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The Patents Act, 1970 · The Patents Rules, 2003 (as amended)Patents — from disclosure to an enforceable grant
A patent is a techno-legal document: the science must be right, and the claims must be drafted to survive examination, opposition and litigation. SDLC handles the complete lifecycle of Indian and international patent applications.
Pre-filing: search & opinion
Before you invest in drafting and official fees, we establish where your invention stands against the prior art.
- Patentability / novelty searchGlobal prior-art search with a reasoned opinion on novelty and inventive step under Sections 2(1)(j), 2(1)(ja) — and patent-eligibility screening under Section 3.
- Freedom-to-operate (FTO) searchClearance analysis of in-force claims in your target markets before product launch.
- Invalidity / validity searchArt-based challenges or defences of granted claims for opposition and litigation support.
- Infringement analysisElement-by-element claim mapping against a suspect product or process.
- State-of-the-art / landscape studiesTechnology-domain mapping to guide R&D and white-space identification.
Drafting: where patents are won
Our specifications are drafted by a registered Patent Agent with research-scientist training — claims built for breadth that can be defended, not just filed.
- Provisional specificationSecures the earliest priority date while development continues; complete specification due within 12 months (Section 9).
- Complete specificationFull description, enabling disclosure, best method, and a layered claim set — independent and dependent claims with fallback positions.
- PCT & convention draftingSpecifications structured for smooth entry into PCT (within 31 months) and Paris Convention (within 12 months) routes.
Filing & prosecution
- Filing at the Indian Patent OfficeForm 1, Form 2 and supporting documents; proof of right; Section 8 statements for corresponding foreign applications; Form 28 for small entity / startup / educational institution status.
- Request for examinationForm 18 — and Form 18A expedited examination for eligible applicants (startups, among others).
- First Examination Report (FER) responseReasoned responses to novelty, inventive-step and Section 3 objections, with claim amendments under Section 59 where strategic.
- HearingsWritten submissions and attendance at Controller hearings through to grant or disposal.
- Opposition supportPre-grant (Section 25(1)) and post-grant (Section 25(2)) representation and evidence preparation.
Post-grant: keeping the right alive
- Renewals / annuitiesAnnual renewal fee management from the 3rd year onward — a lapsed patent is an unenforceable patent.
- Working statementsStatement of commercial working (Form 27) compliance.
- Assignments & licencesDrafting and recordal of assignments, licences and registered-user entries.
- Portfolio managementDocketing, deadline monitoring and periodic portfolio-pruning reviews across jurisdictions.
The Indian patent timeline at a glance
| Stage | Statutory reference | Indicative timeline |
|---|---|---|
| Filing | Section 7 · Forms 1 & 2 | Day 0 — priority date secured |
| Publication | Section 11A | 18 months from priority (or early publication via Form 9) |
| Request for examination | Rule 24B · Form 18 | Within 31 months from priority |
| FER response | Rule 24B(5)/(6) | 6 months from FER (extendable by 3 months) |
| Grant | Section 43 | On disposal of objections; term 20 years from filing |
Timelines are indicative and subject to the Patents Rules as amended from time to time.
Frequently asked questions
Should I file a provisional or a complete specification first?
If the invention is still evolving, a provisional secures the earliest priority date at lower cost, giving you 12 months to refine before the complete specification. If development is finished and disclosure or launch is imminent, filing the complete specification directly can be the better route. We advise case-by-case.
My startup is DPIIT-recognised. Do I get any benefit?
Yes. Recognised startups, small entities and eligible educational institutions pay substantially reduced official fees (claimed via Form 28), and startups can request expedited examination via Form 18A. SSIP-supported innovators in Gujarat may also access state-scheme assistance — an area where SDLC serves as an empanelled patent facilitator.
Can software or a mobile app be patented in India?
A computer programme per se is excluded under Section 3(k), but computer-implemented inventions demonstrating a technical effect or contribution — often in combination with hardware or a technical process — can be patentable. The drafting approach is decisive; we assess eligibility before filing.
What happens if I exhibited or published my invention before filing?
Public disclosure before filing generally destroys novelty. Limited grace exceptions exist (for example, display at notified exhibitions under Section 31), but they are narrow — the safe rule is: file first, disclose after. Talk to us before any pitch, paper or product launch.
Have an invention to protect?
Share your disclosure in confidence. We will assess patentability and map the most cost-effective filing route — including startup and small-entity fee rebates.