How to register a patent in India
Filing a patent in India is a multi-year, fee-bearing process — but it's far less opaque once you see the steps. Here's the whole journey, from a prior-art search to grant, with the free tools to do each part and a way to never miss a deadline.
Check novelty first — run a prior-art search
A patent must be new anywhere in the world (novelty, §2(1)(j)) and involve an inventive step (§2(1)(ja)). If your idea is already published — as a patent, a paper, or even your own public demo — it isn't novel, and the application will fail after you've spent on it. Search the prior art first. Our free patentability checker runs a worldwide prior-art search and flags the Section 3 exclusions — especially §3(k), which blocks a computer program or algorithm “per se”.
Decide: provisional or complete specification
You can file a provisional specification to lock in an early priority date while the invention is still being developed — you then have 12 months to file the complete specification. Or, if the invention is fully worked out, file a complete specification straight away. A provisional is cheaper and faster to secure the date; the complete is what's actually examined and granted.
Draft the specification and claims (the one part to get help with)
The claims define the exact monopoly you get — too narrow and competitors design around it, too broad and it's rejected over prior art. This is the one IP right we don't recommend drafting solo: a registered patent agent turns your invention into an enforceable specification with claims, drawings, and an abstract. Get the prior-art search done first (Step 1) so the agent's time goes into drafting, not discovery.
File the forms and fees on the IP India portal
Patents are filed on the IP India e-filing portal (ipindiaonline.gov.in) with a digital signature. The core forms are Form 1 (application), Form 2 (the specification), Form 3 (the §8 statement of corresponding foreign filings), and Form 5 (declaration of inventorship, with a complete spec). Government fees are tiered by applicant: a natural person, startup, or small entity pays roughly ₹1,600 to e-file, versus around ₹8,000 for a large entity — so claiming the right entity status matters. You receive an application number immediately.
Publish and request examination — don't miss the 48-month window
Your application is published in the Patent Office Journal about 18 months after filing (you can request early publication on Form 9). Critically, a patent is not examined automatically — you must file a Request for Examination (Form 18) within 48 months of the priority date, or the application is treated as withdrawn. Startups and small entities can file an expedited request (Form 18A). Map every one of these dates with the IP deadline calculator.
Reply to the FER, get to grant, then keep it alive
The examiner issues a First Examination Report (FER) raising objections; you must put the application in order within 6 months (extendable by 3). Clear the objections — sometimes after a hearing — and the patent is granted, giving you a 20-year term from filing. After grant you pay annual renewal fees from year 3 to 20 and file Form 27 (statement of working). Add your application to Novipra and it dockets the RFE, FER reply, every annuity, and Form 27 automatically.
This guide is educational and not legal advice. Government fees and timelines change — confirm the current figures on the IP India portal before you file. Patent drafting and prosecution outcomes depend heavily on your specific invention and claims; for those, consult a registered Indian patent agent or attorney.
Frequently asked questions
Can I file a patent myself in India?
You can file the application and pay the fees yourself on the IP India portal, and you can certainly file a provisional specification solo to secure a priority date. However, drafting the complete specification and claims is highly technical — the claims determine what protection you actually get — so most applicants work with a registered patent agent for that part. The prior-art search and timeline tracking, you can do yourself.
How much does it cost to register a patent in India?
Government fees are tiered by applicant type. A natural person, startup, or small entity pays roughly ₹1,600 to e-file the application and about ₹4,000 for the Request for Examination; a large entity pays around ₹8,000 and ₹20,000 respectively. On top of the official fees, a patent agent's professional fee for drafting and prosecution is usually the larger cost. Renewal (annuity) fees are then due every year from year 3.
How long does it take to get a patent in India?
Typically 3 to 5 years or more from filing to grant, depending on the examination backlog and how many objections are raised. The application publishes around 18 months in, examination only begins after you file the Request for Examination, and the FER process plus any hearing adds further time. Startups and small entities can shorten this using expedited examination.
What is the difference between a provisional and complete specification?
A provisional specification describes the invention broadly to secure an early priority date, and gives you 12 months to file the complete specification. The complete specification is the full, final disclosure with claims that is actually examined and granted. Filing provisional first is useful when the invention is still evolving or you need the date quickly.
What cannot be patented in India (Section 3)?
Section 3 of the Patents Act lists subject matter that isn't patentable regardless of novelty — for example a computer program or algorithm per se (Section 3(k)), a new form of a known substance without enhanced efficacy (Section 3(d)), business methods, methods of agriculture, and methods of medical treatment. Section 3(k) in particular trips up many software and AI inventions, so it's worth checking before you draft.
What is the Request for Examination (RFE)?
A patent application in India is not examined automatically. You must file a Request for Examination (Form 18) within 48 months of the priority date; if you miss it, the application is treated as withdrawn and the invention falls into the public domain. Startups and small entities can file an expedited request (Form 18A) to be examined sooner.
Do I need a patent agent?
It isn't legally mandatory for a resident applicant, but it's strongly advisable for drafting the specification and claims and for replying to the examination report. A poorly drafted claim set can leave a granted patent easy to design around or vulnerable to revocation. Use professional help for drafting and prosecution; handle the search, fees, and deadline tracking yourself to save cost.
Before you file, check it's patentable
Run a free worldwide prior-art search and a novelty & Section 3 read in seconds — then track every patent deadline (RFE, FER, annuities, Form 27) in Novipra.