Ideas are everywhere. But protecting them? That’s where the real story begins.
Welcome to The Patent Room, a space where innovation meets insight. Whether you are an aspiring inventor, a founder building something extraordinary, or just someone curious about how the world of patents works, this series is designed for you. We are not here to throw legal jargon or heavy handbooks your way. Instead, we are pulling back the curtain on the patent world one story, one myth, one question at a time.
Understanding IP is not just for lawyers and corporates; it is for anyone who dares to create.
So, grab your curiosity. Take a seat. The door to The Patent Room is open. Come explore with us.
For many inventors, entrepreneurs, and R&D teams, receiving the patent grant certificate feels like crossing the finish line. Years of drafting, responding to examination reports, and navigating procedural hurdles finally led to those long-awaited words: “Patent Granted.”
But here’s the truth: most new patentees don’t fully realise a patent grant is not the end of the journey; it is the beginning of a new set of rights, responsibilities, and strategic decisions.
So, what exactly happens after your patent is granted in India? Here is a clear, structured walkthrough of the legal, commercial, and compliance obligations that follow, as per the Indian Patents Act, 1970.
Understanding the Rights You Now Have (Section 48)
Once granted, a patent confers the exclusive right to prevent others from:
- Making
- Using
- Selling
- Importing
the patented product or process without your permission. This exclusive right is the core value of your patent; it enables licensing, revenue generation, partnerships, and enforcement.
Receiving and Safeguarding the Grant Certificate
The Patent Office issues an official Patent Certificate, usually digitally. This is proof of your ownership and should be stored securely.
It is also important for:
- Enforcement actions
- Licensing negotiations
- Audits and due diligence
- Investor discussions
Post-Grant Publication of Complete Specification (Section 43)
After the grant, the patent is officially published in the Patent Office Journal. This marks the start of your 20-year term, counted from the filing date.
Maintaining Your Patent: Annual Renewals (Section 53)
A patent will lapse if you do not pay the annual renewal/maintenance fees from:
- 3rd year onwards, up to the 20th year
You may pay renewals:
- Annually, or
- In bulk (5-year blocks)
A six-month grace period is available with additional fees.
Filing the “Statement of Working” – Form 27 (Section 146, Rule 131)
Every patentee must file Form 27 once every financial year, declaring whether the patent has been:
- Worked in India, or
- Not worked
The form asks for basic details such as:
- Whether the invention is commercialised
- Approximate revenue
- Licensing details
- If not worked, reasons and future plans
This requirement links directly to India’s public-interest philosophy and compulsory licensing framework.
Updating Ownership or Licensing Details (Sections 68 and 69)
If you assign, transfer, or license your patent:
- The agreement must be in writing, and
- It must be recorded at the Patent Office through Form 16 or 17
Unrecorded assignments or licences may be considered invalid against third parties.
This step is crucial during:
- M&A transactions
- Technology transfers
- Investor due diligence
- Commercialization partnerships
Commercializing the Patent: Licensing, Tech Transfer & Monetization
Common options include:
- Exclusive or non-exclusive licensing
- Technology transfer deals
- Joint ventures
- Royalty-based agreements
- Manufacturing partnerships
A patent that remains un-worked may become vulnerable to compulsory licensing.
Monitoring for Infringement (Sections 48 & 104)
Patentees must monitor the market to ensure no one is using their technology without authorization. If infringement occurs, you may initiate:
- Injunctions
- Damages or account of profits
- Seizure orders
Indian courts often require proof of working, making Form 27 relevant here too.
Correcting Errors, Amendments & Improvements (Sections 57–59)
If any clerical errors are found or if the patentee wants to clarify the specification, amendments can be made as long as they do not broaden the claim scope.
If the invention undergoes improvement, you may file:
- A patent of addition (Section 54)
This avoids paying a separate renewal fee.
Watching for Compulsory Licensing Risks (Section 84)
A third party may apply for a compulsory licence after 3 years of grant if:
- The invention has not been worked in India
- It is not available at a reasonable price
- Public requirements are not met
Keeping an Eye on Patent Term, Revocation & Opposition
Even after a grant, a patent may face:
- Post-grant opposition (Section 25(2)) within 12 months
- Revocation petitions (Section 64)
Maintaining strong documentation and legal records is essential.
The Patent Grant Is Not the End, It Is the Beginning
A granted patent is a powerful asset, but only if managed wisely. From renewals to commercialization, from Form 27 filings to enforcement, every step ensures that your patent remains:
- Valuable
- Compliant
- Commercially active
- Legally enforceable
In India, a patent is both a right and a responsibility, a balance between innovation and public interest.
When handled strategically, the period after patent grant becomes the most rewarding phase of the innovation journey.
A patent grant is not the end of the journey because, in innovation, the end is the new beginning.