Types of Patents in India

Different Types of Patents in India

Product Patents

A product patent protects a new and innovative product itself.

What It Covers?

• Chemical compounds
• Pharmaceutical formulations
• Mechanical devices
• Electronic systems
• Biotechnology products

If granted, the patent holder has exclusive rights to manufacture, sell, use, or import the patented product.

Example

A newly developed drug molecule or a novel electronic component can be protected under a product patent.

Importance

Product patents are particularly significant in sectors like:

• Pharmaceuticals
• Biotechnology
• Engineering
• Consumer electronics

Since India amended its patent law in 2005 to comply with international obligations, product patents are now fully recognised in all fields of technology.

Process Patents

A process patent protects a specific method or process used to produce a product or achieve a result.

What It Covers?

• Manufacturing processes
• Chemical synthesis methods
• Industrial techniques
• Software-related technical processes (if patentable)

Even if the final product is not patented, the unique process used to create it can be protected.

Example

A novel method for refining petroleum or a unique manufacturing process for eco-friendly packaging materials.

Significance

Process patents are especially valuable when:

• The product itself may not be patentable
• The innovation lies in cost efficiency
• The invention improves production quality

In some industries, process innovation is more commercially valuable than the end product.

Types of Patent Applications in India

Although Indian law broadly recognises product and process patents, it categorises applications based on filing strategy and stage. These include:

A. Provisional Application

A provisional application is filed when the invention is at a conceptual or early development stage.

Key Features

• Secures an early priority date
• Does not require complete claims
• Must be followed by a complete specification within 12 months

Benefits

• Protects against subsequent filings by competitors
• Provides time for further R&D
• Allows evaluation of commercial viability

This is commonly used by startups and individual inventors.

Complete Application

A complete application includes the full specification with detailed claims.

It may be filed:

• Directly (without provisional), or
• Within 12 months of a provisional application

Includes

• Detailed description
• Claims
• Abstract
• Drawings (if applicable)

Without filing a complete specification, no patent can be granted.

Ordinary Application

An ordinary application is filed in India without claiming priority from any earlier foreign application.

This is suitable when:

• The invention has not been filed elsewhere
• Protection is sought only in India initially

Convention Application

A convention application is filed in India claiming priority from an earlier application filed in a convention country.

Conditions

• Must be filed within 12 months of the first foreign filing
• India must have a reciprocal arrangement with the foreign country

This route allows inventors to extend protection internationally while preserving the original filing date.

PCT (Patent Cooperation Treaty) Application

India is a member of the Patent Cooperation Treaty (PCT). A PCT application allows applicants to seek patent protection in multiple countries through a single international filing.

There are two main routes:

1. International Phase

Filed under the PCT system.

2. National Phase (India)

The applicant enters the Indian national phase within 31 months from the priority date.

This route simplifies international patent strategy for global businesses.

Divisional Application

A divisional application arises when a single patent application discloses more than one invention.

The Indian Patent Office may require the applicant to divide the application to ensure “unity of invention.”

Purpose

• Separates distinct inventions
• Avoids rejection due to multiple inventive concepts

The divisional application retains the original filing date.

Patent of Addition

A patent of addition is filed for an improvement or modification of an already filed or granted patent.

Key Features

• Linked to the main patent
• No separate renewal fee if the main patent is in force
• Valid only as long as the main patent remains valid

This is useful when incremental improvements are developed after the original filing.

Computer-Related Inventions (CRIs)

While “computer programs per se” are not patentable under the Patents Act, inventions involving software may be patentable if they demonstrate:

• Technical advancement
• Technical effect
• Industrial applicability

For example:

• Embedded systems
• Hardware-software combinations
• Technical control systems

Each case is evaluated individually.

Pharmaceutical Patents

Pharmaceutical inventions are patentable in India, but subject to strict scrutiny under Section 3(d) of the Patents Act.

This provision prevents “evergreening,” meaning minor modifications of existing drugs cannot be patented unless they show enhanced therapeutic efficacy.

This ensures a balance between innovation and public interest.

Biotechnology Patents

Biotechnological inventions may be patented if they meet patentability criteria.

Examples include:

• Genetically modified organisms
• Recombinant DNA technologies
• Microbial inventions

However, naturally occurring substances without human intervention are not patentable.

Duration of Patent Protection in India

Regardless of the type of patent, the duration is:

20 years from the filing date, subject to payment of annual renewal fees.

After expiry, the invention enters the public domain.

Key Differences Between Product and Process Patents

Choosing the Right Patent Type

The choice depends on:

• Nature of the invention
• Stage of development
• Commercial objectives
• Geographic expansion plans
• R&D strategy

Startups may begin with a provisional application, while multinational corporations may prefer PCT filings for global coverage.

Common Mistakes to Avoid

• Filing incomplete specifications
• Public disclosure before filing
• Missing deadlines (e.g., 12-month provisional deadline)
• Failing to request examination
• Overlooking international filing strategy

Strategic planning is essential to maximize protection.

Conclusion

India recognises primarily two substantive forms of patents - product and process patents, while offering multiple application routes such as provisional, complete, convention, PCT, divisional, and patent of addition.

Understanding the types of patents and application strategies under the Patents Act, 1970, is critical for inventors and businesses seeking effective protection. Selecting the appropriate type not only safeguards innovation but also enhances commercial value, investor appeal, and competitive positioning.

A well-planned patent strategy aligned with business goals can transform an invention into a powerful long-term asset in India’s growing innovation ecosystem.