Patent Registration in India
A patent gives you the sole right to make, use and sell your invention in India for 20 years from the filing date. We check novelty, get the specification drafted, file Form 1 and Form 2 with the Indian Patent Office, and file the examination request in Form 18 well before the 31-month deadline.
What it is
A patent is a legal monopoly over an invention. For 20 years from the date of filing, nobody else can make, use, sell or import your patented product or process in India without your permission. In return, you publish exactly how the invention works.
Patents are granted under the Patents Act, 1970 and the Patents Rules, 2003 by the Controller General of Patents, Designs and Trade Marks. Applications are filed online on the IP India portal. To qualify, the invention must be new, involve an inventive step that is not obvious to a skilled person, and be capable of industrial application. Section 3 lists things that cannot be patented, such as a mathematical method, a business method or a computer programme by itself.
Who it applies to
Manufacturers and engineers
Think of a Faridabad auto-parts unit that finds a way to cut machining time on a component. A process like that, worked out on the shop floor, can be patentable.
Startups and tech teams
Hardware, medical devices, agritech and deep-tech products, and software that produces a technical effect beyond the code itself.
Students and researchers
Individual inventors, colleges and research labs. Natural persons and educational institutions pay the lowest government fee.
Why it matters
Stop copies for 20 years
Once granted, you can sue anyone who makes or sells your invention in India and ask the court for an injunction and damages.
Earn from licensing
A patent is an asset you can license or sell for a royalty.
Raise money on firmer ground
Investors look for protected technology. A filed application with a clear priority date is something real to show them.
Provisional or complete specification?
You can start with either a provisional or a complete specification, both filed on Form 2. The choice depends on how ready your invention is.
| Point | Provisional specification | Complete specification |
|---|---|---|
| When to use | Idea works but is still being refined | Invention is finished and tested |
| Claims | Not required | Required; they define what is protected |
| Priority date | Secured from the filing date | Secured from the filing date |
| Next step | Complete specification within 12 months, or the application is treated as abandoned | Publication and request for examination |
| Examination | Not examined on its own | Examined after Form 18 is filed |
In practice, a provisional suits the founder who has a pitch with investors next month and a prototype that still needs work. It fixes the date; the full drafting can follow. Our separate provisional patent filing service explains that route in more detail.
Documents required
Patent Office forms
- Form 1: application for grant
- Form 2: provisional or complete specification
- Form 3: statement on foreign applications
- Form 5: declaration as to inventorship
- Form 26: power of attorney for the patent agent
About the invention
- Written description of how it works
- Drawings or flow charts
- What problem it solves and what existed before
- Test results or prototype photos, if any
About the applicant
- Name, address and nationality of each inventor and applicant
- Form 28 with proof for startup or small entity fees
- Assignment from the inventors if a company applies
- Priority document, if claiming a foreign filing
How it works
Search for prior art
We run a patent search on InPASS, Espacenet and Google Patents to check whether the idea is already known. This tells you whether to file and how to frame the claims.
Draft the specification
A registered patent agent drafts the specification and claims with you. The claims decide what you can enforce later. Spend your effort here.
File Form 1 and Form 2
We file online with the supporting forms and fee. The application number and filing date are issued on submission, and that date becomes your priority date.
Request examination in Form 18
Here is the catch: no application is examined unless you ask. Form 18 must be filed within 31 months from the priority or filing date, whichever is earlier. Startups and small entities can choose expedited examination in Form 18A.
Reply to the examination report
The examiner issues a First Examination Report with objections. We reply with arguments and amended claims and attend the hearing if one is fixed.
Get the grant and keep it alive
Once the objections are cleared, the Controller grants the patent and it is published in the Patent Office Journal. Renewal fees are then paid every year to keep it in force.
Timelines
Complete after provisional
Within 12 months of the provisional filing date, under Section 9(1).
Publication
The application is published 18 months from the priority date under Section 11A, or earlier if you file Form 9.
Request for examination
Form 18 within 31 months from the priority or filing date, whichever is earlier (Rule 24B, as amended in March 2024).
What happens if you miss a deadline
Provisional lapses
No complete specification in 12 months means the application is treated as abandoned and you lose the priority date.
No examination request
If Form 18 is not filed within 31 months, the application is treated as withdrawn and the priority date goes with it.
Public disclosure first
If you publish, sell or demonstrate the invention before filing, it may no longer be new. That disclosure can be used against your own application.
Frequently asked questions
What is the government fee for filing a patent in India?
The Form 1 fee on e-filing is ₹1,600 for a natural person, startup or educational institution, ₹4,000 for a small entity and ₹8,000 for others. This covers up to 30 pages and 10 claims. Extra pages and claims cost more, and paper filing is about 10% dearer. The examination request in Form 18 is a separate fee. We tell you the exact total for your category before filing.
What does the examination request in Form 18 cost?
Form 18 costs ₹4,000 for a natural person, startup or educational institution, ₹10,000 for a small entity and ₹20,000 for others on e-filing. Expedited examination in Form 18A costs ₹8,000 for startups and ₹60,000 for large entities. The request must be filed within 31 months from the priority or filing date. We diarise it on day one so the deadline is never at risk.
Should I file a provisional or a complete specification?
File a provisional specification if the invention is still being developed and you need an early date. File a complete one if the invention is finished. A provisional fixes your priority date but must be followed by a complete specification within 12 months, or the application is abandoned. Many startups use the provisional to buy a year of development time safely.
Who counts as a startup or small entity for lower fees?
A startup is an entity recognised by DPIIT under the Startup India scheme. A small entity is an enterprise within the micro, small or medium limits under the MSMED Act, 2006, shown by its Udyam registration. You claim the status by filing Form 28 with proof. The startup rate is the same as an individual’s, ₹1,600 for Form 1, so recognition is worth getting first.
How long does it take to get a patent granted?
It depends mainly on when you request examination and how the objections are handled. Publication happens at 18 months unless you ask for early publication in Form 9. Expedited examination under Form 18A, open to startups and small entities among others, is much faster than the normal queue. We keep the file moving by replying to every report well within time.
How long does a patent last?
A patent lasts 20 years from the date of filing the application, under Section 53 of the Patents Act, 1970. Protection is enforceable only after grant, but the 20 years run from filing. You must pay renewal fees every year from the third year onward. If a renewal is missed, the patent lapses, though the law allows a restoration application within a limited time.
Can software be patented in India?
A computer programme by itself cannot be patented, because Section 3(k) excludes it. Software that solves a technical problem with a technical effect, for example in hardware control or signal processing, can be patented when claimed properly. The drafting decides the outcome. Code can also be protected by copyright registration, so most software businesses use both.
Can I show my invention before filing?
Avoid it. A college team that posts its project video on YouTube before filing may have just destroyed its own novelty. Section 31 gives narrow grace for some disclosures, such as a display at a government-notified exhibition, if you file within 12 months. A provisional application costs ₹1,600 for an individual or startup and secures the date first. Once it is filed, you can show the product.
Can someone oppose my patent?
Yes. Under Section 25(1), any person can file a pre-grant opposition after the application is published. After grant, an interested person can file a post-grant opposition within one year of the grant being published, under Section 25(2). Good claims backed by a sound prior-art search make opposition far less likely to succeed, and we reply to any opposition on your behalf.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
| Government fee (e-filing) | Natural person / startup / educational institution | Small entity | Others |
|---|---|---|---|
| Form 1 (up to 30 pages, 10 claims) | ₹1,600 | ₹4,000 | ₹8,000 |
| Each page beyond 30 | ₹160 | ₹400 | ₹800 |
| Each claim beyond 10 | ₹320 | ₹800 | ₹1,600 |
| Form 18 (examination) | ₹4,000 | ₹10,000 | ₹20,000 |
| Form 18A (expedited) | ₹8,000 | ₹25,000 | ₹60,000 |
Startups can get DPIIT recognition through Startup India, and MSMEs can prove small-entity status with Udyam registration.
Ready to begin?
Tell us what your invention does. We will run the search, tell you honestly where you stand and file.