As technology and innovation accelerated day by day, it is no longer a legal matter protecting your intellectual property—it is a business matter. As a startup founder, entrepreneur, researcher, or corporate R&D employee, it becomes compulsory to know about the patent filing process in India to protect your inventions. A patent gives you the monopoly rights for your invention, for which you can have the right to refuse other persons for the manufacturing, sale, use, or export of your invention without your consent. In India, it is regulated by the Indian Patents Act, 1970, under the jurisdiction of the Indian Patent Office in the office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
If you are an inventor of an invention—a product, process, machine, or computer program-based invention—you will be led through each step in patent filing in India in this article.
What is a patent, and why does it matter?
A patent is a single, government-conferred legal monopoly to an inventor for 20 years from the date of public disclosure of the invention. Patent is your strongest weapon in your arsenal to protect your intellectual capital.
Patent benefit:
- Your monopoly and rightful right of your invention
- Protection against infringement
- Money-making potential through selling or licensing
- building credibility for your company or brand name
- Concrete sense of value and investor confidence
If you have something that is to be invented and safeguarded, an Indian patent secures and safeguards it in India.
Eligibility Criteria: What is Patentable in India?
What can be patented according to Indian law needs to be determined before actually granting the patent.
It will be worth granting the patent if it qualifies under three elementary requirements:
- Novelty: It must be one never created anywhere in the world until the filing date of the application.
- Inventive Step (Non-obviousness): It must be something that is not obvious to a person skilled in work art.
- Industrial Application: It must be something that no industry or business can apply.
Outside of that, the invention must be patentable subject matter under Indian law. The following are not patentable in India:
- Abstract idea, algorithm, or mathematical process
- Business methods or business schemes on doing business, making money
- Literary, dramatic, or artistic work (these are copyrighted)
- Traditional knowledge and natural products
- Prejudicial to public policy or to human, animal, or vegetable life
Step by Step Patent Filing Process in India
Following is a step-by-step patent filing in India, from concept to grant.
Step 1: Prior Art Search
A prior art search or patentability search is strongly suggested prior to filing a patent. This exercise will uncover whether your invention is already made or published in any manner or means, anywhere or otherwise.
The following can be utilised:
- Indian Patent Advanced Search System (InInPASS)
- Google Patents
- WIPO’s PATENTSCOPE
- Espacenet
So that time and money are not lost on an invention that is non-patentable.
Step 2: Prepare the Patent Application
A patent application must include a complete and detailed explanation of the invention. Generally this is of two kinds:
- Provisional Specification: Cut short at the invention development stage. Gives early filing date (priority date).
- Complete Specification
Cut short when invention is complete. Should include:
- Title
- Abstract
- Background and objectives
- Detailed drawings if required
- Claims (coverage in law)
- Best mode for doing the invention
Preparation of the final specification, particularly the claims section, has technical and legal consequences.
The service of a registered patent agent or IP attorney is recommended.
Step 3: Filing Application
You can submit a patent application either online via the Indian Patent Office website or offline at one of the four regional offices located in Mumbai, Kolkata, Delhi, or Chennai.
The most important documents and forms to be submitted:
- Form 1: Application for grant of patent
- Form 2: Provisional/Final specification
- Form 3: Foreign filing statement
- Form 5: Inventor’s declaration
- Form 26: Power of Attorney (in case filed by a person other than the patent agent)
- Form 28: Small entities/startup
- Sketches: Whenever necessary
- Digital Signature Certificate (where filed electronically)
Step 4: Publication of Application
The patent applications will be published automatically within 18 months from the date of filing or the date of priority, whichever is earlier.
But for early publication, file Form 9; publication will be published 1 month from the request date. Early publication accelerates prosecution and enforcement.
Step 5: Request for Examination (RFE)
A request for examination is not enough—you need to file a request for examination within 48 months from the filing date or the priority date, whichever is earlier, on Form 18.
Otherwise, even the case won’t be touched by the patent office. A request for Form 18A to be filed can be made by startups and other eligible applicants to enjoy the privileges of fast-track examination.
Step 6: Patent Office Examination
Once an RFE is initiated, a patent examiner is immediately assigned to the case. The application is searched on a substance level as part of the step to evaluate:
- Divisional Application
- Publication of a Patent Application
- Publication of a Utility Model
- Publication of a Design
- Novelty (Is it new?)
- Inventive Step (Is it obvious?)
- Industrial Applicability (Is it industrially applicable?)
- Subject matter (Is it patentable?)
Errors, if any, result in the preparation of a First Examination Report (FER) by the examiner.
Step 7: FER Response
You have to respond to the FER within 6 months, at request, whereupon this may be extended for a further 3-month period. The response must deal with all objections that there have been, perhaps in the form of an amendment or clarification of claims.
Where the examiner is contented with the response, the application proceeds to grant.
On certain occasions, there is a market for further argument or explanation on points of substance.
Step 8: Patent Grant
Your patent is granted and published in the Patent Journal when all oppositions and conditions have lapsed. You are issued an official certificate of grant.
And you will then have monopoly rights to your invention yourself for 20 years from the filing date.
Extension of the Patent and Its Continuance
Patent granted to be extended on year-wise time lapses from the third year onwards. Your patent will lapse on nonpayment of extension fees.
Whereas in patent lapse due to non-payment, the same can be revived within 18 months by filing a Form 15 application along with the respective fees and reasons.
Time Taken to Obtain a Patent in India
The total time to get a patent in India would be:
- Normal procedure: 3 to 5 years
- Faster filing: 1 to 2 years (for serious players)
Early action, new papers, and expert guidance actually conserve a lot of time.
Patent Filing Fee in India
Government Fees up to 2024:
- Individual/startup: ₹1,600–₹4,000
- Small entity: ₹4,000–₹10,000
- Large entity: ₹8,000–₹20,000
Professional Fees
Employing a patent agent or using an IP attorney service would cost between ₹25,000 and ₹150,000, depending on the type of your invention and the type of service to be performed.
Indian Online Digital Patent Filing
India has an e-filing website from which inventors can e-file online patent applications and see filings. Options include:
- 24/7 Access
- Online payment
- View application status
- Upload reply FER responses
- Publish or file for examination
This digitalization has decreased the filing of patents in India, and now it is quicker and more transparent.
Conclusion
The patent filing procedure in India may seem complex, but with the right guidance and understanding, it’s an empowering process that legally secures your innovation. By protecting your invention through a patent, you’re not only preventing unauthorized use but also opening doors to commercial success, partnerships, and licensing opportunities.
If you’re one company or one inventor, that initial step of patenting could be the best thing your company ever does. There isn’t a lot of time; accuracy is what counts; and lawyers are called in—so get on it, get moving, and mark it out before the next fella can do it.
Patent Filing Process Faqs
Q1. Do I patent myself?
Ans) Yes, it is possible to do it oneself. But specification and sound claim writing should be present. It is better to be a registered patent agent with better success chances.
Q2. Provisional vs. final patent applications.
Ans) Provisional filing is for temporary filing and offers acquisition of the date of priority in keeping the invention simple. The final filing is to be filed within 12 months from the provisional and contains a detailed technical description, claims, and drawings (if so required).
Q3. Is software or an app on a cellular phone patentable in India?
Ans) Software by itself cannot be patented under Indian law. But if your software or mobile application has a technical effect or technical innovation and is not standalone but in hardware, then only it becomes patentable. To say law in such cases becomes unavoidable.
Q5. Is a patent universal?
Ans) No, patents are local. Your Indian patent would only be enforceable in India. In case you wish to prosecute overseas in India, then you would need to do something overseas there aside from doing the PCT route and make things easy for yourself.
Q6. Can I sell or license my patent?
Ans) Actually, patents are property rights and can be assigned, licensed, or sold. Licensing grants use of your invention for royalties or fees, and selling conveys title.