File a patent application for a new invention; a provisional application buys 12 months to file the complete spec.
Jurisdiction
All of India (governed by the Patents Act, 1970 as amended and the Patents Rules, 2003; administered by the Indian Patent Office with offices in Mumbai, Delhi, Chennai, and Kolkata)
Who applies
Inventors (individuals or groups), companies, research institutions, startups, or assignees of inventors who have made a new invention or innovation and wish to secure patent protection in India
Typical time
Provisional application: filed immediately (no examination); Complete specification: must be filed within 12 months of provisional; Total time from complete application to grant: 3–7 years under the standard track; 12–24 months under the expedited examination scheme
Fee
Provisional application — ₹1,600 (natural person / startup / small entity) or ₹8,000 (others); Complete specification (Form 2) — included with Form 1 for complete application; Request for Examination (Form 18) — ₹4,000 (natural person) or ₹20,000 (others); Expedited Examination (Form 18A) — ₹8,000 (natural person) or ₹40,000 (others); annual renewal fees payable from the 3rd year onwards
| # | Document | Type needed | Purpose |
|---|---|---|---|
| 1 | Form 1 — Application for Grant of Patent | Soft copy (PDF) | The primary application form identifying the applicant(s), inventor(s), title of the invention, and the type of application (provisional or complete); must be filed with the Indian Patent Office |
| 2 | Provisional or Complete Patent Specification (Form 2) | Soft copy (PDF) | The core technical document describing the invention: provisional specification contains a brief description of the invention and claims (if any); complete specification contains an abstract, full description, drawings (if any), and claims that define the scope of protection sought |
| 3 | Statement and Undertaking under Section 8 (Form 3) | Soft copy (PDF) | If the inventor / applicant has filed patent applications for the same invention in other countries, they must disclose all foreign applications, their status, and relevant art cited by foreign offices; must be updated within 3 months of any new development |
| 4 | Declaration as to Inventorship (Form 5) | Soft copy (PDF) | A formal declaration signed by each inventor naming themselves as the true and first inventor(s) of the invention described in the complete specification; required at the time of filing the complete specification |
| 5 | Power of Attorney in favour of Patent Agent (if filed through an agent)(optional)Required when the application is filed through a registered Patent Agent; not required when the applicant files directly | Original | If the application is filed through a registered Patent Agent, a Power of Attorney must be executed by the applicant authorising the agent to act on their behalf |
| 6 | Priority document (certified copy of earlier application)(optional)Required only for Convention applications claiming foreign priority; not required for first-time Indian filings | Original | If the Indian application claims priority from an earlier patent application filed in a Convention country under Section 133, a certified copy of the earlier application must be filed within 18 months of the priority date |
| 7 | Biological material deposit details (Budapest Treaty)(optional)Required only for patent applications involving novel biological material | Soft copy (PDF) | For inventions involving biological material (microorganisms, cell lines, etc.) that cannot be fully described in writing, the material must be deposited with an International Depositary Authority (IDA); the deposit accession number must be included in the specification |
Original documents: Carry originals only for in-person visits — do not hand them over permanently unless explicitly required.
Before filing, conduct a prior art search to assess whether the invention is novel and non-obvious. Search on: InPASS (Indian Patent Advanced Search System at ipindiaonline.gov.in), Espacenet (European Patent Office global database at worldwide.espacenet.com), Google Patents, and USPTO full-text search. Identify related patents and published applications. A thorough prior art search helps draft a strong specification and realistic claims, and avoids wasting fees on an obvious rejection. Consult a patent agent or patent attorney for a professional patentability opinion if the technology space is complex.
The patent specification is the most critical document in the application. For a provisional specification: describe the invention briefly, its field, background, and key aspects. For a complete specification: write a detailed description of the invention including all embodiments and variations; prepare drawings if the invention involves a device or process that can be illustrated; draft claims precisely defining the scope of protection (independent and dependent claims); write an abstract of 150 words or less. Claims must be clear, concise, and fully supported by the description. Poorly drafted claims are the most common reason patents are granted with narrower protection than the inventor expected — engaging a registered Patent Agent is strongly recommended.
Create an account on the IP India e-filing portal at ipindiaonline.gov.in. File Form 1 (Application for Grant of Patent) and attach Form 2 (specification — provisional or complete), Form 3 (statement under Section 8 if applicable), and Form 5 (declaration of inventorship for complete applications). Select the appropriate entity category (natural person / startup / small entity for concessional fees). Upload PDF versions of all forms and drawings. Verify all details before submitting — the filing date is the date and time of submission, which determines novelty and priority.
Pay the prescribed fee online via net banking, debit card, credit card, or RTGS/NEFT. Fee for Form 1 (provisional): ₹1,600 for natural persons/startups/small entities; ₹8,000 for others. Upon successful payment, an Application Number is generated and the filing date is stamped. Download the filing receipt — it shows the application number, filing date, and title of the invention. For e-filing, a 10% fee concession is available. Save the application number carefully as it is used for all subsequent correspondence.
If a provisional specification was filed in Step 3, the complete specification (Form 1 + Form 2 complete + Form 5) must be filed within 12 months of the provisional filing date. Failure to file the complete specification within 12 months causes the application to be abandoned — there is no extension. The complete specification must fully describe the invention and include all claims. The date of the provisional application serves as the priority date, giving the applicant 12 months to fully develop and protect the invention.
The Patent Office does not examine a patent application automatically. The applicant (or any interested person) must file a Request for Examination (Form 18) within 48 months of the priority date (date of earliest application). Without this request, the application is deemed withdrawn after 48 months. For faster examination (within approximately 12–24 months instead of the standard queue), file Form 18A (Request for Expedited Examination). Pay the examination fee: Form 18 — ₹4,000 (natural person) / ₹20,000 (others); Form 18A — ₹8,000 (natural person) / ₹40,000 (others).
After examination, the Patent Office issues a First Examination Report (FER) citing prior art and raising objections (novelty, inventive step, Section 3 exclusions, formal deficiencies in claims). The applicant must respond to the FER within 6 months of its issuance (extendable by 3 more months on request with a fee). Amend the claims and specification to overcome objections, and submit arguments. If objections remain, a hearing may be scheduled before the Controller. If all objections are overcome, the application is accepted and notified in the Patent Office Journal. If not resolved within the prescribed period, the application is deemed abandoned.
After acceptance, the patent is granted and published in the official Patent Office Journal (published every Friday on ipindiaonline.gov.in). A Patent Certificate (sealed) is issued to the applicant. The patent is valid for 20 years from the filing date of the complete specification, subject to annual renewal fees paid from the 3rd year onwards. The patentee acquires the exclusive right to make, use, sell, and import the patented invention in India.
Indian Patent Office, Office of CGPDTM, Ministry of Commerce and Industry
Step 7 — conducting examination after Form 18 is filed and issuing the First Examination Report
Examines the patent application for novelty, inventive step, industrial applicability, and compliance with the Patents Act; searches prior art databases and issues the First Examination Report (FER) with objections.
Indian Patent Office, Office of CGPDTM, Ministry of Commerce and Industry
Steps 7–8 — conducting hearings on unresolved objections, accepting or refusing the application, and granting the patent
The statutory authority under the Patents Act, 1970 who hears objections raised during examination, conducts opposition proceedings, accepts or refuses patent applications, and issues the patent grant order.
File Form 1, Form 2, Form 3, Form 5, Form 18/18A, respond to examination reports, upload amended claims, and track application status.
Search for granted Indian patents and published applications for prior art research before filing.
Access the weekly Patent Office Journal containing accepted applications (pre-grant), granted patents, and post-grant opposition notices.
Any public disclosure of the invention — a conference presentation, a research paper, a social media post, a demo to potential investors, or sale of the product — before the filing date destroys the novelty of the invention under most jurisdictions including India. Once novelty is lost, the invention cannot be patented anywhere. File the provisional application before any public disclosure.
The Patent Office will not examine the application on its own initiative. If you do not file Form 18 within 48 months of the filing date, the application is automatically deemed withdrawn and the invention enters the public domain. Set a calendar reminder well before the 48-month deadline.
Annual renewal fees must be paid from the 3rd year of the application date onwards. Missing a renewal fee causes the patent to lapse. A 6-month grace period exists for delayed renewal with a surcharge. Lapsed patents can be restored under Section 60, but restoration is uncertain and expensive. Set reminders for each annual fee.
Claims that are broader than what is disclosed in the description, or claims that are not fully enabled (i.e., a person skilled in the art cannot reproduce the invention from the description alone), will be rejected during examination. Overly broad or unsupported claims are the most common reason for rejection and grant delays. Invest time in drafting a complete, enabling description.
Any person may file a pre-grant opposition after the application is published (Section 25(1)) and before the patent is granted. After grant, any person may file a post-grant opposition within 12 months (Section 25(2)). Both types of opposition can challenge the patent on grounds of lack of novelty, obviousness, or non-patentability. Monitor the Patent Office Journal for competing applications in your technology space.
India's Section 3 exclusions (particularly Section 3(d) on incremental pharmaceutical inventions and Section 3(k) on computer programs per se) are stricter than those of the US, EU, or Japan. Technology companies and pharmaceutical companies often face rejections on Section 3 grounds that would be allowed in other jurisdictions. Consult a patent attorney experienced in Indian patent law before investing in Indian patent prosecution.