Learn how to register a patent in India—step-by-step guide covering patentability, prior art search, filing process, required documents, timelines, and post-filing formalities.

Why Patent Registration Matters

In India’s growing innovation ecosystem, filing a patent is not just about legal protection—it’s about creating a business asset. A granted patent can give your startup a competitive edge, attract investors, and generate licensing revenue.

Governing Law

Patent registration in India is governed by the Indian Patents Act, 1970, and administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), under the Department for Promotion of Industry and Internal Trade (DPIIT).

Step-by-Step Patent Registration Process in India

Step 1: Patentability Assessment

Before filing, assess whether your invention is eligible for patent protection. It must satisfy:

• Novelty – Not publicly known anywhere in the world

• Inventive Step – Not obvious to a person skilled in the art

• Industrial Applicability – Capable of being used in industry

Step 2: Drafting the Patent Application

You can file either:

• Provisional Specification – If invention is still under development

• Complete Specification – Full disclosure including claims

🔹 Provisional Filing Advantage:  Secures a priority date and gives 12 months to file complete specification.

🔹 Contents of a Complete Specification:

1. Title of the invention

2. Field of invention

3. Background and prior art

4. Summary of the invention

5. Detailed description

6. Claims (legal protection)

7. Abstract

8. Drawings (if any)

Forms Required:

Step 3: Filing the Application

File the application at the Indian Patent Office based on your jurisdiction:

• Mumbai, Delhi, Kolkata, or Chennai

Filing Modes:

• Physical submission

• Online via IP India portal: ipindia.gov.in

Fee Structure (Startup/Individual/Small Entity):

• Provisional: ₹1,600 – ₹4,000

• Complete Specification: ₹1,600 – ₹4,000

• Examination Request: ₹4,000 – ₹10,000

Step 4: Publication of the Application

Application is automatically published in the Patent Journal after 18 months from the priority date.

🔹 Early Publication (Optional):
You can request early publication (Form 9) to publish within 1 month.

Step 5: Request for Examination (RFE)

You must file Form 18 to request examination within 48 months from the priority date.

🔹 Types of Examination Requests:

• Form 18 – Regular examination

• Form 18A – Expedited examination (only for startups, SMEs, or applicants choosing IPO as ISA)

Step 6: Examination & First Examination Report (FER)

A Patent Examiner reviews the application and issues a First Examination Report (FER) outlining objections.

Applicant must respond within 6 months, extendable by 3 months (Form 4).

Common objections:

• Lack of novelty or inventive step

• Insufficient disclosure

• Claim clarity issues

Step 7: Hearing (If Required)

If objections aren’t resolved via written response, a hearing may be scheduled. You can appear in person or through a registered patent agent.

Step 8: Grant of Patent

If the Controller is satisfied, a patent is granted and published in the Patent Journal.

The patent certificate is issued with a unique Patent Number.

Patent protection lasts for 20 years from the filing date, subject to annual renewal fees.

Summary: Patent Registration Process at a Glance

Types of Applicants & Fee Benefits

Cost of Patent Registration in India

Conclusion:

Turn Innovation into an IP Asset. Registering a patent in India is a strategic move that goes beyond legal protection—it helps innovators and startups gain market exclusivity, build brand equity, and attract investors. However, the patent process can be highly technical, deadline-sensitive, and requires precision.

From provisional filing to grant, every step matters. A well-drafted patent can protect your R&D for 20 years; a poorly filed one can cost you your entire invention.

Whether you're protecting a software-based innovation, a mechanical device, or a biotech solution, it's important to follow a structured patent strategy from day one.

Frequently Asked Questions (FAQs)

Q1. Can I patent an idea in India?
👉 No. Only working inventions with industrial applicability can be patented.

Q2. Can I file a patent myself?
👉 Yes, but it's recommended to consult a registered patent agent for drafting and filing.

Q3. How long does the patent process take in India?
👉 On average, 2–4 years, faster if you opt for expedited examination.

Q4. Is it mandatory to file a provisional application?
👉 No. You can directly file a complete specification if your invention is ready.

Q5. When does patent protection start?
👉 From the grant date, but rights are retrospectively effective from publication.