At a glance
| Governing law | Patents Act, 1970 and Patents Rules, 2003 (as amended in 2024) |
|---|---|
| Term | 20 years from the date of filing, subject to annual renewal fees |
| Request for examination | Within 31 months of the priority or filing date (applications filed on or after 15 March 2024) |
| Working statement | Form 27, once every three financial years |
| Fee concession | Individuals, DPIIT startups, MSMEs and educational institutions pay reduced official fees |
| Typical time to grant | 2 to 5 years on ordinary examination; faster under expedited examination |
What can be patented in India
An invention is patentable if it is new, involves an inventive step that is not obvious to a person skilled in the art, and is capable of industrial application. Products, processes, compositions, devices and many software-implemented technical solutions can qualify.
- Not patentable under Section 3: mere discoveries, abstract theories, business methods, computer programmes per se, mathematical methods, and new forms of known substances without enhanced efficacy.
- Section 4 excludes inventions relating to atomic energy.
- Computer-related inventions need a demonstrable technical effect or technical contribution beyond the code itself.
Our patent services
Patentability search
Prior art search across patent and non-patent literature with a clear opinion on novelty and inventive step before you spend on drafting.
Provisional application
Secure an early priority date while the invention is still being refined. You get 12 months to file the complete specification.
Complete specification drafting
Claims written to cover workarounds, with drawings and a description that supports every claim.
PCT and foreign filing
International applications under the PCT and national phase entry in India within 31 months of priority.
FER reply and hearings
Point-by-point technical and legal responses to examination objections, claim amendments and hearing representation.
Opposition and maintenance
Pre-grant and post-grant oppositions, renewal docketing, Form 3 and Form 27 compliance.
Patent filing process in India
Invention disclosure
We study your invention, identify the inventive concept and confirm who the inventors and applicants are.
Prior art search
A patentability search tells you whether filing is worth it and shapes how the claims are drafted.
Drafting and filing
Provisional or complete specification filed on Form 1 and Form 2, with Form 3, Form 5 and Form 26 as needed.
Publication
The application is published 18 months from priority, or about a month after an early publication request on Form 9.
Request for examination
Form 18 (or Form 18A for expedited examination) must be filed within 31 months of priority.
FER and response
The examiner issues a First Examination Report. The reply is due within 6 months, extendable by 3 months.
Hearing and grant
Any remaining objections go to a hearing before the Controller. On acceptance, the patent is granted and published.
Official patent fees (e-filing)
| Action | Individual / startup / MSME / educational institution | Large entity |
|---|---|---|
| Application filing (Form 1) | ₹1,600 | ₹8,000 |
| Request for examination (Form 18) | ₹4,000 | ₹20,000 |
| Expedited examination (Form 18A) | ₹8,000 | ₹60,000 |
| Early publication (Form 9) | ₹2,500 | ₹12,500 |
Official fees cover up to 30 pages and 10 claims; extra pages and claims cost more. Professional fees for search, drafting and prosecution are separate and depend on the complexity of the invention. Always confirm current fees on ipindia.gov.in before filing.
Frequently asked questions
How long does it take to get a patent in India?
Most applications take 2 to 5 years from filing to grant on the ordinary route. Startups, women applicants, SMEs and some other categories can request expedited examination, which can bring grant within about a year of the request.
Can I file a patent for software in India?
A computer programme per se is not patentable under Section 3(k). A software-implemented invention can be patented when it solves a technical problem and produces a technical effect, such as improving the working of a device or network. Drafting matters a great deal here.
What is a provisional patent application?
It is a shorter filing that secures your priority date while you finish developing the invention. You must file the complete specification within 12 months, or the provisional application is treated as abandoned.
What happens after the First Examination Report?
You have 6 months from the FER date to respond, extendable by 3 months on request. If objections remain after the reply, the Controller schedules a hearing before deciding on grant.
Do startups get a discount on patent fees?
Yes. DPIIT-recognised startups, MSMEs, individuals and educational institutions pay roughly one-fifth of the large-entity official fee and can also opt for expedited examination.
Is an Indian patent valid in other countries?
No. Patents are territorial. To protect the invention abroad you can file a PCT application or separate national applications, generally within 12 months of your Indian priority date.
Talk to Inovatree about patent registration
Inovatree Consultants LLP works from Delhi NCR, Mumbai and Kolkata with clients across India. Learn more about the firm on inovatree.in:
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Last reviewed 24 October 2026. This guide summarises the law in general terms. Every matter turns on its own facts, so take advice before acting.