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How to File Patent Application in India 2026

Patent application - protect invention. ₹1,750 (individual/startup) to ₹44,000 (company). 4-6 years process.

📁 Business ⏱️ 5-10 hrs 💰 ₹1,750-44,000

About This Guide

Patent Application under Patents Act 1970 protects inventions (novel, non-obvious, industrially applicable). Apply at ipindia.gov.in. Two types: Provisional (date priority, simpler) + Complete (full specs). Fee Rs 1,750 (individual/startup/small entity) - ₹44,000 (large entity). 18-month publication, 4-6 year grant. 20-year validity. Strongly recommend patent attorney.

Eligibility Criteria

Inventor (or assignee)
Novel invention - not in prior art
Non-obvious to person skilled in art
Industrially applicable
Not excluded subject matter (math, business methods, software per se)

Documents Required

Keep these documents ready before starting application. Missing documents = delayed approval.

Form 1 (Application)
Form 2 (Provisional/Complete Specification)
Form 3 (Statement of Foreign Filing)
Form 5 (Inventor declaration)
Form 9 (Publication request)
Form 18 (Examination request)
Drawings (if applicable)
Abstract
Power of Attorney
Priority document (if claiming foreign priority)

Step-by-Step Application Process

Follow these steps in order. Each step is critical - skip none.

Patentability Search

Critical first step. ipindia.gov.in + Espacenet + Google Patents. Hire attorney.

Draft Specification

Detailed description with claims. Most critical document. Hire patent agent.

Provisional Filing

Form 2 Provisional. Locks priority date. ₹1,750-4,000.

12-Month Window

File complete specification within 12 months OR lose priority.

Complete Specification

Form 2 Complete. Detailed claims, description, drawings.

Examination Request

Form 18 within 48 months of priority. Or expedited (Form 18A).

Publication

Auto-published after 18 months from priority.

First Examination Report (FER)

1-3 years post-request. Examiner objections.

Reply to FER

Within 6 months. Submit amendments + arguments.

Hearing (if FER not resolved)

Personal hearing with Examiner.

Grant

4-6 years total. Patent issued.

Annual Renewal

From 3rd year. ₹2,400-2,90,000 cumulative.

Key Benefits

20-year monopoly
Licensing revenue
Exclusion right
Strong negotiation
Investor attraction
Tax benefits (Section 115BBF)
PCT international filing route
Industrial application

What Happens After Application?

4-6 years process. Maintain renewals. License or commercialize. Defend against infringement aggressively.

Frequently Asked Questions

Software patent in India?

Software per se NOT patentable. But software with technical effect/hardware integration patentable. Indian Patent Office (IPO) restrictive vs USPTO.

PCT international filing?

After Indian filing, file PCT within 12 months for international protection (150+ countries). National phase entry within 30/31 months.