A Complete Guide to the Different Types of Patent Applications in India

 

A patent is a vital form of intellectual property that gives inventors the exclusive right to make, use, sell, or distribute their invention, preventing others from doing so without permission. In India, patents are governed by the Indian Patents Act, 1970, which has evolved to align with international standards such as the TRIPS agreement.

At Shekhawat Law, we believe that whether you're an individual inventor, startup founder, or large corporation, understanding patent options is critical for protecting your innovation. This guide outlines the various types of patent applications in India and the steps to file them effectively.

Types of Patent Applications in India

1. Provisional Patent Application

A provisional application is the first step for inventors still developing their innovation. It helps secure an early filing date.

Key Benefits:

• Early Priority Date – Protects your invention from similar later filings.
  
  

• Simplified Process – No need for a full technical specification.
  
  

• Cost-Efficient – Lower filing fees than a complete application.
  
  

• 12-Month Deadline – Must file the complete specification within 12 months.
  
  

2. Complete Patent Application

This is the full and formal patent application and may be filed directly or following a provisional application.

Key Features:

• Detailed Specification – Includes technical drawings, descriptions, and examples.
  
  

• Defined Claims – Legal protection scope is clearly outlined.
  
  

• Undergoes Examination – Assessed by the Indian Patent Office.
  
  

• Automatic Publication – Published after 18 months, unless early publication is requested.
  
  

3. Convention Patent Application

If you've already filed a patent in a Paris Convention member country, you can file a Convention Application in India within 12 months.

Key Features:

• International Priority – Uses your earlier filing date from another country.
  
  

• Global Strategy – Suitable for cross-border IP protection.
  
  

• Document Requirements – Includes certified original applications and English translations.
  
  

4. Patent of Addition

This is filed for improvements or changes to an existing patent without starting the process anew.

Key Features:

• Linked to Main Patent – No standalone status.
  
  

• No Additional Renewal Fees – Shares the same fee schedule as the main patent.
  
  

• Ideal for Enhancements – Useful when improving existing inventions.
  
  

5. Divisional Patent Application

Filed when a single application covers more than one invention, to maintain compliance with the “unity of invention” requirement.

Key Features:

• Independent Examination – Evaluated separately from the parent application.
  
  

• Same Priority Date – Retains the original application’s filing date.
  
  

• Increased Flexibility – Allows protection for multiple inventions.
  
  

6. PCT National Phase Application

Filed under the Patent Cooperation Treaty (PCT), allowing inventors to enter India after filing an international patent.

Key Features:

• Global Coverage – One application covers multiple countries initially.
  
  

• 31-Month Window – File in India within 31 months of the first filing.
  
  

• Full Examination – Must meet Indian patent requirements before grant.
  
  

Patent Filing Process in India – Step by Step

At Shekhawat Law, we streamline your patent journey with expert guidance through each phase:

1. Patent Search
   Conduct a novelty search to ensure your idea is unique.
   
   

2. Draft Specification
   Prepare a Provisional (summary) or Complete (detailed) specification with claims.
   
   

3. File the Application
   Submit with the appropriate forms and fees to the Indian Patent Office (online/offline).
   
   

4. Publication
   The application is published after 18 months, or earlier on request.
   
   

5. Request for Examination (RFE)
   File the RFE within 48 months from the priority date.
   
   

6. Respond to Examination Report
   Address objections or suggestions from the examiner with amendments or clarifications.
   
   

7. Patent Grant
   Once accepted, your patent is granted and published in the Patent Journal.
   
   

8. Renewal and Maintenance
   Pay annual fees to keep your patent active. Non-payment leads to expiry.
   
   

Why Choose Shekhawat Law for Patent Filing?

Patent filing involves legal precision, technical knowledge, and strategic planning. With Shekhawat Law, you're supported by experienced professionals who ensure:

• ✅ Patentability Analysis – Check if your invention qualifies for protection.
  
  

• ✅ Accurate Drafting – Ensure claims and specifications are clear, complete, and defensible.
  
  

• ✅ Office Action Responses – Professionally handled replies for better outcomes.
  
  

• ✅ Global Filing Support – Navigate international patent systems like PCT or Convention filings.
  
  

Conclusion

India has a well-established system to protect intellectual property. Understanding the different types of patent applications—Provisional, Complete, Convention, Patent of Addition, Divisional, and PCT National Phase—is key to securing robust protection.

Shekhawat Law offers end-to-end patent services tailored to your innovation journey, helping you safeguard your inventions locally and globally with confidence.