How to File a Patent Application in India: Process, Types, Fees and Timeline

Filing a patent in India is governed by the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2005, and the Patents Rules, 2003. The Controller General of Patents, Designs and Trademarks, operating under the Department for Promotion of Industry and Internal Trade (DPIIT), administers patent registration. India follows a first-to-file system, making timely filing critical. This guide covers the complete process from application to grant.

What Can Be Patented in India

Under Section 2(1)(j) of the Patents Act, 1970, an invention means a new product or process involving an inventive step and capable of industrial application. The invention must satisfy three criteria: novelty (not disclosed in any prior art), inventive step (not obvious to a person skilled in the art), and industrial applicability. Section 3 of the Act lists what is not patentable, including mathematical methods, business methods, computer programs per se, and methods of agriculture or horticulture. Section 4 excludes inventions relating to atomic energy under the Atomic Energy Act, 1962. For related intellectual property guidance, see our article on how to register a trademark in India online.

Types of Patent Applications

There are five types of patent applications in India. An Ordinary Application is filed without claiming priority from any other application. A Convention Application claims priority from an application filed in a convention country within 12 months. A PCT National Phase Application enters the national phase in India through the Patent Cooperation Treaty route, within 31 months from the priority date. A Patent of Addition is filed for an improvement or modification of an already patented invention. A Divisional Application is filed when the original application covers more than one invention, as directed by the Controller.

Step-by-Step Filing Process

Step 1: Conduct a patent search. Before filing, search the Indian Patent Office database (ipindiaonline.gov.in) and international databases (WIPO PATENTSCOPE, Google Patents) to check if similar inventions exist. Step 2: Prepare the patent specification. This includes the title, field of invention, background, summary, detailed description, claims, and abstract. The specification can be filed as a provisional specification (to secure a filing date) or a complete specification. If a provisional specification is filed, the complete specification must follow within 12 months. Step 3: File the application online through the Indian Patent Office e-filing portal. Use Form 1 (application form), Form 2 (specification), Form 3 (statement and undertaking regarding foreign applications), and Form 5 (declaration of inventorship). Step 4: Pay the prescribed fees. For natural persons and startups, the filing fee for an ordinary application is Rs 1,600; for small entities Rs 4,000; for others Rs 8,000.

Examination and Grant Timeline

After filing, the applicant must request examination (RFE) within 48 months from the priority date or filing date, whichever is earlier, by filing Form 18. An expedited examination can be requested by startups, small entities, and women applicants under Rule 24C. Once examination is requested, the Controller issues a First Examination Report (FER). The applicant must respond to the FER and comply with all requirements within 6 months from the date of the FER. If all objections are resolved, the patent is granted and published in the Patent Journal. The patent term is 20 years from the date of filing. Annual renewal fees must be paid to maintain the patent. For related IP compliance, see our guide on how to file a copyright application in India.

Related Reading

For trademark protection alongside patents, see How to Register a Trademark in India Online: Process, Documents, Fees and Timeline.

For protecting creative works alongside inventions, see How to File a Copyright Application in India: Online Process, Fees and Documents Required.

Key Takeaways

Patents in India are governed by the Patents Act, 1970 and last 20 years from the filing date. Filing fees start at Rs 1,600 for natural persons and startups. A request for examination must be made within 48 months of filing. The complete process from filing to grant typically takes 2 to 5 years. Provisional specifications allow securing a priority date before the complete specification is ready.