Guide to Patent Protection in India

Patents are exclusive rights granted for an invention – a solution to a technical problem – which entitles the patent holder to prevent third parties from commercially exploiting (making, using, selling or importing) the invention. Inventions allow many businesses to be successful because they develop new or better processes or products that offer a competitive advantage in the marketplace. Like all IP rights, patents are territorial in nature, which means that they are only valid where they have been successfully registered. A patent registered in Europe has no legal effect in India and can therefore not be enforced there. Consequently, any European SME looking to do business in India, and wishing to protect its exclusive rights in its inventions on this market should make use of the Indian patent system. EU SMEs should note that the patent granting process may take between 4 to 6 years to be completed, from date of filing of the patent application to date of grant of the patent. The Indian Patent Office (IPO), administered by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM), is the authority in charge of granting patents in India. The Head Office of the IPO is located in Kolkata, and counts three additional branches located in Delhi, Chennai and Mumbai. Depending on the address of the applicants (or their legal representative), any patent applications should be filed in one of the four offices having territorial jurisdiction. Although there are four offices, the substantive and formal procedures for granting the patent remain the same across all four offices. The Controller may even allocate the prosecution of the application to any of the four Patent Offices.