Frequently Asked Questions (FAQs)

Yes, inventor nationality must be provided on the application form.

Yes, any available details on corresponding foreign patent applications must be submitted at the time of filing.

No, only the deletion of entire claims is permitted at the time of filing.

No, these documents can be filed later within the stipulated deadline without additional fees.

• PCT National Phase Applications: Within 31 months of the earliest priority date.
• Paris Convention Applications: Within 3 months after the Indian Patent Office requests it.

All documents must be electronically uploaded via the Patent Office’s e-filing system. Originals must be submitted if requested.

Yes, if the application is filed by an entity other than the inventors, a document evidencing IP rights transfer from all inventors to the applicant is required.

• A India-specific Assignment signed by inventors with two witnesses.
• A previously executed worldwide Assignment.
• Application Form 1 signed by inventors.

• An Employment Contract in English may serve as proof.
• Legal heirs can sign the Assignment on behalf of a deceased inventor, with supporting documents like a Heirship Certificate.

Yes, PCT National Phase applications can be filed beyond the 31-month deadline, with an extension of up to 6 months by paying a penalty of $610 per month.

No, mere use claims are not allowable.

Chemical compositions consisting of mixture as such will attract Section 3(e) of the Indian Patents Act under the category of non-patentable inventions unless it can be shown that some unexpected synergistic interaction exists between the components of the composition to provide an improved result and it is not a mere admixture resulting only in the aggregation of the properties of the components.

Second use of a known substance or the mere new use of a known substance or process will attract Section 3(d) of the Patents Act under the category of non-patentable inventions. Swiss type claims are not allowable in India.

The following are non-patentable under Indian law:

• Frivolous inventions or those violating established natural laws.
• Inventions harmful to public order, health, or the environment.
• Mere discovery of scientific principles.
• Simple rearrangement or duplication of known devices.
• Methods of agriculture or horticulture.
• Artistic, literary, dramatic, musical, cinematographic, or television productions.
• Mental acts, gaming methods, or business schemes.
• Purely informational presentations.
• Integrated circuit topography.
• Traditional knowledge or aggregation of known properties.
• Atomic energy-related inventions (Section 4).
• Medical, surgical, or therapeutic processes for human/animal treatment (Section 3(i)).
• Biological processes involving plants, animals, or their propagation (Section 3(j)).
• Mathematical methods, business methods, algorithms, or computer programs per se (Section 3(k)).

No, mere use claims are not permitted.

Not unless they demonstrate an unexpected synergistic effect beyond a mere aggregation of properties (Section 3(e)).

No, second medical use or new use of a known substance is not patentable (Section 3(d)). Swiss-type claims are also not allowed in India.

No, currently there is no provision for PPH in India.

Yes, there is provision for filing an Express Request for Examination requesting that the Indian National Phase Application be taken up for examination without waiting for expiry of the statutory period of 31 months from the priority date. Patent applications are examined in the serial order of the requests filed for examination.

Yes, applicants qualifying as Educational Institutions can avail 80% reduction in official fees payable to the Patent Office by filing documents supporting its educational institution claim along with the prescribed Form 28.