How to Register a Patent in India: Step-by-Step Guide
Patent registration in India protects an invention by granting the inventor exclusive rights for 20 years from the filing date. The process begins with checking whether invention qualifies for patent protection, followed by selecting the right application type and preparing detailed technical documents. After filing, application undergoes publication and examination, where responses to official queries are required. Entire patent registration process in India typically takes between 2 to 5 years to complete.
Innovation moves fast. Protection does not, unless you plan it right.
Patent gives you legal control over new product, process, or technology. It stops others from making, using, selling, or exporting your invention without consent. In India, that control lasts 20 years from the filing date.
This guide explains patent filing process in India in clear steps. It covers eligibility, application types, documents, timelines, and costs, without legal fog or filler.
What is Patent Registration?
Patent registration is the legal method of securing exclusive rights over an invention. Once granted, inventor can manufacture, sell, license, or import invention for the next two decades.
In India, patents are governed by Patents Act, 1970 and administered by office of the Controller General of Patents. To secure these rights in full, inventors must file Permanent Patent application after finalising their invention details.
The system rewards research, effort and originality. It also creates public record of ownership, which matters during funding, licensing, or disputes. For practical breakdown of how these rights translate into commercial and legal advantages, this guide on benefits of patent protection adds useful perspective: Understanding Various Benefits of Patent Protection
Eligibility for Patent Registration in India
Not every idea qualifies for patent protection. The law applies clear filters to determine what can be patented in India, focusing on inventions that meet defined standards of novelty, usefulness, and inventive step.
An invention must meet all four conditions below.
Novelty: Invention must be new. Should not exist in any public document, product, or disclosure anywhere in world
Inventive step: Invention should not be obvious to someone skilled in that field. Small tweaks do not count
Industrial applicability: Must have practical use and be capable of industrial production.
Legal eligibility: Invention must not fall under exclusions listed in Sections 3 & 4 of the Patents Act
Types of Patent Applications in India
Based on the Development Stage
Provisional patent: File a provisional patent application, when invention is still evolving. It gives temporary protection for 12 months.
Complete patent application: Filed when the invention is fully developed. This leads to full-term protection.
Based on purpose
- Ordinary patent application
- PCT international application
- PCT national phase application
- Convention application
- Divisional application
- Patent of addition
Choosing right category is first real decision in patent filing procedure in India.
Documents Required for Patent Filing
Keep these ready before filing patent in India.
- Application Form 1
- Provisional or complete specification
- Abstract of invention
- Proof of right to file, if applicant is not the inventor
- Statement and undertaking (Form 3)
- Power of attorney, if filed through an agent
- Priority documents, if applicable
- Form 28, if claiming startup or MSME benefits
- Fee payment receipt
Incomplete documentation is common reason for delay in patent filing process in India.
Patent Registration Process in India
Step 1: Document the invention
Start by writing everything down. Describe the idea, problem it solves, and how it works.
Use sketches, flowcharts, or diagrams if needed. Do not aim for perfection. Aim for clarity. This early documentation becomes base for entire patent filing procedure in India.
Before discussing the invention with anyone, sign Non Disclosure Agreement. An NDA protects confidentiality and avoids accidental public disclosure.
Step 2: Novelty or patentability search
This step checks whether your invention is new.
A novelty or patent search compares your idea with existing patents and public disclosures. Then report highlights overlaps, if any, and points out what may still qualify as novel.
It is optional but often helps inventors decide whether to proceed or refine the invention before filing.
Step 3: Drafting the patent application
Patent drafting is a technical and legal exercise.
The specification must explain invention clearly and define claims that protect it without overreaching. Poor drafting can weaken protection or lead to rejection.
This step plays decisive role in the patent registration process in India.
Step 4: Filing patent application
Once drafted and reviewed, application is filed with the Patent Office using Form 1 and the relevant specification.
After filing, invention receives patent-pending status. This fixes your priority date and allows you to disclose, market, or discuss the invention without losing rights.
At this stage, many inventors first ask how to register a patent in India correctly, since filing errors can be costly.
Step 5: Publication of application
The application is published in Patent Journal after 18 months from filing date.
If required, early publication can be requested. Publication places the invention in the public domain but does not grant enforceable rights yet.
Step 6: Request for examination
A patent is examined only after formal request is filed.
The examiner reviews whether invention meets legal requirements such as novelty, inventive step, and industrial applicability. This review is central to patent filing process in India.
Step 7: Examination report and objections
The examiner issues First Examination Report, often raising objections.
Most applications receive objections. This is normal.
The applicant must respond with written explanations or amendments. If issues remain, hearings may be scheduled.
Step 8: Grant of patent
Once objections are resolved, the patent is granted and published.
From this point, patentee enjoys exclusive rights for 20 years from filing date, subject to annual renewals.
This completes patent registration process in India.
How Much Does Patent Filing Process in India Cost?
The cost of filing a patent in India includes government fees and professional fees. Government fees are fixed and payable at different stages of process. They mainly depend on the type of applicant, mode of filing, and how lengthy your application is, including number of pages and claims.
Government Fees for Patent Filing
(Up to 30 pages and 10 claims)
| Applicant Category | E Filing Fee (₹) | Physical Filing Fee (₹) |
| Natural person/Startup | 1,600 | 1,750 |
| Small entity | 4,000 | 4,400 |
| Others(companies, large entities) | 8,000 | 8,800 |
Additional Government Fees
(Applicable if application is lengthy and exceeds standard limits)
| Particulars | E Filing (₹) | Physical Filing (₹) |
| Each extra page | 160 | 180 |
| Each extra claim | 320 | 350 |
Professional fees are charged separately. They usually depend on how detailed your invention is and level of drafting, filing, and examination support required.
Conclusion
A patent is not paperwork. It is leverage. From early patent search to final grant, every step shapes strength of your rights. Filing without strategy risks weak protection or rejection. Our experts at LegalWiz help inventors and businesses with conducting patent search online and with clarity and precision. From search support to specification drafting and examination replies, focus stays on protecting what makes your invention valuable.
Frequently Asked Questions
How long does patent registration take in India?
On average, two to five years, depending on examination speed and objections.
Can I file patent before my product is complete?
Yes. Provisional application allows early filing during development.
Is patent valid worldwide?
No. Indian patents protect inventions only within India unless international filings are made.
What happens if I miss examination request deadline?
The application becomes inactive and may be abandoned.
Can software be patented in India?
Pure software is excluded but software with technical application may qualify.
Is professional help necessary for patent filing?
Not mandatory but expert drafting and responses reduce risks and delays.
Sapna Mane
Sapna Mane is a skilled content writer at LegalWiz.in with years of cross-industry experience and a flair for turning legal, tax, and compliance chaos into clear, scroll-stopping content. She makes sense of India’s ever-changing rules—so you don’t have to Google everything twice.
