Complete Patent Filing Guide for Indian Startups 2025
Strategic patent filing guide for Indian startups and founders. Learn SIPP benefits, cost optimization, provisional patents, investor requirements, and expert advice from professional patent attorneys in Bangalore.
Why Startups Need Patents
Protect innovation from competitors
Increase valuation & funding prospects
Establish tech leadership & credibility
Startup-Specific Patent Strategy
- • File Provisional Patent (₹1,600 govt fee only)
- • Establishes priority date with minimal cost
- • Buys 12 months to refine invention & raise funds
- • No examination required yet
- • Ensure your invention meets patentability criteria
- • Convert provisional to Complete Patent Application
- • Apply under SIPP scheme (80% fee reduction)
- • Draft comprehensive claims covering all embodiments
- • Consider PCT filing for international protection
- • File continuation applications for new features
- • International patent portfolio (US, EU, China)
- • Request expedited examination for faster grant
- • Build patent portfolio (5-10 patents)
SIPP Scheme: 80% Cost Reduction for Startups
DPIIT-recognized startups get 80% rebate on patent filing fees and facilitator support.
Eligibility Criteria:
- ✓ DPIIT-recognized startup
- ✓ Incorporated ≤ 10 years ago
- ✓ Annual turnover ≤ ₹100 Cr (any FY)
- ✓ Working on innovation/technology
Benefits:
- ✓ 80% rebate on patent fees
- ✓ Free patent facilitator services
- ✓ Fast-track examination
- ✓ Covers filing to grant stage
Cost Comparison:
| Fee Type | Regular | SIPP (80% off) |
|---|---|---|
| Filing Fee | ₹8,000 | ₹1,600 |
| Examination Fee | ₹20,000 | ₹4,000 |
| Total Govt Fees | ₹28,000 | ₹5,600 |
- 1. Register on Startup India portal (startupindia.gov.in)
- 2. Get DPIIT recognition certificate
- 3. While filing patent, select "Startup" applicant category
- 4. Upload DPIIT certificate with application
- 5. Get facilitator assigned (optional but recommended)
*SIPP benefits apply automatically once DPIIT certificate is verified by patent office.
Provisional Patent: Perfect for Early-Stage Startups
A provisional patent is a temporary 12-month filing that establishes your priority date without requiring a complete patent specification. Learn the complete process in our step-by-step patent filing guide.
Advantages for Startups
- ✓ Extremely low cost (₹1,600 for startups)
- ✓ Establishes priority date immediately
- ✓ 12 months to refine invention
- ✓ Can use "Patent Pending" status
- ✓ Allows pivoting without losing priority
- ✓ Easier to draft (less formal)
*Important Limitations
- ✗ Valid only 12 months
- ✗ Not examined or published
- ✗ Must file complete within 12 months
- ✗ Cannot add new matter later
- ✗ Abandoned if not converted
- ✗ No patent grant possible
Core technology ready but features still evolving
Need protection before pitching to investors
Need to file quickly before public disclosure or conference
Can't afford complete filing yet (₹40K-80K for drafting)
Complete Cost Breakdown for Startups
For a complete breakdown of all fees and charges, see our detailed guide on patent filing costs in India for startups.
| Stage | Description | Cost |
|---|---|---|
| Provisional Filing | Govt fee (SIPP) + Basic drafting | ₹10K - ₹20K |
| Complete Filing | Govt fee (₹1,600) + Professional drafting | ₹40K - ₹80K |
| Examination Request | Govt fee (₹4,000) + Attorney fee | ₹20K - ₹30K |
| FER Response | Responding to objections | ₹30K - ₹60K |
| Grant & Publication | Final govt fees | ₹5K - ₹10K |
| Total (Filing to Grant) | Complete patent process | ₹1.0L - ₹2.0L |
*Without SIPP: Total cost would be ₹2.5L - ₹4.0L. SIPP saves 50-60% overall.
- •Annual Maintenance: ₹800 - ₹8,000/year (increases over time)
- •PCT Filing: ₹1.5L - ₹2.5L for international protection
- •National Phase (per country): ₹2L - ₹4L per jurisdiction
- •Expedited Examination: ₹8,000 govt fee + attorney charges
Patent Timeline for Startups
Day 0: Provisional Filing
File provisional patent (₹1,600). Priority date established.
Cost: ₹10K-20K totalMonth 6-12: Complete Application
Convert to complete specification before 12 months expires.
Cost: ₹40K-80KMonth 12-48: Request Examination
File examination request (must be within 48 months of filing).
Cost: ₹20K-30KMonth 24-36: FER Received
Receive First Examination Report (FER) with objections.
6 months to respondMonth 36-60: Patent Grant
Patent granted and published in official gazette.
20-year protection beginsFast-Track Option: With expedited examination, startups can get patent grant in 12-18 months instead of 3-5 years. Available under SIPP.
Patents and Investor Due Diligence
Seed/Angel Stage:
- At least 1 provisional patent filed
- "Patent Pending" status for core tech
- Clear IP ownership (founder agreements)
- No third-party IP conflicts
Series A+ Stage:
- 2-5 complete patent applications filed
- At least 1 patent granted
- International filings (PCT/national phase)
- Freedom to operate analysis done
Impact on Valuation: Startups with granted patents can see 15-40% higher valuations compared to those without IP protection, especially in deep-tech and pharma sectors.
Common Mistakes Startups Make
Mistake: Presenting at conferences, publishing papers, or launching product before patent filing.
Solution: File provisional patent BEFORE any public disclosure. Even your own disclosure destroys novelty in India.
Mistake: Forgetting to convert provisional to complete within 12 months.
Solution: Set calendar reminders at 6 months and 11 months. File complete at least 2 weeks before deadline.
Mistake: No written agreement with co-founders/developers about IP ownership.
Solution: Sign IP assignment agreements with all co-founders, developers, and contractors BEFORE they contribute to invention.
Mistake: Writing patent application without professional help to save money.
Solution: Hire experienced patent attorney. Poor drafting = weak/rejected patent. Consult patent attorneys in Bangalore for professional drafting.
Mistake: Only filing in India when planning to expand globally or raise from foreign VCs.
Solution: File PCT within 12 months of Indian filing to keep international options open. Decide specific countries later.
Frequently Asked Questions
File provisional patent first (₹1,600 + basic drafting). This protects your idea while you build. Investors want to see both product AND IP protection. Don't wait until product is perfect.
Yes, but it's harder for deep-tech/hardware startups. At minimum, have "Patent Pending" status (provisional filed). For software/service startups, patents are less critical than traction.
Typically 2-4 weeks. Apply on Startup India portal with incorporation certificate, pitch deck, and innovation description. SIPP benefits apply retroactively once approved.
If proper IP assignment agreement is signed, company owns it. Without agreement, co-founder may claim ownership. Always sign IP assignment at incorporation.
Yes, if your improvement is non-obvious and provides technical advantage. Many startup patents are incremental improvements. Ensure freedom to operate for base technology.
For core technology, hire experienced patent attorney. For simpler mechanical inventions, online services may work. Bad drafting costs more in the long run (rejected/weak patent). Patent attorneys in Bangalore with startup experience provide best ROI.
Patent Strategy Consultation for Startups
Our patent attorneys in Bellandur, Bangalore specialize in helping startups navigate SIPP, provisional filing, and cost-effective patent strategies.