Patent Application Filing

A patent grants an inventor a 20-year monopoly over a new, useful and non-obvious invention under the Patents Act, 1970, in exchange for public disclosure. Filing is a technical process best done with a patent agent, and India follows a first-to-file system, so early filing is critical.

Who needs this: Any inventor or their assignee can apply. The invention must be novel, involve an inventive step, and be capable of industrial application; it must not fall in the excluded categories (e.g., mere software per se, business methods, methods of medical treatment).

Government portal: Indian Patent Office (ipindia.gov.in).

Indicative fees: ₹1,600–₹8,000 government fees (individuals/startups pay less than companies) + ₹30,000–₹80,000+ professional fees including drafting.

Timeline: 3–5 years to grant (a provisional application secures a priority date immediately).

Documents required

Detailed description of the invention with drawings
Provisional or complete specification
Form 1 (application) and Form 2 (specification)
Form 5 (declaration of inventorship)
Form 26 (power of attorney) if filed via an agent
Startup/MSME certificate for fee concession

Step-by-step process

Conduct a patentability search to confirm novelty
Draft a provisional or complete specification with claims and drawings
File the application (Form 1 + 2) with the Patent Office and secure a priority date
File a complete specification within 12 months if you filed provisional
Publish the application (automatic after 18 months, or request early publication via Form 9)
File a Request for Examination (Form 18) within 31 months of priority
Respond to the examiner's First Examination Report (FER) objections within the deadline
On compliance, the patent is granted, published and sealed for a 20-year term (subject to annual renewal fees)

Penalty for non-compliance

Making, using or selling a patented invention without licence is infringement; the patentee can seek an injunction, damages or an account of profits through the courts.

Frequently asked questions

How long does a patent take in India?

Typically 3–5 years to grant, though the priority date is secured on the filing date. Startups and small entities can request expedited examination to shorten this significantly.

Can I patent software in India?

Software 'per se' and business methods are excluded under section 3(k). Software linked to a novel hardware implementation or a technical effect may be patentable — this is a nuanced area needing expert drafting.

What is the difference between a provisional and complete specification?

A provisional application secures your priority date early while the invention is still being developed. You must file the complete specification (with final claims) within 12 months, or the application lapses.

How long does patent protection last?

20 years from the filing date, subject to payment of annual renewal (maintenance) fees. After that the invention enters the public domain.

Do startups get a fee concession?

Yes. Recognised startups, individuals and small entities pay substantially lower official fees and can request expedited examination.