Patent Filing India

India has emerged as a crucial destination for patent protection due to its rapidly expanding innovation ecosystem, so that Patent Filing India is important to make a strong pharmaceutical and biotechnology sector, increase a high-technology manufacturing base, and improve the intellectual property enforcement regime. As one of the largest economies in the world with a fast-growing technology and startup environment, India represents an essential market for inventors, multinational corporations, research institutions, and investors seeking territorial patent rights.
If you are going for (Patent Cooperation Treaty) PCT Filing and National Phase application in India, then it enables applicants to convert their international patent application into a valid and enforceable Indian patent application under the Patents Act, 1970, and the Patents Rules, 2003. Once the application enters the national phase, it is examined and prosecuted entirely under India’s domestic patent law framework.
Unlike jurisdictions that rely only on formal examination, India follows a rigorous substantive examination system. The Indian Patent Office evaluates patentability with a wide Patentability search, inventive step, and industrial applicability. Additionally, patent eligibility is assessed under Sections 3 and 4 of the Act, which exclude specific categories such as abstract ideas, business methods, algorithms, discoveries of natural substances, traditional knowledge, and certain pharmaceutical forms unless enhanced efficacy is demonstrated.
However, when a patent application is professionally drafted and strategically prosecuted, India delivers strong enforcement rights, including the ability to prevent unauthorized manufacture, use, sale, import, and commercialization of patented products or processes.
The national phase filing in India thus becomes not merely a procedural formality but a critical investment in intellectual property protection, licensing potential, valuation enhancement, and market dominance within the Indian jurisdiction.

Understand the Eligibility Criteria for Patent Filing India

Identifies who is legally eligible to enter the national phase and clarifies the role of Indian patent counsel. The following entities are legally entitled to Patent Filing in India

• The original PCT applicant
• The legal assignee of the invention
• A company or individual that has obtained rights through assignment
• A successor in title
• An authorized Indian patent agent or attorney acting on behalf of the applicant

Foreign applicants are not permitted to directly prosecute patent applications in India. Appointment of a registered Indian patent attorney is mandatory for filing, responding to examination reports, attending hearings, and managing procedural requirements.

Applicants may include:

• Individual inventors
• Companies and corporations
• Universities and research institutions
• Government departments
• Foreign entities and multinational corporations
• Startups and MSMEs

The applicant must have lawful ownership of the invention before filing, particularly if the inventors and applicants are different.

Prescribed Deadline for Patent Filing India

The statutory timeline to enter the National Phase Filing and the consequences of missing it. India allows entry into the national phase within:

31 months from the earliest priority or international filing date.

This deadline is strictly enforced. Failure to file within this period results in permanent loss of patent rights in India. Extensions are not routinely granted, and restoration is highly discretionary.
Applicants are strongly advised to initiate national phase instructions well in advance to prevent missing statutory deadlines.

Languages Used for Patent Filing in India 

Permissible filing languages highlight the importance of accurate translations. In India, the filing languages are permitted in:

• English
• Hindi

If the international application is in any other language, a verified English translation must be submitted at the time of filing. The translation must be complete and accurate.

Translation errors may result in:

• Objections during examination
• Risk of invalidation
• Scope narrowing
• Enforceability issues

English filings are standard for most applicants.

List of Documents Required for Patent Filing India

Lists the documents and forms typically required to enter and prosecute the application in India. Mandatory Documentations are:

• International Application Specification (as published by WIPO)
• Claims and Patent Drawings
• Priority Documents (if applicable)
• Applicant and Inventor information
• Declaration of Inventorship (Form 5)
• Statement regarding foreign filings (Form 3)
• Complete Specification (Form 2)
• Application Form (Form 1)
• Application of Examination Request (Form 18 / Form 18A)

Power of Attorney

Indian counsel and the formality level required for the POA. A Power of Attorney authorizing the Indian attorney is required.

• Requirement — IndiaSimple signed copy — Yes
• Notarization — Not required
• Legalization — Not required
• Apostille — Not required

Assignment (If Applicant is not Inventor)
If the applicant and inventor are different, proof of transfer is necessary.

• Requirement — India
• Simple signed copy — Yes
• Notarization — Not required
• Legalization — Not required
• Apostille — Not required

Assignment may be submitted later if unavailable at filing.

Examination

India uses a request-based examination system for Patent Filing. Patent applications do not proceed to examination automatically.

The applicant must file:

• Form 18 (Standard Examination)
• OR Form 18A (Expedited Examination)

Once examination begins, the Indian Patent Office performs a comprehensive technical and legal review to determine:

• Whether the invention is novel
• Whether it involves an inventive step
• Whether it is industrially applicable
• Whether it falls under prohibited subject matter
• Whether the disclosure is sufficient
• Whether claims are clear and supported

The Patent Examiner conducts a worldwide prior art search using domestic and international patent databases.

A First Examination Report (FER) is issued outlining objections such as:

• Lack of novelty
• Obviousness
• Non-patentable subject matter
• Insufficient disclosure
• Unity of invention defects
• Claim clarity errors

The applicant must reply within the prescribed time period. Failure to respond leads to abandonment.
If objections persist, hearings may be scheduled where the applicant presents arguments via their attorney. Successful resolution results in allowance and progression to a grant.

Indian examination is among the most rigorous globally, particularly for:

• Pharmaceutical inventions
• Biotechnology
• Chemical formulations
• Software-related inventions

Publication

When applications are made public and the legal effects of publication are considered. Applicants may request Early Publication by filing Form 9.

Once published:

• Application becomes visible to the public
• Provisional rights accrue
• Third parties may inspect the contents
• Pre-grant opposition may be filed

While the Patent Filing India is not enforceable until granted, the applicant may claim damages from infringers for acts done after publication, once the patent is granted. Publication is essential for transparency and commercial recognition.

Grant and Validity

Once all objections are overcome:

• Patent is granted
• No grant fee is charged
• Patent is enforceable in India

Validity

20 years from the international filing date

The patent confers exclusive rights to:

• Manufacture
• Use
• Sell
• License
• Import
• Commercialize

Unauthorized exploitation constitutes infringement.

Brief: Provides realistic timeframes so businesses can plan product launches and funding milestones.

Estimated Time to Grant:

Typical timeline:

• Normal procedure: 2 to 4 years
• Expedited cases: 12 to 18 months

Duration depends on:

• Examiner workload
• Response timeliness
• Complexity
• Claims scope
• Hearing requirements

Brief: Explains how and when to maintain patents in force, and the consequences of non-payment.

Annuities
Annuities are payable annually from 3rd year onward

Failure to pay annuities leads to lapse.
Delayed payment is allowed with a surcharge under statutory conditions.

Brief: Presents the government fee framework so budgeting can be done by entity type and stage.

Government Official Fees for Patent Filing in India

Filing Fee

Brief: Shows how excess pages increase official costs beyond the base filing.

Excess Pages (Beyond 30)

Brief: Shows how excess claim counts affect fee exposure and encourages smart claim strategy.

Excess Claims (Beyond 10)

Brief: Lists the official costs for a standard request for examination.

Examination Fee (Form 18)

Brief: Lists the official costs for fast-tracking eligible cases via expedited examination.

Expedited Examination (Form 18A)

Brief: Details optional early publication costs to accelerate visibility and timelines.

Early Publication (Form 9)

Brief: Confirms there is no separate grant fee payable upon allowance.

Grant Fee
✅ Nil

Brief: Provides indicative annuity bands across the patent term for budgeting and compliance.

Annuity Fees

Brief: Lists common procedural fees that may arise during prosecution and maintenance.

Other Government Fees

Brief: Confirms whether short-term/utility model protection exists in India.

Utility Model

There is no Utility Model Protection in Patent Filing in India.

Brief: Points you to the competent authority for forms, rules, and journals (shown as plain text for your site style).

Official Patent Office of India

Indian Patent Office Official Website: Click here

Brief: Articulates the value of partnering with AnalystIP for diligent compliance, cost control, speed, and enforcement readiness.