Patent · 6 min read
Patent Registration in India: Provisional vs Complete & Timeline (2026)
By the India Law Simplified editorial team · Verified against primary government sources (bare Acts & official portals) · Last updated 2026-05-06
A patent gives an inventor exclusive rights for 20 years. In India, filing is done with the Patent Office (IP India). You can start with a provisional application to lock in a priority date, then file the complete specification within 12 months.
1Provisional vs complete application
A provisional application secures your priority date with a basic description while your invention is still being developed — but you must file the complete specification within 12 months or the application lapses. A complete specification contains the full description and the claims that define the legal scope of protection.
2Step-by-step
- Do a patent search (IP India database and global sources) to check novelty.
- File the application with the specification (provisional or complete) on the IP India portal.
- File a Request for Examination — examination does not start automatically; it must be requested within the prescribed period.
- Respond to the examination report (objections) within the allowed time.
- On acceptance and after any opposition period, the patent is granted and published.
3Timeline, term & cost
Grant commonly takes a few years depending on objections. A patent lasts 20 years from the filing date, subject to annual renewal (maintenance) fees. Official fees are lower for individuals, startups and small entities than for large companies — verify the current fee schedule on ipindia.gov.in. A patent agent is optional but helpful for drafting strong claims.
Frequently asked questions
How long does a patent last in India?
20 years from the date of filing, provided you pay the annual renewal fees to keep it in force.
Is examination automatic?
No. You must file a Request for Examination within the prescribed time, or the application is treated as withdrawn.
Should I file provisional first?
If your invention is still evolving, a provisional application secures your priority date and gives you 12 months to file the complete specification.
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India Law Simplified is an AI-assisted research & drafting tool, not a substitute for a licensed advocate or CA. Verify all figures and steps with a professional before acting. Statutory limits and fees change with each Finance Act / notification.