GB Legal Associates
Patent filing with IP India since 2008

Patent Registration in India

Patents Act, 1970 · Patents Rules, 2003 · Filed with the Indian Patent Office

Reviewed by
Registered Patent Agent
Last updated
  • Patentability first. Prior-art search and a frank view on novelty and inventive step.
  • Claims drafted for examination. Written with Section 3 and the likely objections in mind.
  • Every deadline diarised. 12-month complete, 31-month examination request, FER reply and renewals.
  • India first, then abroad. Foreign filing permission, Convention and PCT routes planned from day one.

Speak to a patent agent

Describe the field and the problem your invention solves. Keep full technical detail for the call.

Confidential. Reply within one working day. Never shared.

  • Vashi, Navi MumbaiOur office, Sector 30A
  • Since 2008Filing with IP India
  • Drafting to grantSpecification, FER reply and hearing
  • Filing abroadConvention and PCT routes from India

Patent registration in India at a glance

Law
Office
Forms
Term
Key deadlines
Typical timeline
PATENT121410Fig. 1GRANTEDPRIORITY DATE20-YEAR TERM

What can be patented in India?

An invention can be patented in India if it is a new product or process that involves an inventive step and is capable of industrial application (Section 2(1)(j) of the Patents Act, 1970). All three tests must be met, and they are judged at the priority date.

  • New. Not published anywhere in the world, or used in India, before the priority date. Your own public disclosure counts against you, subject to narrow exceptions.
  • Inventive step. A technical advance over existing knowledge, or economic significance, or both, that is not obvious to a person skilled in the field (Section 2(1)(ja)).
  • Industrial application. It can be made or used in an industry.

A patent protects the invention as defined in the claims, not the idea behind it. That is why the specification and especially the claims decide what you can stop others doing. Ideas, business concepts and results without a way of achieving them are not patentable.

What is not patentable in India under Section 3?

What is not patentable in India under Section 3?
SectionNot an inventionExample
3(b)
3(c)
3(d)
3(e)
3(i)
3(j)
3(k)
3(m)
3(p)

What is the government fee to file a patent in India?

What is the government fee to file a patent in India?
Government fee, e-filingNatural person, startup, small entity or educational institutionAll other applicants
Application for grant of a patent (provisional or complete)Form 1up to 30 pages and 10 claims₹1,600₹8,000
Request for examinationForm 18per application₹4,000₹20,000
Request for expedited examination (eligible applicants only)Form 18Aper application, e-filing only₹8,000₹60,000

What is the patent filing process in India?

  1. Before filing

    Patentability search

  2. Before filing

    Decide the route and check foreign filing permission

  3. Day 1

    File Form 1 and Form 2

  4. Within 12 months

    Complete specification and filings abroad

  5. 18 months from priority

    Publication

  6. Within 31 months of priority

    Request for examination

  7. When examined

    First Examination Report (FER)

  8. If objections remain

    Hearing

  9. After objections are met

    Grant

  10. From the third year

    Renewal and working statements

What documents are needed for a patent application in India?

Forms we prepare

Information from you

Which patent filing route fits your invention?

Which patent filing route fits your invention?
RouteWhen it fitsKey deadline
Provisional, then complete
Complete specification directly
Convention application into India
PCT national phase in India
Patent of addition

How long does patent registration take in India?

How long does patent registration take in India?
StageTimingBasis
Priority date
Complete specification after a provisional
Publication
Request for examination
First Examination Report reply
Grant
Patent term

Do you need permission to file a patent abroad from India?

Yes, if you are resident in India and want to file abroad first. Section 39 of the Patents Act prohibits a resident of India from applying for a patent outside India without a written permit from the Controller, unless an application for the same invention was filed in India at least six weeks earlier and no secrecy direction was issued. The permit is requested on Form 25.

Breaching Section 39 has serious consequences: the Indian application is treated as abandoned and a patent granted on it can be revoked, and the applicant can face a penalty. Most Indian applicants therefore file in India first and then use the 12-month priority period to file abroad, either directly in each country or through a single PCT application that keeps more than 150 countries open until the national phase.

What benefits do startups and small entities get?

Two practical ones. First, the reduced fee tier: natural persons, DPIIT-recognised startups, small entities and educational institutions pay about a fifth of the fee charged to other applicants for filing, examination and most other steps. Status is declared on Form 28 with proof.

Second, faster examination. Startups and small entities are among the applicants who may request expedited examination on Form 18A, filed online, which brings the first examination report forward considerably. Other eligible groups include women applicants who are natural persons, government departments and institutions, and applicants who chose the Indian Patent Office as their PCT search or examination authority.

Which Patent Office handles your application?

Which Patent Office handles your application?
Patent OfficeStates and union territories
Mumbai
Delhi
Chennai
Kolkata (head office)

Patent services from search to grant

Patent registration FAQs

Can I patent an idea in India?
Can software be patented in India?
Should I show my invention to investors or customers before filing?
How long is a patent valid in India?
What is the difference between a provisional and a complete specification?
Who owns an invention made by an employee?
Does an Indian patent protect my invention abroad?
Can anyone oppose my patent?

Patent filing by city

Patent Office

Mumbai branch

Covers Maharashtra, Gujarat and Madhya Pradesh and more

Official sources

  1. 1.Patents Rules, 2003, as amended (IP India)
  2. 2.Patents: forms and official fees (IP India)
  3. 3.Patents Rules, First Schedule (IP India)
  4. 4.Manual of Patent Office Practice and Procedure (IP India)
  5. 5.Guidelines for search and examination of patent applications (IP India)
  6. 6.Patent Cooperation Treaty (WIPO)
Guides

Further reading

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