Patent Filing in India
India is a fast-growing market for pharmaceuticals, chemicals and technology. National phase entry under the Patents Act, 1970 leads to substantive examination, with specific exclusions for certain subject matter such as business methods and new uses of known substances.
When is your national phase deadline in India?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in India: key facts
Reinstatement of rights not permitted (Rule 49.6). Restoration of priority not accepted (Rules 49ter.1 and 49ter.2).
Reduced fees for natural persons, startups, small entities and educational institutions (small entity status claimed on Form 28).
Request based. The examination request is due 31 months from the priority date, so it is normally filed at entry.
Published in the Patent Office Journal, after which pre-grant opposition is possible.
20 years from the international filing date.
Typically 2 to 4 years. Expedited examination is available to certain applicants.
Annual fees from the 3rd year, with accumulated fees paid at grant.
No utility model protection.
Official fees for patent filing in India
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated September 25, 2026. Amounts in INR. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Form 1: application for grant, up to 30 sheets and 10 claims | INR 8,000 | E-filing; paper: 8,800. Reduced (natural person, startup, small entity, educational institution): 1,600 e-filing / 1,750 paper |
| Each additional priority claim | INR 8,000 | E-filing; paper: 8,800. Reduced: 1,600 / 1,750 |
| Each sheet beyond 30 | INR 800 | E-filing; paper: 880. Reduced: 160 / 180 |
| Each claim beyond 10 | INR 1,600 | E-filing; paper: 1,750. Reduced: 320 / 350 |
| Sequence listing, per page (Rule 9(3)) | INR 800 | E-filing only, maximum 120,000. Reduced: 160, maximum 24,000. Paper not allowed |
| Form 9: request for early publication | INR 12,500 | E-filing; paper: 13,750. Reduced: 2,500 / 2,750 |
| Form 18: request for examination (Section 11B) | INR 20,000 | E-filing; paper: 22,000. Reduced: 4,000 / 4,400 |
| Form 18: request for examination (Rule 20(4)(ii)) | INR 28,000 | E-filing; paper: 30,800. Reduced: 5,600 / 6,150 |
| Form 18A: expedited examination | INR 60,000 | Electronic only. Reduced: 8,000 |
| Balance fee to convert to expedited examination | INR 40,000 | Reduced: 4,000 |
| Form 13: amendment before grant | INR 4,000 | E-filing; paper: 4,400. Reduced: 800 / 880 |
| Form 13: amendment after grant | INR 8,000 | E-filing; paper: 8,800. Reduced: 1,600 / 1,750 |
| Form 13: change of name, address, nationality or address for service (each) | INR 1,600 | E-filing; paper: 1,750. Reduced: 320 / 350 |
| Renewal fee, years 3 to 6 (per year) | INR 4,000 | E-filing; paper: 4,400. Reduced: 800 / 880 |
| Renewal fee, years 7 to 10 (per year) | INR 12,000 | E-filing; paper: 13,200. Reduced: 2,400 / 2,650 |
| Renewal fee, years 11 to 15 (per year) | INR 24,000 | E-filing; paper: 26,400. Reduced: 4,800 / 5,300 |
| Renewal fee, years 16 to 20 (per year) | INR 40,000 | E-filing; paper: 44,000. Reduced: 8,000 / 8,800 |
| Form 4: extension of time under Sections 53(2), 142(4), Rules 13(6), 80(1A), 130 (per month) | INR 2,400 | E-filing; paper: 2,600. Reduced: 480 / 530 |
| Form 4: extension of time under Rule 24B(6) (per month) | INR 4,000 | E-filing; paper: 4,400. Reduced: 1,000 / 1,100 |
| Form 4: extension of time under Rule 24C(11) (per month) | INR 10,000 | E-filing; paper: 11,000. Reduced: 2,000 / 2,200 |
| Form 4: extension of time under Rule 12(3) or 12(4) (per month) | INR 10,000 | E-filing; paper: 11,000. Reduced: 2,000 / 2,200 |
| Form 4: extension of time under Rule 138 (per month) | INR 50,000 | E-filing; paper: 55,000. Reduced: 10,000 / 11,000 |
| Form 15: restoration of lapsed patent (Section 60) | INR 12,000 | E-filing; paper: 13,200. Reduced: 2,400 / 2,650 |
| Form 15: additional fee (Rule 86(1)) | INR 24,000 | E-filing; paper: 26,400. Reduced: 4,800 / 5,300 |
| Form 7: post-grant opposition (Section 25(2)) | INR 40,000 | E-filing only. Reduced: 8,000 |
| Form 14: opposition (Sections 57(4), 61(1), 87(2)) | INR 12,000 | E-filing; paper: 13,200. Reduced: 2,400 / 2,650 |
Fee reductions: Reduced fees for natural persons, startups, small entities and educational institutions (small entity status claimed on Form 28); electronic filing cheaper than paper; up to 90% refund of Form 18/18A fee if application withdrawn (Form 29) before first statement of objection
National phase entry requirements
Time limit
31 months from the priority date (Articles 22(3) and 39(1)(b))
Translation
Article 22: description, claims (if amended, both as filed and as amended, with any Article 19 statement), text matter of drawings, abstract. Article 39(1): description, claims, text matter of drawings, abstract; if amended, both as filed and as amended by the annexes to the IPER. Verification: simple statement that the translation is correct and complete.
Late entry and reinstatement
Reinstatement of rights not permitted (Rule 49.6). Restoration of priority not accepted (Rules 49ter.1 and 49ter.2). Controller may excuse certain delays on petition, but not for filing the national phase application
Agent and power of attorney
Not required, but an address for service in India is required; any registered patent agent may act (Form 26 or power of attorney)
Special requirements of the office
- Name, address and nationality of the inventor if not in the request (Rule 4.17 declaration may satisfy)
- Instrument of assignment if the applicant is not the inventor (Rule 4.17 declaration may satisfy)
- Document evidencing a change of applicant's name after the international filing date not reflected in Form PCT/IB/306
- Declaration of inventorship by the applicant (Rule 4.17 declaration may satisfy)
- Address for service in India
- Power of attorney if an agent is appointed
- Verification of the translation
- Sequence listing in electronic form, where applicable
Other information
- Copy of the international application required only if Form PCT/IB/308 not received and the IB has not sent a copy
- Colour drawings accepted
- Form 3 statement on corresponding foreign applications due within six months of national phase entry; no fee
- Request for examination (Form 18) within 31 months of the priority date or filing date, whichever is earlier
- Response to statement of objections within six months, extendable by three months (Form 4)
- Pre-grant opposition (Form 7A) before grant; post-grant opposition (Form 7) within one year of grant publication
- Fees payable in INR by cash, banker's cheque, electronic means or bank draft payable to the Controller of Patents
Source: WIPO PCT Applicant's Guide, national chapter, updated September 25, 2026.
What you need to file in India
| Document | When |
|---|---|
| Form 1 (application) | At entry |
| Form 2 (complete specification) | At entry |
| Form 18 examination request | At entry |
| Form 3 (foreign filing details) | Can be filed later |
| Form 5 (inventorship declaration) | Can be filed later |
| Power of attorney (Form 26) | Can be filed later |
| Proof of right to apply, if the applicant is not the inventor | Can be filed later |
A simple signed copy; no notarisation or legalisation.
Proof of right where the applicant is not the inventor. A simple signed copy, which can follow entry.
Granted once objections are resolved. No grant fee.
Filing requirements in detail
| POA formalities | Simple signed |
|---|---|
| Assignment / certificate of incorporation formalities | Not required |
From national phase entry to grant
- 1Month 31National phase entry
Forms, specification and examination request filed.
- 2Entry + 1–2 monthsPublication
Published in the Patent Office Journal.
- 3About 12–24 monthsFirst examination report (FER)
Objections on patentability and formalities.
- 46 months (+ 3)FER response
Amendments and arguments filed.
- 5If neededHearing
Hearing before the Controller.
- 6On allowanceGrant
Patent granted; no grant fee.
- 7Yearly from year 3Annuities
Paid to keep the patent in force.
Patent filing in India: questions
What is the deadline for PCT national phase entry in India?
31 months from the earliest priority date.
Can I enter the national phase in India after the deadline?
Reinstatement of rights not permitted (Rule 49.6). Restoration of priority not accepted (Rules 49ter.1 and 49ter.2). Controller may excuse certain delays on petition, but not for filing the national phase application
In which language must the application be filed in India?
English. Article 22: description, claims (if amended, both as filed and as amended, with any Article 19 statement), text matter of drawings, abstract. Article 39(1): description, claims, text matter of drawings, abstract; if amended, both as filed and as amended by the annexes to the IPER. Verification: simple statement that the translation is correct and complete.
Do I need a local patent attorney in India?
The PCT applicant or its assignee. Foreign applicants must act through a registered Indian patent agent.
Is a power of attorney needed, and must it be legalized?
A simple signed copy; no notarisation or legalisation.
Are there official fee reductions in India?
Reduced fees for natural persons, startups, small entities and educational institutions (small entity status claimed on Form 28); electronic filing cheaper than paper; up to 90% refund of Form 18/18A fee if application withdrawn (Form 29) before first statement of objection
How does examination work in India?
Request based. The examination request is due 31 months from the priority date, so it is normally filed at entry.
How long does it take to get a patent in India?
Typically 2 to 4 years. Expedited examination is available to certain applicants.
Is utility model protection available in India?
No utility model protection.
How much does patent filing in India cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
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