Understanding Patents in India
A patent is an exclusive right granted by the Government of India to an inventor for their invention. It provides protection for 20 years from the date of filing, preventing others from making, using, selling, or importing your invention without permission.
In India, patents are governed by the Patents Act, 1970, and are administered by the Indian Patent Office (IPO) under the Controller General of Patents, Designs, and Trademarks. The system follows the "first to file" principle, meaning the first person to file an application gets the priority. If you need professional assistance, our patent filing services in India provide comprehensive support from search to grant.
Key Benefit: Patents provide monopoly rights, allowing you to commercially exploit your invention and prevent competitors from copying it. This is especially crucial for startups and MSMEs looking to attract investors.
What Can Be Patented in India?
For an invention to be patentable in India, it must meet three fundamental criteria:
The invention must be new and not disclosed anywhere in the world before filing.
It must involve a technical advancement or non-obvious improvement over existing knowledge.
The invention must be capable of being made or used in an industry.
What Cannot Be Patented?
Under Section 3 and Section 4 of the Patents Act, the following are NOT patentable in India. For detailed examples and analysis, read our comprehensive guide on what can and cannot be patented in India:
- Frivolous inventions or those contrary to natural laws
- Mathematical methods, algorithms, and business methods
- Computer programs per se (though software with technical application may be patentable)
- Medical treatment methods for humans and animals
- Plants and animals in whole or part (except microorganisms)
- Inventions that are against public order or morality
- Traditional knowledge or aggregation of known properties
Step-by-Step Patent Filing Process in India
Before filing, conduct a thorough prior art search to ensure your invention is novel. Search databases include:
- Indian Patent Office database (ipindiaservices.gov.in)
- Google Patents (patents.google.com)
- Espacenet (worldwide.espacenet.com)
- USPTO, EPO, WIPO databases
Professional Tip: Hire a patent attorney for comprehensive search. A proper search saves time and money by identifying potential obstacles early.
Patent drafting is the most critical step. A patent application consists of:
- Title: Clear and concise description
- Abstract: 150-word summary
- Field of Invention: Technical domain
- Background: Existing solutions and their limitations
- Summary: Overview of your invention
- Detailed Description: Complete technical disclosure with diagrams
- Claims: Legal boundaries defining the scope of protection
- Drawings: Illustrations of the invention
*Important: Claims define your patent scope. Poorly drafted claims = weak protection. Always hire an experienced patent attorney for drafting. Check our guide on patent filing costs to understand the investment required.
File your application online through the Indian Patent Office e-filing portal:
- Register on the IPO website (ipindiaonline.gov.in)
- Choose application type: Provisional or Complete
- Upload Form 1 (Application for Patent)
- Upload Form 2 (Provisional/Complete Specification)
- Upload Form 3 (Undertaking by Applicant)
- Upload Form 5 (Declaration of Inventorship)
- Pay the prescribed government fees
- Submit and receive acknowledgment receipt
Provisional vs Complete Application: File provisional first if your invention is still under development. You get 12 months to file the complete specification. If invention is ready, file complete application directly.
Your patent application is published in the Patent Office Journal after 18 months from filing date (or priority date). You can request early publication by filing Form 9 with fees.
Why Early Publication? Accelerates the examination process and establishes your priority date publicly.
File Request for Examination (RFE) using Form 18 within 48 months from priority date. Without RFE, your application will be considered withdrawn.
Processing Time: After RFE, examination typically takes 1-2 years. Startups can opt for expedited examination (within 6 months). Learn more about patent strategies for Indian startups.
The patent examiner issues FER listing objections based on:
- Prior art citations affecting novelty
- Lack of inventive step
- Insufficient disclosure
- Non-compliance with formalities
You have 6 months to respond with amendments and arguments. This is a critical stage requiring expert legal and technical skills.
If the examiner is not satisfied with your response, a hearing is scheduled. You or your patent attorney can present arguments and evidence to overcome objections.
Upon acceptance, you receive a patent grant certificate. The patent is published in the Patent Office Journal and valid for 20 years from filing date.
Renewal Fees: Pay annual renewal fees starting from the 3rd year to keep your patent in force.
Required Documents for Patent Filing
- Form 1: Patent application form with applicant details
- Form 2: Complete specification with title, abstract, description, claims, and drawings
- Form 3: Undertaking by applicant (for communication and compliance)
- Form 5: Declaration of inventorship and right to file
- Proof of Right: Assignment deed if filing through assignee
- Priority Documents: If claiming priority from foreign application
- Sequence Listing: If biological sequences are involved
- Power of Attorney: If filing through patent agent/attorney
Patent Filing Costs in India (2025)
Patent costs vary based on applicant category. Indian Patent Office offers significant fee reductions for startups and individuals.
| Stage | Natural Person/Startup | Small Entity | Large Entity |
|---|---|---|---|
| Filing (Complete) | ₹1,600 | ₹4,000 | ₹8,000 |
| Request for Examination | ₹4,000 | ₹10,000 | ₹20,000 |
| Early Publication | ₹2,500 | ₹6,250 | ₹12,500 |
| Grant Fees | ₹2,400 | ₹6,000 | ₹12,000 |
Professional Service Costs: Patent attorney fees for drafting and prosecution range from ₹30,000 to ₹1,50,000 depending on complexity.
Total cost for a startup typically ranges from ₹35,000 to ₹2,00,000 including government and professional fees.
Read detailed breakdown: Patent Filing Cost in India for Startups →
Patent Filing Timeline in India
Average Time to Grant: 3-5 years for regular examination, 6-12 months for expedited examination (startups)
Expedited Examination for Startups
Indian startups recognized by DPIIT (Department for Promotion of Industry and Internal Trade) can avail expedited examination under the Startups Intellectual Property Protection (SIPP) scheme.
Benefits for Startups:
- 80% rebate on patent filing fees
- Expedited examination within 6-12 months
- Government facilitators to assist with filing
- Panel of attorneys for subsidized professional services
How to Apply:
- Get DPIIT recognition certificate for your startup
- File patent application with startup declaration
- File Form 18A for expedited examination
- Submit startup recognition certificate
- Examination begins within 1 month
Common Mistakes to Avoid
Public Disclosure Before Filing
Never disclose your invention publicly (publications, conferences, social media) before filing. It destroys novelty and makes it unpatentable.
DIY Patent Drafting
Poorly drafted patents = weak protection. Claims are legal documents requiring expertise. Always hire a qualified patent attorney.
Missing Deadlines
Missing RFE deadline (48 months) or FER response deadline (6 months) leads to application abandonment. Set reminders!
Inadequate Prior Art Search
Skipping search leads to rejection. Invest in comprehensive search to identify obstacles early.
Not Paying Renewal Fees
Patents require annual renewal from year 3. Missing renewals = patent lapses and becomes public domain.
Expert Tips for Successful Patent Filing
Maintain detailed invention notebooks with dates, sketches, and experiments. This helps in drafting and proving inventorship.
India follows first-to-file system. File as soon as you have a working concept. Use provisional if you need time to refine.
Draft claims as broad as possible while maintaining novelty. Narrow claims = easy to design around.
Consider PCT filing for international markets. You have 12 months from Indian filing to claim priority abroad.
Frequently Asked Questions
Yes, you can file yourself, but it's not recommended. Patent drafting requires legal and technical expertise. Poor drafting leads to weak protection or rejection. Professional fees are a worthy investment for strong protection.
Patents are valid for 20 years from the filing date. You must pay annual renewal fees from the 3rd year to maintain the patent.
Provisional application is a placeholder with basic description, no claims required. It gives you 12 months to file complete specification. Complete application includes full disclosure and claims, ready for examination.
Computer programs "per se" are not patentable. However, software with a technical application, involving hardware interaction, or producing a technical effect may be patentable. Consult a patent attorney for assessment.
Yes, patents are territorial. An Indian patent only protects in India. For international protection, file PCT application or directly in countries of interest. You can claim priority from your Indian application for 12 months.
You can send cease and desist notice, negotiate licensing, or file infringement suit in court. Patent holder has the right to seek injunction, damages, and account of profits. Consult IP attorney for enforcement strategy.
Need Help Filing Your Patent?
Our experienced patent attorneys in Bellandur, Bangalore provide end-to-end patent filing services for startups and businesses across India.
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