Patent Registration
Provisional to grant, with the searches done first.
A patent protects an invention that is new, involves an inventive step and is capable of industrial application. Software as such and business methods are excluded under section 3(k), which is where most Indian software applications fail.
A provisional application secures the priority date and gives you twelve months to file the complete specification. That window is what lets you file before the product is finished.
Examination is not automatic — you have to request it within forty-eight months of priority, and failing to is a common way applications lapse.
What is included
- Patentability and prior-art search
- Provisional and complete specification drafted
- Form 1, 2, 3 and 5 filed
- Examination request and reply to the FER
What we need from you
- A full technical description of the invention with drawings
- Inventor details and the assignment, if the applicant differs
- Startup or MSME certificate for the reduced fee
- Form 26 power of attorney
Questions
Can software be patented in India?
Not on its own. Section 3(k) excludes computer programmes as such and business methods. A software invention with a demonstrable technical effect on hardware can be patentable, but the drafting decides it and the bar is high.
Also in Trademark & IP
Talk to us
Get started with Patent Registration
Tell us a little about the business and a chartered accountant will call you back. You will get a firm quote before any work begins.
- A qualified accountant on the call, not a call centre
- A firm quote before any work begins
- Your details are never sold or shared