India ranked sixth globally in patent filings in 2024, recording 64,480 applications. That represents a 15.7% increase year-on-year, highlighting a surge in domestic innovation.
You need to secure a patent before disclosing your invention to the public. Without formal protection, competitors can replicate your work, and public disclosure can destroy your chances of securing exclusive rights.
This guide walks you through the complete patent filing process in India. We cover everything from conducting your initial patentability search to the final patent grant.
What Is a Patent?
A patent is an exclusive statutory right granted by the government to an inventor for a specific invention. In exchange for full public disclosure of the invention, the government provides you with a 20-year monopoly. During this period, you have the right to exclude others from making, using, selling, or importing your patented product or process without your permission.
After the 20-year term expires, the invention enters the public domain for anyone to use.
What Can Be Patented in India?
To qualify for patent registration in India, your invention must meet three criteria under the Patents Act 1970:
Novelty: The invention must be entirely new. It cannot be published, used, or known anywhere in the world before the filing date. For example, a newly engineered chemical compound never before documented satisfies this rule.
Inventive Step (Non-Obviousness): The invention must involve a technical advancement or economic significance that is not obvious to a person skilled in that specific industry. A minor design tweak to an existing tool would not qualify.
Industrial Application: The invention must possess practical utility. It must be capable of being manufactured or used in an industry, ruling out abstract theories or impossible machines.
What Cannot Be Patented in India? (Section 3 Exclusions)
The Patents Act 1970 lists several subject matters that do not qualify as inventions under Section 3. Understanding these exclusions before filing saves time and cost.
The main exclusions include:
Section 3(d): Incremental pharmaceutical innovations. The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance is not patentable.
Section 3(k): Mathematical or business methods, computer programs per se, or algorithms. You cannot patent pure software without tying it to novel hardware interactions.
Section 3(j): Plants and animals in whole or any part thereof (other than microorganisms), including seeds and varieties.
Section 3(p): Traditional knowledge, or an invention which is in effect traditional knowledge.
Types of Patent Applications in India
You need to choose the right application format based on your invention’s development stage and your global business goals.
Provisional Application
A provisional application is a temporary filing used to secure a priority date while you finish developing the invention. It provides a 12-month window to complete your research.
You must follow it with a complete specification within those 12 months, or the application will be abandoned.
Complete Application
You can file a complete specification directly if your invention is fully finalized. This document contains the full, detailed disclosure of your invention, including the exact claims defining the scope of your legal protection.
PCT (International) Application
The Patent Cooperation Treaty (PCT) allows you to file a single international application to seek protection in over 150 countries simultaneously. This gives you up to 31 months to decide which specific national phases you want to enter.
Convention Application
If you have already filed a patent application in a convention country outside India, you can file a convention application at the Indian Patent Office. You must do this within 12 months of the earliest priority date to claim the same priority date in India.
Step-by-Step Patent Filing Process in India
Follow these numbered steps to navigate the Indian Patent Office filing process.
Step 1: Prior Art Search / Patentability Search
A prior art search is the most critical first step. It involves searching global databases like IP India, Espacenet, and Google Patents to find any existing publications or patents similar to your invention.
This confirms whether your invention is truly novel and helps you draft claims that avoid overlapping with existing technology. Skipping this step often leads to immediate rejection during the examination phase.
Step 2: Draft the Patent Application
Your application must include a title, abstract, detailed description, drawings (if applicable), and claims. The claims define the exact scope of your patent protection.
Poorly drafted claims are the single biggest reason patents get rejected or challenged later.
Step 3: File at the Indian Patent Office
You submit your application online via the IP India portal. You need to file several forms, including Form 1 (Application for Grant of Patent), Form 2 (Provisional or Complete Specification), and Form 5 (Declaration as to Inventorship).
If you are using a patent agent, you must also submit Form 26 (Power of Attorney). You will file at one of the four IPO jurisdictional offices: Chennai, Delhi, Mumbai, or Kolkata, depending on your business address.
Step 4: Publication (18 Months from Filing Date)
After you file, your patent application is kept confidential for 18 months. After this period, it is automatically published in the official Patent Office Journal.
If you want your application published sooner, you can file Form 9 to request early publication.
Step 5: Request for Examination (Form 18 or 18A)
Your patent application is not examined automatically. You must file a Request for Examination (RFE) using Form 18.
Following the 2024 Patent Rules Amendment, the deadline to file an RFE has been reduced from 48 months to 31 months from the priority date or filing date, whichever is earlier, for all new applications.
Step 6: First Examination Report (FER)
An examiner at the Indian Patent Office will review your application for novelty, inventive step, and industrial application. They will issue a First Examination Report (FER) detailing any objections or prior art conflicts.
Once you receive the FER, you have six months to file a complete response. You can request a three-month extension if necessary.
Step 7: Respond to Examination Report
Your patent agent will analyze the FER and file a detailed written response, arguing against the objections or amending the claims to overcome them.
If the examiner is not fully satisfied with the written response, they will schedule a hearing. You and your agent must attend this hearing to resolve the remaining issues.
Step 8: Grant of Patent
If the examiner determines that your application meets all the requirements of the Patents Act 1970, your patent is granted. The Indian Patent Office will issue a patent certificate, and the grant will be published in the Patent Office Journal.
Patent Filing Fees in India (2026)
Official filing fees at the Indian Patent Office depend on the legal status of the applicant. Government fees for e-filing are as follows:
Applicant Type | Application Fee (e-filing) |
Natural Person / Startup / Small Entity | ₹1,600 |
Other entities (companies etc.) | ₹8,000 |
These are the official government fees for filing the initial application. Professional attorney fees for conducting prior art searches, drafting the specification, and managing office actions are additional.
How Long Does Patent Registration Take in India?
Generally, securing a patent grant in India takes two to four years. The timeline depends on the backlog at the specific patent office branch and the complexity of the examiner’s objections.
You can speed up this process by filing Form 18A for expedited examination, provided you meet certain criteria (such as being a recognized startup or female applicant). For deeper insights, explore our guide on Patents for Startups in India.
Patent Rules Amendment 2024 - Key Changes
The Indian government updated the legal framework to streamline the patenting system. You need to be aware of these three major changes:
Reduced RFE Deadline: The deadline to file a Request for Examination has been shortened from 48 months to 31 months for new applications.
Streamlined Procedural Compliance: The amendments simplified the submission of Form 3 (Statement and Undertaking regarding foreign applications). You have more flexibility in updating the patent office about international filings.
Alignment with International Best Practices: The updated rules refine the timelines for filing divisional applications and requesting extensions, reducing bureaucratic delays.
Patent Validity & Annual Renewal (Annuity Fees)
A granted patent is valid for 20 years from the original filing date (or priority date). However, this 20-year term is not automatic.
To keep your patent alive, you must pay annual renewal fees (also known as annuity fees) starting from the third year of the patent. If you fail to pay the renewal fee within the prescribed time, your patent will lapse, and the invention will fall into the public domain.
Protect Your Innovation with Altacit Global
Filing a patent requires balancing complex technical data with strict legal procedures. A single misstep can compromise your exclusive rights entirely.
At Altacit Global, our patent team features experienced lawyers and technical experts spanning engineering, pharmaceuticals, and IT backgrounds. Whether you need a patentability search, precise claims drafting, or representation at the Indian Patent Office, we guide you from concept to grant.
Contact Altacit Global’s today to secure your intellectual property before it’s too late. You can also explore our Intellectual Property Services to see how Altacit Global can help you safeguard your future.
Frequently Asked Questions - Patent Filing India
Q1: Can I file a patent myself in India without a patent agent?
Yes, the law allows inventors to file patent applications directly. However, drafting patent claims requires specialized technical and legal knowledge. Mistakes in drafting or missing procedural deadlines often lead to permanent rejection.
Q2: Does filing a patent in India protect me internationally?
No. Patent rights are territorial. An Indian patent only protects your invention within India’s borders. To get international protection, you must file separate applications in each target country, often utilizing the PCT system.
Q3: What is the difference between provisional and complete patent application?
A provisional application is a rough draft filed to secure an early priority date while you develop the invention. A complete specification is the final, comprehensive legal document containing exact claims that define your monopoly.
Q4: Can I sell or license my patent in India?
Yes. A patent is an intangible asset. You can sell it outright (assign) to another company or license it for a specific period in exchange for upfront fees and ongoing royalties.
Q5: What happens if someone copies my patented invention in India?
If a competitor makes, uses, or sells your patented invention without authorization, it constitutes patent infringement. You have the right to file a civil lawsuit in a district court or High Court to seek injunctions and claim financial damages.
Q6: Can a startup get a fee reduction for patent filing in India?
Yes. The Indian government provides fee concessions to promote innovation. Recognized startups, small entities, and educational institutions pay an 80% reduced official filing fee compared to large corporations.
