Looking for expert help with Patent registration in India? The team at Tax Garden, based in Kondapur, Hyderabad, helps Indian SMEs stay compliant. End-to-end filings, notices, and deadline tracking, all in one place.
Key Takeaways
- A patent protects an invention: a new product or process with an inventive step that is capable of industrial application (Section 2(1)(j), Patents Act, 1970).
- It lasts 20 years from the filing date (Section 53), but only if you pay renewal fees every year from the third year.
- The minimum official fee for an individual, startup or small entity filing online is Rs 5,600 (Form 1 Rs 1,600 + Form 18 Rs 4,000). For others it is Rs 28,000.
- File a provisional application to lock in your date, then the complete specification within 12 months (Section 9(1)).
- Request examination in Form 18 within 31 months of the priority date. This was 48 months before the Patents (Amendment) Rules, 2024.
How do you register a patent in India? Search existing patents, then file Form 1 with a provisional or complete specification (Form 2) on the IP India e-filing portal. Within 31 months of the priority date, request examination in Form 18. Reply to the First Examination Report within six months, attend a hearing if one is fixed, and the Controller grants the patent once all objections are met. Pay renewal fees yearly from the third year.
You have built something new: a device, a chemical process, a machine part, a better way to make a product. A patent gives you the legal right to stop others from making, using or selling that invention in India for up to 20 years. Without one, a competitor can copy it as soon as it is public.
This guide covers who can apply, what can and can't be patented, the types of applications, the forms, every step from search to grant, official fees and the timeline. All rules and fees come from the Patents Act, 1970 and the Patents Rules, 2003 as amended in 2024, published by IP India. Patents are one of four main IP rights; our trademark vs copyright vs patent guide explains how they differ.
What is a patent?
A patent is a right granted by the Indian Patent Office (under the Controller General of Patents, Designs and Trade Marks) for an invention. In exchange, you publish full details of how the invention works, so others can use it once the patent ends.
To qualify, your invention must pass three tests under Section 2(1) of the Patents Act, 1970:
| Test | What it means | Quick check |
|---|---|---|
| Novelty | Not published or used anywhere in the world before your priority date | Has anyone disclosed the same thing, in a paper, product, or patent? |
| Inventive step | A technical advance or economic significance that is not obvious to a skilled person in the field (Section 2(1)(ja)) | Would an expert in your field think of it easily? |
| Industrial application | Can be made or used in an industry (Section 2(1)(ac)) | Can it be manufactured or put to practical use? |
Keep it secret until you file. If you show the invention at a trade fair, post it online or pitch it publicly before filing, you may destroy its novelty.
Who can apply for a patent in India?
Under Section 6 of the Patents Act, 1970, an application can be made by:
- The true and first inventor, alone or jointly with others
- The assignee of the inventor, such as a company the inventor works for or sold the rights to
- The legal representative of a deceased inventor
Applicants can be individuals, startups, companies, LLPs, universities, research institutions or foreign applicants. A company can file as assignee, but the inventors must still be named, in Form 5.
What can and cannot be patented?
Most new machines, devices, chemical compounds, formulations, manufacturing processes and engineering improvements can be patented if they pass the three tests. Section 3 of the Act lists what is not an invention, even if new:
| Not patentable | Section | Example |
|---|---|---|
| Frivolous inventions or ones against natural laws | 3(a) | A perpetual motion machine |
| Inventions harmful to public order, health or the environment | 3(b) | A device made only to harm people |
| Mere discovery of a scientific principle or something found in nature | 3(c) | Discovering a new plant species |
| New form or new use of a known substance without better efficacy | 3(d) | A new salt of a known drug with the same effect |
| Mere mixture with only additive properties | 3(e) | Mixing two known painkillers that each work as before |
| Rearrangement of known devices working independently | 3(f) | A torch fixed to an umbrella |
| Methods of agriculture or horticulture | 3(h) | A new way of sowing seeds |
| Medical, surgical or diagnostic treatment methods | 3(i) | A new surgical procedure (the instrument may be patentable) |
| Plants, animals, seeds and biological processes for breeding | 3(j) | A new crop variety |
| Mathematical or business methods, computer programmes per se, algorithms | 3(k) | A trading strategy or a pure app |
| Literary, artistic and aesthetic works | 3(l) | A song or a painting (protected by copyright) |
| Mental acts, rules of a game | 3(m) | A new board game rule |
| Presentation of information | 3(n) | A new chart layout |
| Topography of integrated circuits | 3(o) | Chip layout designs |
| Traditional knowledge | 3(p) | Turmeric for wound healing |
Inventions about atomic energy can't be patented either (Section 4).
Software and startups: an app or code on its own isn't patentable. But a product or process that uses software to produce a real technical effect, like controlling a machine, can be. Brand names and logos are not patents at all; protect them through trademark registration.
Types of patent applications
| Type | When to use it |
|---|---|
| Provisional application | Your invention is still being developed. It secures your filing date. File the complete specification within 12 months (Section 9(1)) |
| Complete (ordinary) application | Your invention is fully developed and you are filing in India first, with full description and claims |
| Convention application | You filed in a Paris Convention country first and want the same priority date in India. File within 12 months of the first filing |
| PCT national phase application | You filed an international PCT application and are now entering India |
| Divisional application | Your application covers more than one invention, so you split it (Section 16) |
| Patent of addition | An improvement on an invention you have already applied for or patented (Section 54). Its filing fee is 50% lower |
Patent forms you will need
| Form | Purpose |
|---|---|
| Form 1 | Application for grant of patent |
| Form 2 | Provisional or complete specification |
| Form 3 | Statement and undertaking on foreign filings of the same invention (Section 8) |
| Form 5 | Declaration as to inventorship |
| Form 9 | Request for early publication |
| Form 18 | Request for examination |
| Form 18A | Request for expedited examination |
| Form 25 | Permission to file a patent outside India (Section 39) |
| Form 26 | Authorisation of a patent agent |
| Form 28 | Claim for startup, small entity or educational institution status (for lower fees) |
Form 3 deadline: you must keep the Patent Office informed of corresponding foreign applications. After the 2024 amendment, the updated Form 3 is due within three months of the First Examination Report (Rule 12(2)).
Documents required for patent registration
- Specification (Form 2): title, field, background, detailed description, drawings and, for a complete specification, the claims and an abstract
- Drawings or diagrams of the invention, where relevant
- Details of every applicant and inventor: name, address and nationality
- Proof of right to apply (assignment deed) if the applicant is not the inventor, such as a company filing for its employee
- Form 28 with proof if you claim lower fees: DPIIT startup recognition for startups, or your Udyam registration for a small entity
- Priority document for convention applications
- Form 26 if a patent agent files for you
How to register a patent in India: step by step
Step 1: Search existing patents
Before spending money on drafting, check whether your invention is already known. Search Indian patents free on the IP India public search, and look at international databases and research papers too. A search is not mandatory, but skipping it is the most common reason applicants spend money on an invention that fails the novelty test.
Step 2: Draft the specification
Write the provisional or complete specification in Form 2. The claims are the most important part: they define exactly what nobody else may copy. Claims that are too broad get objected to; claims that are too narrow are easy to design around. This is where a registered patent agent adds the most value.
Step 3: File the application online
File Form 1, Form 2 and supporting forms on the IP India patent e-filing portal and pay the fee. You get an application number and your filing date, which becomes the priority date. You can mark your product "patent pending" from now.
If you filed a provisional, file the complete specification within 12 months. If you plan to file abroad, check the Section 39 rules in the FAQ below.
Step 4: Publication
Your application stays confidential for 18 months from the filing or priority date, whichever is earlier, and is then published in the Patent Office Journal (Rule 24). To publish sooner, file Form 9, and the application is ordinarily published within one month. Publication matters because your rights to claim damages start from the publication date, though you can only enforce them once the patent is granted.
Step 5: Request for examination (Form 18)
The Patent Office does not examine your application automatically. You must file Form 18 within 31 months from the priority date or filing date, whichever is earlier (Rule 24B(1), as amended in 2024). Miss this and the application is treated as withdrawn.
If you are a startup, small entity, woman applicant (where all applicants are natural persons and at least one is female), a government department or certain other categories, you can file Form 18A for expedited examination (Rule 24C). It is e-filing only.
Step 6: First Examination Report (FER) and your reply
The examiner checks novelty, inventive step, industrial application and the Section 3 exclusions, and the Controller sends you the First Examination Report listing objections. You then have six months from the FER to meet all objections and put the application in order (Rule 24B(5)). You can get three more months by filing Form 4 before the six months run out (Rule 24B(6)). If you miss it, the application is deemed abandoned (Section 21).
Your reply can amend the claims, argue against the cited prior art and explain the technical advance.
Step 7: Hearing and pre-grant opposition
If objections remain after your reply, the Controller gives you a hearing before refusing. Separately, once your application is published, anyone can file a pre-grant opposition in Form 7A (Section 25(1), Rule 55) on grounds like lack of novelty or wrongful obtaining. No patent can be granted within six months of publication (Rule 55(1A)), to leave room for such opposition.
Step 8: Grant and post-grant steps
Once all objections are cleared, the patent is granted and published in the Journal. After grant:
- Post-grant opposition: any interested person can oppose within one year of the publication of grant (Section 25(2)).
- Renewal fees: pay every year from the third year to keep the patent in force (Rule 80). Late payment is allowed for up to six months with Form 4 and an extra fee.
- Working statement (Form 27): file once every three financial years, within six months of the end of each period, starting from the financial year after grant (Rule 131(2), as amended in 2024).
- Certificate of inventorship: an inventor can ask for one in Form 8A (Rule 70A).
Patent registration fees in India
These are official fees for e-filing from the First Schedule to the Patents Rules, 2003 as substituted by the Patents (Amendment) Rules, 2024. Physical filing costs about 10% more.
| Fee item | Form | Natural person, startup, small entity or educational institution | Others (alone or with them) |
|---|---|---|---|
| Patent application (up to 30 pages, 10 claims) | 1 | Rs 1,600 | Rs 8,000 |
| Each extra page beyond 30 | 1 / 2 | Rs 160 | Rs 800 |
| Each extra claim beyond 10 | 1 / 2 | Rs 320 | Rs 1,600 |
| Complete specification after provisional (up to 30 pages, 10 claims) | 2 | Nil | Nil |
| Early publication | 9 | Rs 2,500 | Rs 12,500 |
| Request for examination | 18 | Rs 4,000 | Rs 20,000 |
| Expedited examination | 18A | Rs 8,000 | Rs 60,000 |
| Extension to reply to FER (per month) | 4 | Rs 1,000 | Rs 4,000 |
| Pre-grant opposition | 7A | Rs 4,000 | Rs 20,000 |
| Post-grant opposition | 7 | Rs 8,000 | Rs 40,000 |
| Permission to file outside India | 25 | Rs 1,600 | Rs 8,000 |
| Claiming small entity or startup status | 28 | Nil | Nil |
Annual renewal fees (e-filing):
| Year of patent | Natural person, startup, small entity or educational institution (per year) | Others (per year) |
|---|---|---|
| 3rd to 6th year | Rs 800 | Rs 4,000 |
| 7th to 10th year | Rs 2,400 | Rs 12,000 |
| 11th to 15th year | Rs 4,800 | Rs 24,000 |
| 16th to 20th year | Rs 8,000 | Rs 40,000 |
Pay online for at least four years in advance and the renewal fee is reduced by 10% (Rule 80(3)).
Example: a DPIIT-recognised startup files a 34-page complete specification with 12 claims and asks for normal examination.
| Item | Working | Fee |
|---|---|---|
| Form 1 base fee | Rs 1,600 | |
| 4 extra pages | 4 x Rs 160 | Rs 640 |
| 2 extra claims | 2 x Rs 320 | Rs 640 |
| Form 18 examination | Rs 4,000 | |
| Total official fee | Rs 6,880 |
The same filing by a large company would cost Rs 8,000 + Rs 3,200 + Rs 3,200 + Rs 20,000 = Rs 34,400. Patent agent fees for search and drafting are extra and depend on how complex the invention is.
Who counts as a small entity? A manufacturing or service enterprise within the investment limit for a medium enterprise under the MSMED Act, 2006 (Rule 2(fa)). A startup means one recognised by DPIIT under the Startup India initiative (Rule 2(fb)). Claim the status in Form 28.
Patent registration timeline
The Act fixes some deadlines and the Patent Office's workload decides the rest.
| Stage | Statutory time |
|---|---|
| Provisional to complete specification | Within 12 months of filing |
| Publication | After 18 months, or about 1 month after Form 9 |
| Request for examination (Form 18) | Within 31 months of priority or filing date |
| Earliest possible grant | Not before 6 months from publication |
| Reply to FER | 6 months, plus 3 months with Form 4 |
| Post-grant opposition | Within 1 year of grant publication |
| Patent term | 20 years from filing date |
| Renewal fees | Yearly, from the 3rd year |
Normal examination can take a few years depending on the field. Expedited examination under Rule 24C is meant to be quicker; check if you qualify.
How to check patent application status
- Go to the IP India public search.
- Search by application number, applicant name or title.
- Open the application to see its status, published documents, examination report and any opposition.
- Also watch your registered email: FERs and hearing notices go there, and the reply deadlines run from their dates.
Why patent applications get objected or refused
- Lack of novelty: the examiner finds earlier patents or papers that disclose the same invention.
- Obviousness: the invention is a simple combination of known ideas.
- Section 3 exclusions: for example a pure software, business method or a new form of a known substance without better efficacy.
- Unclear or overly broad claims: claims not supported by the description.
- Missed deadlines: no complete specification within 12 months, no Form 18 within 31 months or no FER reply within the time allowed.
- Prior public disclosure by the inventor before filing.
After the patent is granted
- Use it commercially by manufacturing, licensing or assigning it. Licences and assignments should be registered with the Patent Office.
- Pay renewals on time. A patent that lapses for non-payment can be restored only by applying under Section 60 with Form 15, which costs more and is not guaranteed.
- File Form 27 every three financial years.
- Watch for infringers and keep records of sales and licences.
If you run the invention through a company, keep the patent assigned to the company and recorded in its books. Getting the company structure right early makes later fundraising and licensing far simpler.
Sources:
- Patents Act, 1970: Sections 2, 3, 4, 6, 9, 11B, 21, 25, 39, 53, 129 and 132 (IP India)
- Patents Rules, 2003 and Patents (Amendment) Rules, 2024: Rules 2, 12, 24, 24B, 24C, 55, 70A, 80, 131 and the First Schedule (fees) (IP India)
- IP India patent forms and official fees
