How to File a Patent in India: Step-by-Step Guide for 2025

How to Secure a Patent in India: Full Process Explained

Securing a patent is one of the most effective ways to safeguard your invention in India. Whether you're an entrepreneur launching a startup, a researcher developing a groundbreaking technology, or an individual with a unique idea, filing a patent grants you exclusive rights to your creation. This guide provides a detailed, step-by-step process for filing a patent in India, both online and offline, while explaining what a patent is, its validity, limitations, and how to ensure your idea stands out. Written with expertise and clarity, this article aims to empower Indian innovators to protect their intellectual property confidently.

What is a Patent?

A patent is an official recognition that gives the inventor full rights to produce, use, and profit from their invention for a specific time. In India, this period is 20 years from the filing date, provided annual renewal fees are paid. Patents fall under Intellectual Property Rights (IPR), which protect creative and innovative works, ensuring that no one else can exploit your invention without permission.

A patentable invention must be:

• Novel: Original and not previously disclosed.
• Inventive: The idea must not be something that a professional or expert in the field could easily think of.
• Industrially applicable: Capable of being used or produced in an industry.

Patents are critical for startups, researchers, and businesses, as they enhance credibility, attract investors, and open doors to licensing opportunities.

Why Expertise Matters in Patent Filing

In the context of patent filing, expertise refers to a combination of technical knowledge, legal understanding, and practical experience in navigating the complexities of the patent system. An expert can draft precise claims, anticipate objections, and ensure your invention is fully protected. Mistakes in the application process—such as vague descriptions or incomplete forms—can lead to rejection or weak legal protection, costing time and money.

At its core, expertise in patent filing means:

• Exploring key aspects of the Indian Patents Act, 1970.
• Crafting detailed specifications that clearly define your invention.
• Strategically responding to objections from the patent office.

While self-filing is possible, consulting a patent professional can maximize your chances of success, especially for complex inventions.

Who Administers Patents in India?

Patent registration in India is handled by the Indian Patent Office, which operates under the authority of the Controller General of Patents, Designs, and Trademarks (CGPDTM), oversees patent grants in India. Operating under the Ministry of Commerce and Industry, the office has four locations: Delhi, Mumbai, Kolkata, and Chennai. You can file your application at the office corresponding to your location or use the convenient online filing system.

Step-by-Step Guide to Filing a Patent in India

Filing a patent in India can seem daunting, but with the right approach, you can navigate the process smoothly. Below is a comprehensive guide to filing a patent, whether you're doing it yourself or seeking professional assistance.

Step 1: Conduct a Patent Search

Before investing time and resources, verify that your invention is unique. A patent search helps confirm that your idea hasn’t been patented or disclosed previously. Use the Indian Patent Advanced Search System (InPASS) at:

https://iprsearch.ipindia.gov.in/PublicSearch/

Tips for an Effective Search:

• Search by keywords, inventor names, or application numbers.
• Review similar inventions to assess novelty.
• Consider international databases like WIPO’s PATENTSCOPE for global context.

A thorough search reduces the risk of rejection and saves you from duplicating existing work.

Step 2: Draft Your Patent Specification

To file your patent, you must include a specification that thoroughly explains the features and functioning of your invention. You can file either a provisional specification or a complete specification:

• Provisional Specification: Ideal if your invention is still in development. It secures an early filing date and gives you 12 months to finalize the complete specification.
• Complete Specification: Required when your invention is fully developed, including technical details, claims, and diagrams.

What to Include:

• A clear description of the invention.
• Diagrams or drawings (if applicable).
• Claims defining the scope of protection.

Pro Tip: Be precise but comprehensive in your description. Vague or incomplete specifications can weaken your patent’s enforceability.

Step 3: Prepare Necessary Forms

The Indian Patent Office requires specific forms for a complete application. You can find these forms and their fee schedules at:

https://ipindia.gov.in/Patents/form_and_fees

Key forms include:

• Form 1: Application for grant of a patent.
• Form 2: Provisional or complete specification.
• Form 3: Disclosure and pledge related to foreign filings, if applicable.
• Form 5: Declaration of inventorship.
• Form 18: Request for examination (must be filed within 48 months).

Fees: Costs vary based on the applicant type:

• Individuals/Startups: ₹1,600–₹8,800.
• Companies: ₹8,000–₹44,000.

Always check the latest fee structure, as it may change.

Step 4: File Your Patent Application Online

The Indian Patent Office’s online portal makes filing efficient and accessible. Follow these steps to file your patent online:

1. Access the E-Filing Portal
   Visit https://ipronline.ipindia.gov.in/epatentfiling/goForLogin/doLogin
2. Register as a User
• Click “New User Registration.”
• Select your applicant type: Individual, Startup, Small Entity, or Large Entity.
• Provide personal/business details and create a login ID.
• Upload a Digital Signature Certificate (DSC) if required (e.g., for agents).
3. Start a New Application
• Log in and select “File a New Application.”
• Choose the specification type (provisional or complete).
• Select the appropriate jurisdiction (based on your location).
4. Upload Documents
   Prepare and upload in PDF format:
• Form 1, Form 2, Form 3, Form 5, and Form 18 (if ready).
• Drawings and priority documents (if applicable).
• Form 26 (if using a patent agent).
5. Pay Fees
   Fees are calculated based on applicant type, page count, and claims. Pay via:
• Net banking.
• Debit/credit card.
• UPI (if available).
  Save the payment receipt for your records.
6. Submit the Application
• Review all entries and documents.
• Submit to receive an Application Number and Filing Date.
• Download the acknowledgment for proof of submission.

Note: Ensure your browser supports Java Runtime Environment (JRE) for digital signatures. Track your application status at https://ipindia.gov.in/.

Step 5: Request Examination

After filing, submit Form 18 within 48 months to request examination. An examiner will review your application for compliance with the Indian Patents Act. You may receive a First Examination Report (FER) with objections. Respond promptly with clarifications or amendments to avoid delays.

Step 6: Publication and Grant

Once approved, your patent is published in the Patent Office Journal. If no objections arise within a specified period, the patent is granted, and you receive a Certificate of Registration. Congratulations—you now have exclusive rights to your invention!

Filing a Patent Offline

While online filing is recommended, you can submit a physical application to one of the four patent offices (Delhi, Mumbai, Kolkata, or Chennai). Ensure all forms, fees, and documents are complete and submitted in person or by mail. Online filing, however, is faster and reduces paperwork errors.

Is Patent Filing Free in India?

Filing a patent in India is not free, but the government offers reduced fees for individuals, startups, and educational institutions to encourage innovation. Fees vary by stage, applicant category, and document details. Always budget for annual renewal fees to maintain your patent’s validity.

What Cannot Be Patented in India?

The Indian Patents Act, 1970 excludes certain inventions from being patented, such as:

• Scientific theories or natural laws.
• Computer programs or algorithms alone.
• Agricultural or medical treatment methods.
• Business models or financial systems.
• Traditional knowledge or naturally occurring substances.

Ensure your invention meets the criteria of novelty, inventiveness, and industrial applicability to qualify.

How Long Does a Patent Last in India?

A patent in India is valid for 20 years from the filing date. To keep it active, pay annual renewal fees starting from the third year. Failure to pay may cause the patent to lapse prematurely.

Why Conduct a Patent Search?

A patent search isn’t just a formality—it’s a strategic step to validate your invention’s uniqueness. Use the InPASS tool to:

• Avoid infringing existing patents.
• Refine your invention to stand out.
• Save time and resources by identifying potential conflicts early.

Track the Status of Your Application

You can track the progress of your application by visiting the Patent Application Status portal.

Use your application number to check publication, examination, or grant status.

Added Value: Tips for a Successful Patent Application

1. Hire a Patent Agent (Optional): While self-filing is possible, a registered patent agent can draft stronger claims and navigate legal complexities.
2. Document Everything: Keep detailed records of your invention process, including sketches, prototypes, and development notes.
3. Plan for Costs: Budget for filing fees, renewal fees, and potential legal consultations.
4. Leverage Startup Benefits: If you’re a registered startup, take advantage of discounted fees and expedited examination options.
5. Stay Proactive: Monitor your application status and respond to objections promptly to avoid delays.

Official Resources

Official Website: https://ipindia.gov.in/

Read : Frequently asked questions

Read also: Top Financial Ratios to Manage Your Business Finances in 2025

Summary

Filing a patent in India is a powerful way to protect your innovation, enhance your business’s value, and secure a competitive edge. Whether you’re an individual inventor or a startup founder, understanding the patent process empowers you to turn ideas into legally protected assets. By following this guide, conducting thorough searches, and preparing meticulously, you can navigate the Indian Patent Office with confidence.

For more insights on intellectual property, business strategies, and innovation, explore our expert resources. Visit the official Indian Patent Office website at https://ipindia.gov.in/ for forms, FAQs, and updates.

Ready to protect your invention? Begin your patent process now to join India’s growing innovation space.