Patent FAQ’s

Patent Frequently Asked Questions (FAQs)

What is a patent?

A patent is a legal right granted by the government to an inventor, providing exclusive ownership over an invention for a specific period, usually 20 years. It prevents others from making, using, selling, or distributing the invention without permission.

Why should I apply for a patent?

Applying for a patent ensures that your invention is legally protected, preventing unauthorized use. It also provides a competitive edge, increases market value, and allows monetization through licensing or selling the patent.

What types of patents are available in India?

India recognizes three types of patents:

• Utility Patents – Protects functional inventions.
• Design Patents – Covers the ornamental design of a product.
• Plant Patents – Granted for new plant varieties developed through asexual reproduction.

Who can apply for a patent in India?

An individual inventor, a company, or a legal entity can apply for a patent. The applicant must be the true and first inventor or an assignee of the inventor.

What is the process of patent registration in India?

The patent registration process includes:

• Conducting a prior-art search to check uniqueness.
• Filing the patent application with complete specifications.
• Examination by the Patent Office.
• Publication of the patent application.
• Grant of patent after approval.

How long does it take to get a patent in India?

The time frame varies but generally takes 2 to 5 years, depending on the complexity of the invention and the examination process.

Can I apply for an international patent from India?

Yes, you can file for international patent protection through the Patent Cooperation Treaty (PCT), which allows you to seek patents in multiple countries through a single application.

What is the cost of filing a patent in India?

The cost depends on the type of applicant and the complexity of the invention. Government fees start at ₹1,600 for individuals and may vary for companies. Additional legal and professional charges may apply.

Can I patent an idea?

No, you cannot patent a mere idea. A patent is granted only for tangible inventions that are novel, non-obvious, and useful.

What happens if someone infringes my patent?

If someone uses your patented invention without permission, you can take legal action against them for infringement, seeking damages or an injunction to stop unauthorized use.

Do patents have to be renewed?

Yes, after the patent is granted, annual renewal fees must be paid from the third year onwards to maintain the patent’s validity.

Can a patent be transferred or sold?

Yes, patents can be assigned, sold, or licensed to another individual or company, allowing the patent holder to monetize their invention.

What inventions cannot be patented in India?

Some exclusions include:

• Laws of nature, abstract ideas, or mathematical formulas.
• Scientific theories and discoveries.
• Traditional knowledge.
• Methods of agriculture or medical treatments.
• Any invention against public morality or natural laws.

What is the validity of a patent in India?

A patent is valid for 20 years from the date of filing. After that, it falls into the public domain unless renewed or extended.

How can Balaji Certification help with patent registration?

Balaji Certification offers expert assistance in patent filing, documentation, legal support, and tracking to ensure a seamless patent registration process. Contact us today to secure your intellectual property!

Disclaimer: This content is for informational purposes only. Consult a legal expert for professional advice on patent registration and protection.