A patent is an exclusive right granted to an inventor for a novel, non-obvious, and industrially applicable invention. Protected under the Patents Act 1970 (amended 2005), an Indian patent gives the patentee exclusive rights to make, use, sell, or import the invention in India for 20 years.
SPOTON's IP team assists inventors — individuals, startups, and companies — with patent search, provisional and complete specification drafting, application filing, examination response, and grant of patent. We also advise on PCT international filing for global protection.
Key Benefits
Exclusive Monopoly20-year exclusive right to commercially exploit the invention in India.
MonetisationLicense your patent to others and earn royalties as a passive income.
Prevent CopyingLegal protection against competitors manufacturing or selling your invention.
International FilingUse Indian application as priority date for PCT filing in 150+ countries.
Commercial AdvantagePatents signal innovation — preferred by investors, partners and government.
Eligibility & Requirements
Novel invention (not publicly disclosed before filing)
Inventive step (non-obvious to a person skilled in the art)
Industrial applicability
Inventor's complete details
Detailed description of the invention with drawings (if applicable)
Claims defining the scope of protection sought
Step-by-Step Process
1
Patent Search
Prior art search to determine novelty and freedom to operate.
2
Provisional Application
File provisional application to secure priority date — gives 12 months to complete the invention.
3
Complete Specification
File complete specification with detailed claims within 12 months of provisional filing.
4
Publication
Patent is published in the Patent Office Journal after 18 months from filing.
5
Examination Request
File Request for Examination (RFE) to initiate examination.
6
First Examination Report
Respond to examiner's objections (FER) with amendments and arguments.
7
Grant of Patent
Patent is granted and published in the Patent Office Journal.
Documents Required
Complete description of the invention
Drawings or diagrams (if applicable)
Claims defining the scope of the patent
Abstract of the invention
PAN and Aadhaar of all inventors
Assignment deed (if applicant is different from inventor)
Priority document (if claiming Paris Convention priority)
Need help gathering documents? Our team will send you a personalised checklist and guide you through document preparation — just WhatsApp or call us.
Frequently Asked Questions
Any novel, inventive and industrially applicable invention can be patented — product, process, method, system or improvement. Section 3 excludes business methods, mathematical formulae, software per se, and natural phenomena.
A provisional application secures your priority date while your invention is still being developed. It gives you 12 months to file the complete specification without losing your filing date.
From filing to grant typically takes 3–5 years in India due to examination queue. However, startup and women-inventor applications are given expedited examination.
Software per se is not patentable in India. However, if software is part of a technical solution with hardware components and produces a technical effect, it may be patentable as a computer-implemented invention.
