Thinking of filing a patent in India? That’s a great step toward protecting your innovation. But before you jump into the paperwork, here’s a heads-up: a small mistake can lead to rejection or loss of your rights. And sadly, it happens more often than you’d think.
In 2023 alone, over 20,000 patent applications in India were rejected or objected to due to basic filing errors. That’s a big number, right?
In this blog, we’ll cover the 5 most common mistakes people make while filing a patent in India, and how you can avoid them—especially if you’re a startup, inventor, or entrepreneur. We'll also show you how a patent attorney in India or a registered intellectual property lawyer in India can be your biggest support.
1. Not Conducting a Prior Art Search
Let’s say you’ve invented something cool and want to patent it. But how do you know that someone else hasn’t already patented the same thing?
That’s where a prior art search comes in. It means checking if your invention (or something very similar) already exists in the public domain.
Many first-time inventors skip this part, thinking their idea is 100% original. But here’s the problem—if your invention is already published or patented anywhere in the world, the Indian Patent Office will reject your application on the grounds of lack of novelty.
🔍 Tip: Use tools like Google Patents, India’s Patent Search portal (ipindia.gov.in), or WIPO PATENTSCOPE.
Still, it's always better to get help from a patent attorney in India to do a detailed and technical search. They know how to look in the right places.
2. Publicly Disclosing the Invention Before Filing
Many inventors and startups get excited and start pitching their idea, posting it online, or presenting it at expos before filing a patent. Big mistake!
Why? Because once your invention is publicly disclosed—through social media, blogs, YouTube, or even in casual conversations—it loses its novelty.
India follows the “absolute novelty” standard, which means any public disclosure before the patent filing date will count against you.
😬 Imagine losing your patent rights just because you posted a demo video too early.
If you must share details, always use an NDA (Non-Disclosure Agreement). And better yet—file a provisional patent first.
3. Not Filing a Provisional Application (When Needed)
If your invention is still in progress, don’t wait to complete it fully. You can file a provisional patent application in India to lock your priority date.
This gives you 12 months to work on your final product while holding legal protection. Many inventors miss this opportunity and end up losing rights if someone else files before them.
Provisional vs Complete Specification:
Provisional Application | Complete Specification |
Filed when invention is in early stage | Filed when invention is complete |
Holds priority date | Final legal document |
Cheaper to file | More expensive and detailed |
Again, an intellectual property lawyer in India can help you draft even a basic provisional specification properly. Otherwise, you may lose legal value later.
4. Poorly Drafted Patent Specification
This is one of the top reasons for rejection.
A patent isn’t just about the idea—it’s about how well it’s written and claimed. If your application is vague, lacks clarity, or doesn’t define technical terms properly, it may not hold up during examination or in court.
The claims section (which defines the scope of your invention) is especially tricky. Too narrow, and your patent will be useless. Too broad, and it will be rejected.
📉 According to IP India data, over 40% of patent applications face examination objections due to poorly drafted specifications.
This is where a patent attorney in India truly proves their worth. They know the right language, structure, and formats to get through the patent office—and even defend it later if needed.
5. Not Hiring a Registered Patent Attorney
We know legal services can feel expensive—but think of this as an investment.
Filing a patent involves:
- Technical drafting
- Understanding legal clauses
- Responding to objections (FER)
- Managing deadlines
- Navigating examination reports
If you miss a single step or reply late, your application may be abandoned.
Hiring a professional intellectual property lawyer in India or a registered patent agent ensures:
- Strong documentation
- Timely follow-ups
- Legal protection in case of disputes
- Better chances of patent grant
Also, under schemes like SIPP (Startup Intellectual Property Protection), DPIIT-registered startups can get up to 80% fee rebates and access to government-approved patent facilitators.
Bonus Mistake: Missing Deadlines or Not Following Up
Just filing your patent is not enough—you need to follow up regularly. The Indian Patent Office may:
- Ask for clarifications (FER – First Examination Report)
- Ask you to pay examination or renewal fees
- Schedule a hearing
Many applications get rejected or abandoned simply because the inventor didn't respond in time.
✅ Always track your patent timeline or ask your legal expert to do it.
Final Thoughts
Your invention is your hard work, your creativity—and possibly your startup’s biggest asset. Filing a patent in India gives you the right to protect, license, or even sell your innovation. But one silly mistake can throw all that away.
So, here’s a quick recap of the 5 patent filing mistakes to avoid:
- Not doing a prior art search
- Publicly disclosing the idea too early
- Ignoring provisional filing
- Poor drafting of claims and specifications
- Not hiring a qualified patent attorney
Don’t treat patent filing as just a formality. Do it the right way. And if you're unsure, talk to a registered patent attorney in India or a skilled intellectual property lawyer in India today.
They'll make sure your idea stays yours, legally and commercially
