mere arrangement, rearrangement, or duplication of known devices functioning independently is not considered a new invention and lacks the inventive step required for patentability.

Methods of Agriculture or Horticulture

Techniques related to cultivation of plants or agricultural processes (e.g., a new way of irrigation or sowing seeds) are specifically excluded from patent protection.

🚀 Apply for a Permanent Patent in 3 Easy Steps

✅ Step 1: Quick & Easy Start
  • Spend less than 10 minutes filling out our secure online questionnaire

  • Upload the required documents to initiate the permanent patent process

  • Make a secure payment through our trusted gateway

✅ Step 2: Expert Assistance at Every Step
  • Get a dedicated Relationship Manager assigned to your case

  • Expert consultation on your permanent patent filing strategy

  • Professional drafting of documents and required agreements

  • End-to-end preparation & filing of your complete application

✅ Step 3: Patent Application Filed
  • We ensure your permanent patent application is filed within 25 working days*

  • You’ll receive an official receipt with Application Number, Title of Invention, and Date of Filing from the Patent Office

  • *Subject to government processing time

📋 Step-by-Step Process to File a Permanent Patent

📅 Days 1–8: Initial Collection & Consultation
  • Collection of basic information and any provisional application (if applicable)

  • Submission of detailed invention description, utility explanation, and well-structured claims

  • Finalization of terms, conditions, and the type of agreement required

📅 Days 9–20: Legal Drafting & Review
  • Preparation of patent documents by our experienced professionals

  • Drafting of the complete specification for the permanent patent

  • Ensuring compliance with all technical and legal requirements

📅 Day 24: Formal Submission
  • Online filing of Form-1 with necessary annexures and declarations

📅 Day 25: Final Filing Complete
  • Final submission of the Permanent Patent Application

  • You receive the official government receipt, confirming your application number, title, and filing date

  • From here, your application moves to the examination phase at the Indian Patent Office

Frequently Asked Questions

Have questions before reaching out? Here are quick answers to some of the most common queries we receive about contacting us, consultations, and service inquiries.

Filing a patent grants you exclusive rights over your invention, preventing others from making, using, selling, or distributing it without your permission. If not protected, your innovation can be commercially exploited by others. Patent protection ensures you control how your invention is used and monetized.

If you're employed and developed the invention during your employment, it generally belongs to your employer. However, if there's no such agreement, you may file it in your own name. To avoid future disputes, it is advisable to obtain a No Objection Certificate (NOC) from your employer or institution—especially if their resources were used.

No, public disclosure before filing makes an invention ineligible for patent. However, Indian patent law offers a 12-month grace period in limited cases—such as exhibitions approved by the government or publications in learned societies—allowing you to file the patent within that timeframe.

**4. What are the criteria for patentability in India?

To qualify for a patent, your invention must meet the following conditions:

  • Novelty: It must be new and not known to the public.

  • Inventiveness (Non-obviousness): It should involve an inventive step that is not obvious to others skilled in the field.

  • Industrial Applicability: It must be capable of being used in some form of industry or utility.

  • Legal Eligibility: It must not fall under sections 3 or 4 of the Indian Patents Act, which define non-patentable subject matter (like abstract theories, natural discoveries, or artistic works).

No, it’s not mandatory. A provisional patent application is only advisable if your invention is still in development. If your invention is complete, you may directly file the complete specification without needing to file a provisional application.

No. A patent granted in India is valid only within Indian territory. For international protection, you must file separate applications in each country where protection is needed.
However, after filing in India, you can apply in convention countries or under the Patent Cooperation Treaty (PCT) within 12 months from the Indian filing date to claim priority and extend protection globally.

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