Patent Registration & Filing Services in India

Provisional and Complete Patent Applications

A provisional application (filed under Section 9(1) of the Patents Act, 1970) secures your filing date immediately — before the complete specification is ready. You then have 12 months to file the complete application with full claims, description, and drawings. The filing date of the provisional application becomes your priority date, which matters enormously in a first-to-file system.

A complete application can also be filed directly without a provisional — this is called an ordinary application under Section 7. Direct filing is appropriate when the invention is fully developed and the specification is ready to submit.

PCT International Filing

The Patent Cooperation Treaty (PCT) allows you to file a single international application that preserves your right to seek patent protection in over 150 countries simultaneously. India is a PCT member state. A PCT application filed through the Indian Patent Office gives you up to 30 months (in most countries) from the priority date to decide which countries to enter — deferring the cost of multiple national filings while maintaining global protection rights.

Examination and Prosecution

Filing a patent application does not automatically trigger examination. A separate Request for Examination must be filed within 48 months from the date of priority or filing, whichever is earlier, using Form 18. The Controller then examines the application for novelty, inventive step, industrial applicability, and compliance with Section 3 exclusions.

For startups and individual inventors who need faster decisions, Form 18A allows a request for expedited examination — typically reducing the examination timeline from 3–5 years to 6–18 months, subject to the applicant meeting the eligibility criteria.

Patent Drafting

The strength of a patent depends almost entirely on the quality of its specification and claims. Our team drafts patent specifications that clearly define the scope of protection — broad enough to be commercially meaningful, specific enough to distinguish the invention from prior art. A poorly drafted claim that is later invalidated or designed around by a competitor is a patent that provides no real protection.

Key services under this tab:

• Prior art search and patentability analysis
• Provisional application drafting and filing
• Complete specification drafting
• PCT international application filing
• Form 18 / Form 18A examination requests
• Response to First Examination Report (FER) and subsequent office actions
• Patent grant proceedings

Documents Required for a Patent Application in India

The following documents are required to file a patent application with the Indian Patent Office. All filings are submitted electronically through the IP India portal (ipindia.gov.in).

1. Form 1 — Application for Grant of Patent Applicant details, inventor details, title of the invention, and declaration of inventorship. If the applicant is different from the inventor (e.g., a company), the assignment or employment agreement establishing the right to apply must be submitted.

2. Form 2 — Provisional or Complete Specification

• For provisional filing: A description of the invention sufficient to show it is more than a concept — drawings and examples encouraged but not mandatory
• For complete filing: Full written description, claims (defining the scope of protection), abstract (150 words maximum), and drawings where applicable

3. Form 5 — Declaration as to Inventorship A signed declaration by the actual inventor(s) naming themselves as the true and first inventors.

4. Form 26 — Power of Attorney If a patent agent or attorney is filing on behalf of the applicant. Not required to be notarised for Indian applicants.

5. Priority Document (for Convention Applications) If claiming priority from a foreign application under Section 135, a certified copy of the foreign application must be submitted within the prescribed time.

6. Proof of Right to Apply If the applicant is not the inventor (e.g., employer claiming under employment contract, or assignee under an assignment deed), documentary proof of the right to file must be submitted.

7. Startup / MSME Proof (for concessional fees)

• DPIIT startup recognition certificate, or
• Udyam Registration Certificate

Key documents summary: Form 1 · Form 2 (provisional or complete) · Form 5 · Form 26 (if agent filing) · Priority document (if applicable) · Assignment or proof of right · DPIIT/Udyam certificate (for concessions)

Not sure what documents you need? Contact our team for a checklist tailored to your invention.” → https://unimarkslegal.com/contact-us/

Our Patent Practice — What Sets Us Apart

Technically informed drafting. Patent protection is only as strong as the specification. Our team works with inventors to understand the technical substance of each invention before drafting begins — not after. We ask the right questions during disclosure interviews to ensure the specification captures the full scope of what is inventive.

Prosecution experience. Filing is the beginning, not the end. We respond to First Examination Reports, argue novelty and inventive step before the Controller, and attend hearings at the Patent Office when required. Our prosecution track record spans mechanical, electrical, pharmaceutical, and software-adjacent inventions.

Portfolio management. For companies with multiple patents — or multiple pending applications — we maintain prosecution timelines, renewal calendars, and Form 27 compliance schedules so no filing deadline is missed and no patent lapses through administrative oversight.

Cross-border strategy. We advise on PCT filing strategy, national phase entry decisions, and coordination with foreign associates for patent protection in the US, Europe, Japan, China, and other key markets.

Enforcement. When a granted patent is infringed, we initiate enforcement proceedings — before the District Court (civil suits for injunction and damages), before the Controller (revocation proceedings), and through the High Court IP Division where jurisdiction is available.

Protecting Your Patent After Grant

Obtaining a patent grant is not the end of the process. A granted patent requires active monitoring, annual maintenance through renewal fees, mandatory working disclosure through Form 27, and — when infringement occurs — swift enforcement action.

Monitoring and watch services: We monitor competitor patent filings, published applications, and market activity for potential infringement of granted patents. Early detection allows enforcement action before the infringement becomes entrenched.

Cease and desist: When infringement is identified, a well-drafted cease and desist notice often resolves the matter without litigation — particularly for competitors who may have been unaware of the granted patent. Our enforcement notices are legally precise and commercially calibrated.

Civil enforcement — Section 108: Section 108 of the Patents Act, 1970 provides for civil remedies including injunctions (interim and permanent), damages, and accounts of profit. Patent infringement suits in India are filed before the District Court of competent jurisdiction or the High Court, depending on the quantum involved. We represent patent holders in infringement proceedings before the Madras High Court IP Division and other competent courts.

Revocation defence: Any person may file a petition for revocation of a granted patent before the Intellectual Property Division of the respective High Court, or raise revocation as a counterclaim in an infringement suit. We defend granted patents against revocation petitions on grounds of prior art, anticipation, and obviousness.

Post-grant opposition — Section 25(2): Within one year of the date of publication of the grant, any person may file a post-grant opposition before the Patent Office. We both file post-grant oppositions against competitors’ patents and defend clients’ patents against opposition proceedings.

Form 27 compliance: Every patentee must file Form 27 (Statement of Working of Patent) every calendar year by March 31, disclosing whether the patent has been commercially worked in India. Failure to file Form 27 is an offence under the Patents Act and can be used against the patentee in compulsory licensing proceedings under Section 84.