Indian Patent Office : Complete details

Mumbai, Chennai, New Delhi, and Kolkata have four offices. Among these, Kolkata is the head office of the patent in India. The Indian Patent Office is accountable for assisting the Indian law of patents, and its functions include patent management, patent term, and patent restoration, among other things.

Where is the Patent office in India?

There are four patent offices, among which Kolkata is the head office of the patent in India. The following table shows the geographical locations under the respective offices:


                      Territorial Jurisdiction


  • Madhya Pradesh, 

  • Maharashtra, 

  • Goa, Gujarat and 

  • Chhattisgarh 

  • Daman and Diu (Union Territories) 

  • Dadra and Nagar Haveli  (Union Territories) 


  • Andhra Pradesh, 

  • Karnataka, 

  • Kerala, 

  • Tamil Nadu, 

  • Telangana 

  • Pondicherry  (Union Territories) 

  • Lakshadweep  (Union Territories) 

      New Delhi

  • Haryana 

  • Himachal Pradesh

  • Punjab

  • Rajasthan

  • Uttar Pradesh, 

  • Uttarakhand, 

  • Delhi and 

  • Chandigarh  (Union Territories) 

  • Jammu and Kashmir  (Union Territories) 

  • Ladakh  (Union Territories) 

Kolkata (patent head office in India)

The rest of India

What is the necessity of establishing the Patent office in India?

The Indian Patent Office is accountable for assisting the Indian law of patents, and its functions include patent management, patent term, and patent restoration, among other things. There are four patent office in India, situated in different cities, i.e., Chennai, Delhi, Kolkata, and Mumbai. These four offices cover the geographical length and breadth of the whole country.

How to choose the right office to submit the application? 

A patent application in India must be submitted before the Patent Office has proper jurisdiction. The jurisdiction of the appropriate office is decided on one of three measures, as follows:

  • The residential location, domicile, or location of business of the applicant. In the case of a joint applicant, the first-mentioned applicant, or

  • The location from where an invention initiated, or

  • In the case of foreign applicants in India, the location for service is given by the applicant or the location of the patent agent on record.

It must remark that the jurisdiction of the patent office for administrative and prosecutorial actions about a patent is different from the jurisdiction of the courts to enforce a patent and file infringement suits. The jurisdiction for initiating an infringement suit is specified by the prerequisites laid down under Section 104 of the Indian Patents Act, 1970, and Section 20 of the Civil Procedure Code, 1908.

Following Section 20 of the Civil Procedure Code, 1908, the reason of motion arises entirely or in part or at the court within the regional limits of which the defendant lives, carry on trade, or works as an employee or agent. Individually, Patent Office findings may be appealed before the relevant High Court. The jurisdiction of the High Court is selected based on the Patent Office, where the patent application is filed.

How to initiate a patent application before a Patent Office?

Step 1 – Patentability of the invention
Before starting the patent registration process, it is necessary to know if the invention is patentable. Searching for patentability clarifies whether there is a possibility of getting a patent.

Step 2 – Drafting the patent application
The applicant can choose the kind of application they wish to file a provisional and complete patent application, depending on the invention stage. There are 12 months to finish the invention and submit a complete patent.

Step 3 – Filing the patent application
Requires to be introduced with several application forms. As per India's patent filing process, you are required to submit all of the below-mentioned conditions. Links to all forms and an application fee.

Step 4 – Publication of the patent application
After securing safely by the Indian Patent Office, the patent is published in an official patent journal after 18 months approximately.

What is the process followed by the Patent Office after the submission?

Choosing the right Patent Office requires to be evaluated at the time of applying. Nevertheless, after an application for a patent is filed, it is passed over for review to one of the four Patent Offices established on a centralized approach of assignment. This Patent Office may be different from the one where the application was filed. The applicant has no authority over which Patent Office its application will be allocated to for review. However, since basically all hearings before the Controller are virtual since the COVID 19 affected the world, the review of an application by a distinct patent office will not increase prosecution expenses.

An applicant can't request to move the application for review to another Patent Office once it is allocated. In other words, there is no extent for the applicant to desire a particular Patent Office for examination or for an application to be moved to another Patent Office after submission.

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