Patent Registration in India
A patent gives you twenty years of exclusive rights over an invention. The difference between a patent that protects your product and one that competitors design around is almost entirely in how the claims are drafted.
- Prior-art search before you commit to filing
- Specification and claims drafted by technical experts
- Provisional filing to secure your priority date fast
- Full prosecution through examination to grant
- Government fee from
- ₹1,600
- Our fee from
- ₹12,999
- Typical timeline
- 3–5 years total
What a patent protects, and what it does not
A patent is granted for an invention that is new, involves an inventive step, and is capable of industrial application. It gives the patentee the exclusive right to prevent others from making, using, selling or importing the invention in India for twenty years from the filing date.
The three tests matter. Novelty means the invention has not been disclosed anywhere in the world before your priority date — including in your own conference talk, pitch deck or product launch. Inventive step means it is not obvious to a skilled person in that field. Industrial application means it can actually be made or used.
Section 3 of the Patents Act excludes a long list of subject matter: mere discoveries, mathematical or business methods, computer programmes 'per se', algorithms, traditional knowledge, methods of agriculture, and methods of treatment. Software inventions in India must therefore be framed around a technical effect or a hardware interaction rather than the algorithm alone — this is where most software patent applications succeed or fail.
Because novelty is destroyed by public disclosure, sequencing matters enormously. File before you publish, demo, exhibit or pitch publicly. A provisional application is the cheap, fast way to secure a priority date while the invention is still being developed.
What patent registration gives you
The practical advantages, not the marketing version.
Twenty years of exclusivity
The right to stop others making, using, selling or importing your invention in India for two decades from filing.
A licensable revenue stream
Patents can be licensed, cross-licensed or assigned — often generating more value than the product itself.
Investor and valuation impact
A granted or pending patent is a hard asset in a funding round and a standard diligence checkpoint for deep-tech investors.
Defensive protection
Your own patent is a shield against competitors asserting theirs, and prevents your invention being patented against you.
Government incentives
DPIIT-recognised startups receive an 80% rebate on patent fees and access to expedited examination.
Market entry barrier
A well-drafted claim set makes it genuinely difficult for competitors to design around your core technology.
The process, step by step
Every stage, with realistic timelines — including the ones that depend on the registry rather than on us.
- 15–10 days
Patentability search
We search Indian and international patent databases plus non-patent literature to assess novelty and inventive step, and give you a written opinion before you spend on drafting.
- 22–4 weeks
Drafting the specification
A technical writer and patent professional draft the complete specification — background, summary, detailed description, drawings and the claim set that defines your monopoly.
- 3Same day
Filing (Form 1)
Application filed with the Indian Patent Office, provisional or complete. Your priority date is secured on the filing date and you may mark the product 'patent pending'.
- 418 months
Publication
The application is published in the Official Journal 18 months after the priority date. Form 9 requests early publication if you want to accelerate.
- 5Within 31 months
Request for examination (Form 18)
Examination must be requested within 31 months of the priority date. Without it the application is deemed withdrawn — this is the deadline applicants most often miss.
- 66 months to reply
First Examination Report and reply
The Controller issues an FER raising objections on novelty, inventive step, Section 3 exclusions and formalities. All objections must be resolved within six months of the FER.
- 73–5 years total
Grant
Once the Controller is satisfied, the patent is granted and published. Renewal fees then fall due annually from the third year.
What to expect, and when
| Stage | Duration | Notes |
|---|---|---|
| Provisional filing | Day 0 | Priority date secured; 'patent pending' status begins. |
| Complete specification | Within 12 months | Must be filed or the provisional lapses. |
| Publication | 18 months | Automatic, or earlier via Form 9. |
| Request for examination | Within 31 months | Form 18. Missing this deems the application withdrawn. |
| First Examination Report | 12–36 months after RFE | Objections raised by the Controller. |
| Reply and hearing | 6 months from FER | All objections must be resolved in this window. |
| Grant | 3–5 years total | Patent granted and published; annuities begin from year three. |
What you need to provide
Have these ready and the filing moves quickly. We tell you if anything is missing before we start.
Invention disclosure
- Detailed written description of the invention and how it works
- Drawings, diagrams, flowcharts or circuit diagrams
- The technical problem solved and the advantage over existing solutions
- Working examples, test data or prototype results
- Any prior art you already know about
Applicant and inventor
- Names, addresses and nationality of all inventors
- Applicant details — individual, company or institution
- Form 1 application for grant of patent
- Form 5 declaration as to inventorship
- Form 26 Power of Attorney
For reduced fees and priority claims
- Udyam / MSME certificate or DPIIT startup recognition (Form 28)
- Assignment deed if the applicant is not the inventor
- Priority documents for any earlier foreign filing
- Form 3 statement regarding foreign applications
Official Indian Patent Office fees (e-filing)
These are statutory fees payable to the government, separate from our professional fee. We never mark them up.
| Fee type | Amount | Notes |
|---|---|---|
| Filing — individual, startup, MSME or educational institution | ₹1,600 | Form 1, provisional or complete specification. |
| Filing — company or other applicants | ₹8,000 | Form 1. |
| Request for examination — individual, startup, MSME | ₹4,000 | Form 18. |
| Request for examination — company or others | ₹20,000 | Form 18. |
| Expedited examination — individual, startup, MSME | ₹8,000 | Form 18A, e-filing only. |
| Expedited examination — company or others | ₹60,000 | Form 18A. |
| Excess pages beyond 30 — individual, startup, MSME | ₹160 | Per page. |
| Excess claims beyond 10 — individual, startup, MSME | ₹320 | Per claim. |
| Excess pages / claims — company or others | ₹800 / ₹1,600 | Per page / per claim. |
Physical filing costs roughly 10% more on every fee, and some options such as expedited examination are only available electronically. DPIIT-recognised startups and MSMEs must file Form 28 with proof to claim the reduced rates.
Transparent professional fees
Fixed fees, quoted upfront. Government fees are charged at cost and shown separately on every invoice.
Patentability Search
Find out whether filing is worth it before you spend on drafting.
- Search across Indian and international patent databases
- Non-patent literature review
- Novelty and inventive-step assessment
- Section 3 exclusion analysis
- Written patentability opinion
Provisional Filing
Secure your priority date fast while development continues.
- Invention disclosure session with a technical expert
- Provisional specification drafted
- Drawings prepared to Patent Office standards
- Form 1, 2, 3 and 5 filed
- 'Patent pending' status from filing day
- 12-month roadmap to complete specification
Complete Patent
Full drafting and prosecution through to grant.
- Patentability search included
- Complete specification with full claim set
- Professional patent drawings
- Filing and publication management
- Request for examination filed
- First Examination Report reply drafted
- Controller hearing representation
- Prosecution managed through to grant
Questions we get asked
If your question is not here, send it over — we answer directly rather than routing you to a form.
How long does it take to get a patent in India?
Should I file a provisional or a complete specification?
Can I patent software in India?
What happens if I disclose my invention before filing?
Is an Indian patent valid abroad?
What is the difference between a patent and a design registration?
Do I need to pay anything after the patent is granted?
Still unsure? Book a free consultation and we will tell you honestly whether this is the right service for you.
Ready to start your patent registration?
Talk to an IP professional first. No obligation, no sales script — just a clear view of where you stand and what it will cost.