Start with a search, not a draft
Before spending on drafting, establish whether the invention is genuinely novel. A patentability search across Indian and international databases, plus non-patent literature, tells you whether the invention is new and where the closest prior art sits. This shapes how the claims are written and is far cheaper than discovering the problem during examination three years later.
Provisional or complete
A provisional application secures your priority date at a government fee of INR 1,600 for individuals, startups and MSMEs, and gives you twelve months to file the complete specification. File provisional when the core idea is settled but development continues. File complete directly when the invention is fully worked out and you want the examination clock running.
Publication and examination
Applications publish automatically eighteen months after the priority date, or earlier on request through Form 9. Examination must be requested within thirty-one months of the priority date using Form 18. Missing that deadline causes the application to be deemed withdrawn, and it cannot be recovered.
Responding to the FER
The Controller issues a First Examination Report raising objections on novelty, inventive step, Section 3 exclusions and formalities. All objections must be resolved within six months of the FER. A reasoned reply, sometimes with claim amendments, resolves most matters; where it does not, a hearing is listed.
Grant and annuities
Once the Controller is satisfied, the patent is granted and published. Renewal fees fall due annually from the third year and escalate over the twenty-year term. Non-payment causes the patent to lapse.
Note: this guide is general information, not legal advice for your specific matter. Rules, fees and registry practice change. Before acting, speak to us about your situation.