HOW TO FILE A PATENT FOR AI-BASED INVENTIONS IN INDIA

INTRODUCTION

Globally, artificial intelligence is one of the fastest-changing sectors, increasing productivity and opening up previously unheard possibilities in fields like manufacturing, healthcare, finance, and education. Such innovation necessitates the use of intellectual property rights, especially patents, to safeguard these technological developments. Given the nature of AI ideas and the existing constraints of Indian patent law, AI patents in India represent a developing field within the legal system with particular difficulties.

This article will cover the following topics: How to file a patent in India, Patent application process in India, Patent filing for AI inventions in India, AI patent law in India, and Documents required for patent filing in India.

PATENT FILING FOR AI INVENTIONS IN INDIA

India has not made any particular regulations for reviewing and regulating AI-related inventions, unlike other significant jurisdictions such as the US, Japan, and Europe. These inventions are assessed using the 2017 Computer-Related Inventions Guidelines (CRI guidelines).  In other words, inventions, including artificial intelligence, are evaluated using the subject matter exclusions listed in Section 3(k) of the Indian Patents Act, 1970 (henceforth referred to as “the Act”).

ELIGIBILITY CRITERIA FOR PATENTABILITY OF AI INVENTIONS

Like any other innovation, an AI-related invention must meet the fundamental legal requirements of novelty, inventive step, and industrial applicability to qualify for patent protection. There is no clear description of what an innovation is in the Indian Patents Act. Rather, it provides a partial list of AI-related “non-inventions” under Section 3:

• Section 3(k): “An algorithm, a business or mathematical approach, or a computer program in general” is not patentable; and
• Section 3(m): “A simple plan, guideline, or technique for carrying out mental tasks or for playing a game” is not patentable.

There is a comprehensive guideline for computer-related inventions known as the CRI Guideline, which states that an invention cannot be permitted to fall under Section 3(k) of the Act unless its contribution is entirely found in the computer program itself, an algorithm, a business method, or a mathematical method. The main focus of determining patentability should be on the invention’s fundamental ideas rather than its specific form. The patent should not be rejected if the claim, when considered in its entirety, does not fall within any of the prohibited categories.

PATENT APPLICATION PROCESS IN INDIA

Securing a patent involves a few critical steps. Here’s a simplified walk-through tailored for first-time entrepreneurs.

• Step 1: Document Your Invention – Start by writing down every detail of your invention, what problem it solves, how it works, and what makes it different. Include sketches, diagrams, system architecture, and any prototypes. This initial write-up is called an invention disclosure and forms the backbone of your patent application.
• Step 2: Sign a Non-Disclosure Agreement (NDA) – Before you speak to a patent agent or share your idea with anyone, make sure to sign an NDA. This legally binds the other party to keep your invention confidential.
  Most reputable patent firms offer this at no cost, and it’s a good practice to protect your innovation in its early stages. TMWala can assist you in drafting NDAs and ensuring your discussions are legally protected from the start.
• Step 3: Conduct a Patentability (Novelty) Search – This optional but highly recommended step that helps determine if your idea is truly novel. A patentability search compares your invention with existing patents worldwide to see if anything identical or similar already exists.
• Step 4: Draft the Patent Application – This is one of the most important and technical steps. Patent drafting is not just about describing your invention; it’s about claiming the broadest possible protection while ensuring legal strength. Drafting is best done by an experienced patent attorney. A poorly drafted application can lead to rejection or weak protection, which competitors can easily bypass.
• Step 5: File the Patent Application – Once your application is ready, it is submitted to the Indian Patent Office. From this moment, your invention gets a “patent pending” status. You can now mention this on your website, packaging, or pitch decks.
• Step 6: Publication – Your application is automatically published 18 months after the filing date. However, if you want to fast-track the process, you can request early publication, and your application may be published within a month.
• Step 7: Request for Examination – After publication, you must file a Request for Examination (RFE). Only then does the patent office begin reviewing your application.
• Step 8: Respond to Objections (If Any) – Most applications receive objections, often related to novelty or clarity. Your patent attorney will work with you to respond, argue the uniqueness of your invention, and modify the application if needed.
  Sometimes, this step also involves hearings or detailed written communication with the patent office.
  TMWala provides end-to-end assistance during this examination phase, including drafting technical responses and preparing for hearings.
• Step 9: Patent Grant – Once all objections are cleared and your invention is found to meet all criteria, the patent is granted and published in the official Patent Journal. You now officially own the rights to your invention.

PATENT FILING COST IN INDIA

The cost of patent filing in India depends on several factors, such as applicant type (individual, startup, or company), complexity of the invention, and legal assistance.

• Government fees: range from ₹1,600 to ₹20,000 depending on applicant type and stage.
• Professional fees: range from ₹8,000 to ₹60,000 or more, depending on the complexity of the case.
• Total patent filing cost in India: ranges from ₹25,000 – ₹100,000 or more.
• Filing online is convenient but costs 10% more in official fees.

DOCUMENTS REQUIRED FOR PATENT FILING IN INDIA

A complete and accurate set of documents must be submitted when filing a patent in India. The following are the mandatory documents:

• Form 1: Application for Grant of Patent – This is the main document that starts the process of applying for a patent.  It contains statements and information regarding the invention and the applicant.
• Form 2: The invention’s technical specifications are contained in the provisional or complete specification. You can submit a complete specification, which is a comprehensive description that includes drawings and claims, or a provisional specification, which is a preliminary document.
  A full specification must be submitted within a year after filing a tentative specification.
• Form 3: Statement and Undertaking Under Section 8 – This form ensures openness on the patent’s status worldwide by providing details about any related patent applications filed in other nations.
• Form 5: Declaration as to Inventorship – By verifying their contributions, this form is utilized to identify the actual inventors of the invention.
• Form 26: Power of Attorney – This form gives the patent agent the power to handle the patent application on your behalf if you are submitting through them.
• Drawings: Drawings that demonstrate the invention, if relevant, may be required; these should be submitted in duplicate.
• Abstract: a succinct description of the innovation that is usually found in the full specification.
• Information & Undertaking: This contains information on any overseas patent applications about the subject at hand.

CONCLUSION

India’s legal system is starting to adjust, albeit slowly, to the fast-expanding field of artificial intelligence. Even though AI-specific ideas are not specifically covered by current patent rules, a well-written and strategically presented application can nonetheless obtain patent protection under current frameworks. To successfully navigate the process, entrepreneurs and startups should be aware of the technical and legal aspects of their invention and seek advice from knowledgeable patent experts. In addition to providing legal protection, filing for a patent is a calculated step toward funding, commercialization, and scaling your invention.

TMWala helps innovators at every stage, from conducting novelty searches to responding to examination objections, making the patent journey simpler and more effective.