If you have built something genuinely new, the first thing to sort out is how to protect it legally. In India, that process starts with a patent application, and the one most inventors eventually need is what people in the industry call a "Permanent Patent." The more accurate name is a Complete Patent Application, also known as a Non-Provisional Patent Application.
At Legal Dev, we draft and file complete patent applications with the Indian Patent Office, then support clients through examination all the way to grant. We keep the advice straightforward, even when the law itself isn't.
This is worth clearing up early, because it trips a lot of people up. No patent in India lasts forever.
"Permanent Patent" is just the common name for a Complete Patent Application, meaning a full and final application with a detailed specification, claims, and drawings. It's usually filed either directly, or as a follow-up to a Provisional Patent Application, which is a temporary 12-month filing used to lock in an early priority date while the invention is still being worked out.
Once a complete application is examined and a patent is granted under the Patents Act, 1970, that patent stays valid for a fixed term: 20 years from the date of filing. Not indefinitely, and not "as long as it's commercially viable." After 20 years, the invention becomes public domain and anyone can use it. This rule is the same whether it's a product patent, a process patent, or an invention in any other field, and there's no way around it through renewal or refiling.
We explain this clearly to every client we work with, because knowing what your rights actually cover, and where they end, matters just as much for business planning as the filing itself.
A granted patent gives you exclusive rights to make, use, sell, or license your invention for the length of its term, and stops others from doing the same without your permission. Filing a complete application, rather than stopping at a provisional one, is the step that gets your invention examined and, if all goes well, granted.
Filing correctly gets you:
You can file a complete patent application for products, processes, and methods across many sectors, including pharmaceuticals, chemicals, mechanical devices, and some software-related inventions (as long as they show a technical effect and aren't just an algorithm, per Section 3(k) of the Act). To qualify, your invention generally has to pass three tests: it must be novel, meaning not already known or disclosed anywhere in the world; it must involve an inventive step that wouldn't be obvious to someone skilled in that field; and it must have industrial applicability, meaning it can actually be made or used in an industry.
Start with a prior art search to check existing patents, publications, and products, and confirm your invention is actually new. Then prepare an invention disclosure, documenting how it works with drawings where useful. From there, work with a patent attorney or agent to draft the application properly, since claim wording matters a lot more than most first-time applicants expect. The complete specification, covering claims, abstract, and description, gets filed with the Indian Patent Office along with Form 1, Form 2, and the prescribed fee.
After filing, the application is published, usually 18 months later, though you can request earlier publication. You then file Form 18 to request examination, and the IPO issues a First Examination Report. Any objections raised there need a response within the deadline given. If the Controller is satisfied that all requirements are met, the patent is granted and published in the Patent Journal. From that point, annual renewal fees keep it in force for the rest of its 20-year term.
After filing, an IPO examiner runs a prior art search and checks the application against novelty, inventive step, and industrial applicability. If the First Examination Report raises objections, which happens often, you and your patent attorney respond and amend the claims where needed. Once the Controller is satisfied, the patent gets granted and formally recorded.
Patents are territorial. A patent granted in India only protects your invention within India. If you need protection elsewhere, the Patent Cooperation Treaty (PCT) lets you file a single international application that preserves your priority date across member countries. That said, the PCT doesn't hand you a single global patent. You still have to pursue and secure a national or regional patent in each country where you want protection, and enforcement is handled separately under each country's own laws.
Prior art conflicts come up often, since similar inventions may already exist somewhere. A thorough search before filing catches most of these early. Claims that are too broad or vague tend to draw objections from examiners, so precision matters. Responding to office actions requires both technical understanding and correct legal language, and deadlines for examination requests, responses, and renewal fees need to be tracked carefully, since missing one can cost you the application.
Working with a patent professional who's handled these before cuts down the risk of delays, rejections, or losing rights over a procedural slip.
Legal Dev is a consultancy platform that helps individuals and businesses file complete patent applications in India, from drafting through IPO filing and prosecution support.
Our team includes patent professionals who handle prior art search, drafting, and IPO filing directly. We help clients respond to examination reports and objections, track application status through our platform, and stay in the loop with clear communication at every stage.
Note that Legal Dev is a private consultancy and isn't affiliated with the Government of India or the Indian Patent Office. Patents are examined and granted solely by the CGPDTM under the Patents Act, 1970.
Once your patent application is filed, you may also want to protect your brand name with Trademark Registration, or set your production standards with ISO Certification. If you're formalising your business structure around this invention, our Pvt Ltd Company Registration and MSME/Udyam Registration services can help too.
The inventor, or someone the inventor has assigned their rights to, can file the application, either alone or jointly with others.
Every patent granted in India is valid for 20 years from the date of filing, under Section 53 of the Patents Act, 1970, as long as renewal fees are paid on schedule. No patent lasts forever.
A provisional application secures an early priority date with a basic description, giving you 12 months to prepare the full technical specification. A complete application has the final, detailed specification, claims, and drawings, and it's what actually gets examined for grant.
Patents are granted by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), which functions under India's Department for Promotion of Industry and Internal Trade (DPIIT).
No. Under the Patents Act, 1970, the 20 year term can't be extended through renewal, refiling, or any other route. Once it expires, the invention becomes part of the public domain.
We help you through the complete patent application process, from prior art search to drafting, filing, and examination follow-up, without confusing legal jargon along the way.