Patent Office
Kolkata
The rest of India: 13 states and union territories
- West Bengal
- Bihar
- Jharkhand
- Odisha
- Assam
- Arunachal Pradesh
- Manipur
- Meghalaya
- Mizoram
- Nagaland
- Sikkim
- Tripura
- Andaman and Nicobar IslandsUT
Patent filing with IP India since 2008
Patent Registration in India
Patents Act, 1970 · Patents Rules, 2003 · Filed with the Indian Patent Office
A patent gives its owner the exclusive right to stop others making, using, selling or importing an invention in India for 20 years from the filing date, in exchange for disclosing it (Patents Act, 1970). You file Form 1 with a provisional or complete specification at the Indian Patent Office; the application is published after 18 months and examined only after a request on Form 18, due within 31 months of the priority date. Grant commonly takes 2 to 5 years from filing, less with expedited examination.
- 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.
- Rated 4.9 out of 5 on GoogleBusiness Profile, Vashi
- 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
- Patents Act, 1970 and Patents Rules, 2003, as amended in 2024
- Office
- Indian Patent Office: Kolkata (head office), Delhi, Mumbai and Chennai
- Forms
- Form 1 application, Form 2 specification, Form 18 or 18A examination request
- Term
- 20 years from the filing date; renewal fees from the third year
- Key deadlines
- Complete specification within 12 months of a provisional; examination request within 31 months of priority
- Typical timeline
- 2 to 5 years to grant; faster with expedited examination
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?
Section 3 lists subject matter that is not an invention, however new it is. These are the exclusions that come up most often.
| Section | Not an invention | Example |
|---|---|---|
| 3(b) | Inventions contrary to public order or morality, or seriously prejudicial to health or the environment | A device whose primary use is unlawful |
| 3(c) | Mere discovery of a scientific principle, or of a living or non-living substance occurring in nature | Identifying a naturally occurring compound |
| 3(d) | A new form of a known substance without enhanced efficacy, or a new use of a known substance | A new salt of a known drug with no better therapeutic efficacy |
| 3(e) | A mere admixture resulting only in the aggregation of the properties of its components | A blend whose ingredients do no more together than apart |
| 3(i) | Methods of medical, surgical, diagnostic or therapeutic treatment of humans or animals | A surgical technique (the instrument itself may be patentable) |
| 3(j) | Plants and animals and essentially biological processes, other than micro-organisms | A plant variety (protected under a separate law) |
| 3(k) | A mathematical or business method, a computer programme per se, or an algorithm | Software with no technical contribution beyond the program itself |
| 3(m) | A mere scheme, rule or method of playing a game or performing a mental act | A new card game’s rules |
| 3(p) | Traditional knowledge, or a duplication of known properties of traditional components | A known herbal remedy |
Inventions relating to atomic energy are also excluded (Section 4). Software-related inventions can be patentable where the claims show a technical effect or contribution, not merely the program.
What is the government fee to file a patent in India?
The Patents Rules set a reduced fee for natural persons, startups, small entities and educational institutions, roughly a fifth of the fee for other applicants.
| Government fee, e-filing | Natural person, startup, small entity or educational institution | All 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 |
Government fees from Patents Rules, 2003, First Schedule, as amended (IP India), as checked on . Statutory fees only; the firm's professional fee is quoted separately in writing.
Excess pages over 30 and claims over 10 carry additional fees, and renewal fees are payable every year from the third year. Reduced-fee status is claimed on Form 28 with proof. See all patent fees.
What is the patent filing process in India?
Start with a patentability search and, if you are resident in India and may file abroad, the foreign filing rules below. From the first filing to renewal there are eight stages; the periods marked statutory are fixed by the Patents Act and Rules, and each stage links to the provision it comes from.
Day 1: the priority date
Stage 1: File Form 1 with a provisional specification
Our partForm 1Form 2
A provisional specification on Form 2 describes the invention without claims and fixes the priority date. A complete specification can be filed straight away instead.
Section 9(1)
Official text: s. 9
Provisional patent applicationWithin 12 months of the provisionalStatutory
Stage 2: Complete specification within 12 months
Our partForm 2Form 5
The complete specification, with claims, must be filed within 12 months of the provisional, or the application is treated as abandoned. The Act allows no extension. The same 12 months is the deadline for filing abroad with priority.
Section 9(1)
Official text: s. 9
Provisional vs complete18 months from priorityStatutory
Stage 3: Publication in the Patent Office Journal
Patent Office’s partForm 9
The application is published 18 months from the priority or filing date, whichever is earlier, or within one month of a request for early publication on Form 9. Pre-grant representations can be filed from publication until grant.
- No patent is granted within six months of publication (rule 55(1A)).
Section 11A · Rule 24 · Rule 24A
Within 31 months of priorityStatutory
Stage 4: Request for examination on Form 18
Our partForm 18Form 18A
An application is examined only on request, filed within 31 months of the priority or filing date, whichever is earlier. Without it the application is treated as withdrawn. Eligible applicants may ask for expedited examination on Form 18A, with a request for early publication.
- Applications filed before 15 March 2024 keep the earlier 48-month period (rule 24B(1)(vi)).
Section 11B · Rule 24B(1)(i) · Rule 24C
Official text: s. 11B, r. 24B, r. 24C, 2024 Rules
Within 6 months of the FERStatutory
Stage 5: First Examination Report and reply
BothForm 4Form 3
The examiner’s objections arrive in the First Examination Report. The applicant has six months from the date it is issued to put the application in order for grant, or it is treated as abandoned.
- Extendable by three months on Form 4, requested before the six months run out (rule 24B(6)).
- Updated Form 3 on corresponding foreign applications: within three months of the FER (rule 12(2)).
Section 21 · Rule 24B(5) · Rule 24B(6) · Rule 12(2)
Official text: s. 21, r. 24B, r. 12, 2024 Rules
Patent FER replyIf objections remain
Stage 6: Hearing before the Controller
Both
The Controller must give the applicant a hearing before refusing, on at least ten days’ notice. The hearing may be held by video conference, and written submissions are due within 15 days of it.
- At most two adjournments, of up to 30 days each, asked for at least three days before the hearing (rule 129A).
Section 14 · Rule 28 · Rule 129A
Once objections are met
Stage 7: Grant and publication of the grant
Patent Office’s part
The patent is granted and the grant published in the Journal. The term is 20 years from the filing date of the application.
- Post-grant opposition: within one year of publication of the grant (section 25(2)).
Section 43 · Section 25(2) · Section 53(1)
Yearly from the 3rd yearStatutory
Stage 8: Renewal fees and working statements
Our partForm 4Form 27
The first renewal fee falls due at the end of the second year from the date of the patent, then one each year. A patent lapses if a fee is not paid in time.
- Up to six months more to pay, on Form 4 (rule 80(1A)).
- A lapsed patent may be restored on an application made within 18 months of lapsing (section 60).
- Statement of working on Form 27 once for every three financial years, within six months of each period ending (rule 131(2)).
Section 53 · Section 60 · Rule 80 · Rule 131(2)
Periods checked on against the Patents Act, 1970 and the Patents Rules, 2003 as amended in 2024. Periods run from the priority date unless the stage says otherwise. Examination and grant times vary by field and office; only the periods marked statutory are fixed.
What documents are needed for a patent application in India?
Forms we prepare
- Form 1, application for grant of a patent
- Form 2, provisional or complete specification, with drawings
- Form 3, statement and undertaking on foreign applications (Section 8)
- Form 5, declaration as to inventorship, with the complete specification
- Form 26, power of attorney authorising the patent agent
- Form 28, startup, small entity or educational institution status, for reduced fees
Information from you
- A technical description of the invention, with drawings, data and the best method of performing it
- Names, addresses and nationality of every inventor
- Applicant details, and proof of the right to apply if the applicant is not the inventor (for example, an assignment from the inventors)
- Priority document and translation, if claiming priority from a filing abroad
- DPIIT recognition or MSME registration, for the reduced fee
Which patent filing route fits your invention?
| Route | When it fits | Key deadline |
|---|---|---|
| Provisional, then complete | The invention works but is still being refined, or you need a priority date before a disclosure | Complete specification within 12 months (Section 9) |
| Complete specification directly | The invention is finished and the claims can be written now | Examination request within 31 months of filing |
| Convention application into India | You filed first in a Paris Convention country and want India too | Within 12 months of the first filing (Section 135) |
| PCT national phase in India | You filed an international PCT application | Within 31 months of the priority date |
| Patent of addition | An improvement or modification of your own earlier patented invention | Linked to the main patent’s term (Section 54) |
How long does patent registration take in India?
Grant commonly takes 2 to 5 years from filing. The statutory deadlines below are fixed; the time the Patent Office takes to examine varies by field and office.
| Stage | Timing | Basis |
|---|---|---|
| Priority date | Day of the first filing | Section 11 |
| Complete specification after a provisional | Within 12 months | Section 9(1) |
| Publication | 18 months from priority, or about 1 month after early publication is requested | Section 11A, Form 9 |
| Request for examination | Within 31 months of priority | Section 11B, Patents Rules as amended in 2024 |
| First Examination Report reply | 6 months from the FER, plus up to 3 months on Form 4 | Section 21, Patents Rules |
| Grant | After all objections are met | Section 43 |
| Patent term | 20 years from the filing date | Section 53 |
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?
Rule 4 of the Patents Rules, 2003 decides it: where the applicant, or the first-named applicant, resides, is domiciled or has a place of business in India, or where the invention originated; applicants with no domicile or place of business in India use their address for service in India. The Patent Office divides India differently from the Trade Marks Registry: Gujarat, for example, is with the Mumbai Patent Office but the Ahmedabad Trade Marks Registry. For applicants near us, see patent registration in Mumbai and patent filing in Navi Mumbai, where our office is.
Head office
Patent Office
Delhi
10 states and union territories
- DelhiUT
- Haryana
- Punjab
- Rajasthan
- Himachal Pradesh
- Uttar Pradesh
- Uttarakhand
- ChandigarhUT
- Jammu and KashmirUT
- LadakhUT
Boudhik Sampada Bhawan, Plot No. 32, Sector 14, Dwarka, New Delhi 110078
Patent Office
Mumbai
6 states and union territories
- Maharashtra
- Gujarat
- Madhya Pradesh
- Goa
- Chhattisgarh
- Dadra and Nagar Haveli and Daman and DiuUT
Boudhik Sampada Bhavan, near Antop Hill Post Office, S.M. Road, Antop Hill, Mumbai 400037
Patent Office
Chennai
7 states and union territories
- Tamil Nadu
- Kerala
- Karnataka
- Andhra Pradesh
- Telangana
- PuducherryUT
- LakshadweepUT
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 600032
From Rule 4, Patents Rules, 2003, checked on against IP India: Patent Office jurisdiction and Patents Rules, 2003, rule 4. The Trade Marks Registry divides India differently.
View as a table
| Office | States and union territories |
|---|---|
| Kolkata (head office) | West Bengal, Bihar, Jharkhand, Odisha, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Andaman and Nicobar Islands |
| Delhi | Delhi, Haryana, Punjab, Rajasthan, Himachal Pradesh, Uttar Pradesh, Uttarakhand, Chandigarh, Jammu and Kashmir, Ladakh |
| Mumbai | Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh, Dadra and Nagar Haveli and Daman and Diu |
| Chennai | Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana, Puducherry, Lakshadweep |
Patent services from search to grant
- Provisional patent applicationSecure a priority date while you develop
- Patentability searchPrior art and an opinion before you spend
- FER reply and hearingResponding to the first examination report
- Patent government feesPatents Rules, by applicant type
- PCT applicationOne filing, more than 150 countries
- International patentsUSA, Europe and other routes
Patent registration FAQs
Can I patent an idea in India?
No. You can patent an invention: a product or process described in enough detail that a skilled person could carry it out. An idea becomes patentable once you can describe how it works and it meets the tests of novelty, inventive step and industrial application.
Can software be patented in India?
A computer programme per se is excluded by Section 3(k). Software-related inventions can be patented where the claims show a technical effect or contribution, for example improved functioning of a device or a technical process. Drafting the claims around that contribution is what matters.
Should I show my invention to investors or customers before filing?
File first. Public disclosure before the priority date can destroy novelty in India and abroad. If you must share earlier, use a written confidentiality agreement and keep the disclosure to what is necessary.
How long is a patent valid in India?
20 years from the filing date, provided renewal fees are paid every year from the third year. A patent that lapses for non-payment can be restored within 18 months of lapsing in some cases (Section 60).
What is the difference between a provisional and a complete specification?
A provisional describes the invention and secures a priority date; it needs no claims and is never examined. A complete specification fully describes the invention, ends with claims, and is what is examined and granted. See provisional patent application.
Who owns an invention made by an employee?
It depends on the employment contract; Indian patent law has no general rule vesting employee inventions in the employer. Companies should take a written assignment from inventors and file it as proof of the right to apply.
Does an Indian patent protect my invention abroad?
No. Patents are territorial. To protect the invention elsewhere, file in each country or through the PCT within 12 months of your Indian filing, after obtaining any permission needed under Section 39.
Can anyone oppose my patent?
Yes. Any person may file a pre-grant representation after publication and before grant (Section 25(1)). After grant, an interested person may file a post-grant opposition within one year of publication of the grant (Section 25(2)).
Patent filing by city
City pages name the Patent Office branch that handles applications from that city and the industries we work with there.
Patent Office
Mumbai branch
Covers Maharashtra, Gujarat and Madhya Pradesh and more
Official sources
Guides
Further reading
- Provisional vs Complete Specification: Which Should You File First?What each specification must contain, what a provisional really protects, and the fixed 12-month deadline.
- Foreign Filing Licence: What Indian Inventors Must Know Before Filing AbroadSection 39 in plain terms: the six-week rule, Form 25 permission, the common traps and the penalties for breach.
- PCT Deadlines and Costs from India: 12, 30 and 31 Months (2026)The 12, 30 and 31-month PCT deadlines from India, the decisions at each one, and when the official fees and other costs fall.
- Which Trademark Registry Handles Your Application? A City-by-City GuideThe five Registry offices, the rule that decides yours, and a state-by-state and city-by-city table.