Country: INDIA
Strategic Hub:
India is a global leader in innovation, currently ranking among the top 10 countries worldwide for intellectual property filings. It boasts one of the fastest-growing patent ecosystems globally, with significant activity in the pharmaceutical, artificial intelligence, and digital infrastructure sectors. As a massive consumer market and manufacturing base, securing IP in India is a fundamental requirement for any global brand strategy.
Regulatory Body:
Intellectual property rights are administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), commonly known as the Indian Patent Office. Headquartered in Mumbai with branches in Kolkata, New Delhi, and Chennai, the CGPDTM functions as a quasi-judicial authority overseeing the Trademarks Registry, Patent Office, and Designs Registry.
International Standing:
India is fully integrated into the global IP framework as a member of the World Intellectual Property Organization (WIPO) and a signatory to the Paris Convention, Patent Cooperation Treaty (PCT), and the Berne Convention. Since 2013, India has been a member of the Madrid Protocol, allowing international brand owners to extend trademark protection to India via a centralized international application.
Member of PCT ?
YES
Can Convention priority be claimed ?
Yes- within12 months from the date of first filing of the priority application. For national phase of PCT application-within 31 months from the earliest priority date
Patent Search
YES
Novelty requirement
Worldwide
Deadline for filing supporting documents
Yes- 90 days
Does the invention specification have to be translated for filing
No
Required Documents
1. Application for Grant of Patent (Form 1).
2. Provisional or Complete Specification (Form 2).
3. Statement and Undertaking regarding foreign applications (Form 3).
4. Declaration of Inventorship (Form 5).
5. Power of Attorney (Form 26), if filed through a patent agent.
6. Priority Document, if priority is claimed.
7. Deed of Assignment, if the applicant is not the inventor.
8. PCT documents, for national phase applications.
Note: If a provisional specification is filed, the complete specification must be filed within 12 months.
Failure to file the complete specification results in abandonment.
Examination
• Examination is conducted only upon request.
• Request for Examination (RFE) must be filed:
• Within 48 months from filing or priority date.
• Examiner assesses:
• Novelty
• Inventive step
• Industrial applicability
• Patentability under Sections 3 & 4 of the Patents Act, 1970.
Publication
Patent applications are published after 18 months from the filing or priority date. Early publication can be requested using Form 9.
Opposition
Pre-grant Opposition • Can be filed by any person after publication and before grant. Post-grant Opposition •Can be filed by an interested person within 12 months from the date of grant.
Duration
Twenty (20) years starting from the filing date. The term of protection is non-extendable
Compulsory Licensing
If the patent is not exploited within 3 years from the date of grant, it will be subject to compulsory licensing.
Annuities
• Renewal fees payable from the 3rd year onwards.
• Can be paid yearly or in advance.
• Grace period available with surcharge
Assignment
Trademark Search
Not Mandatory- Possible for word mark
Trademark Filing
Single/Multi-Class Jurisdiction
Multi-class applications are also allowed
Can services be registered
YES
Can convention priority be claimed
YES
Is the international classification
Yes - Nice Classification, 12th addition
Documentation and information required to file
A simply signed Power of Attorney; the original can be filed after filing the application.
Name(s), nationality and address of the applicant(s).
A list of the goods/services and the corresponding class(es), as per Nice Classification containing 45 classes.
Opposition period after publication
4 Months
Validity
Change of name or address
Documentation and information required to file the recordal of change of name or address
A simply signed Power of Attorney in the new name and/address.
A notarized copy of the change of name certificate issued by the competent authority.
A certified change of address document mentioning the effective date.
Treaties and conventions
WIPO Convention, Brussels Convention, Trademark Law Treaty, Berne Convention, Paris Convention, Rome Convention, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Patent Cooperation Treaty, Madrid Protocol, Nice Agreement, Patent Law Treaty, Budapest Treaty, World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC), GCC Patent Law.
Member of LOCARNO CLASSIFICATION
Yes
Can Convention priority be claimed:
Novelty Requirement
Patent search
Deadline for filing supporting documents:
Multiple designs
Required Documents:
Publication
Opposition
Duration
Compulsory licensing.:
Annuities:
Assignment:
Merger:
Name / Address:
Our Global Reach & Jurisdictions
We provide expert legal representation across an extensive network of global partners, specializing in the complex regulatory landscapes of the Middle East, Asia, and Africa. Our firm ensures your intellectual property rights and commercial interests are protected with the broadest possible range of international coverage
