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Patent Registration - a 20-year monopoly on your invention

File your invention with the Indian Patent Office and win a 20-year monopoly on it. We run the patentability search, tell you honestly whether Section 3 blocks you, draft the specification and prosecute the application through examination to grant.

  • Patentability and novelty search before a rupee goes into filing
  • Honest Section 3 opinion — we will tell you if your idea cannot be patented
  • Provisional or complete specification drafted by a patent professional
  • Application number and priority date within 3–5 working days
  • Request for examination and FER replies filed on your behalf
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Overview

What is Patent Registration?

A patent is a monopoly the state grants you over an invention in exchange for disclosing exactly how it works. In India it is governed by the Patents Act, 1970, and administered by the Indian Patent Office. To qualify, an invention must clear three tests: it must be novel, it must involve an inventive step that is not obvious to a skilled person, and it must be capable of industrial application.

You file in one of two ways. A provisional specification describes the invention as it stands today. It does not need claims, it cannot itself be granted, and its whole purpose is to lock in a priority date — the date against which novelty is judged — while giving you 12 months to finish the work and file the complete specification. A complete specification is the full document: description, claims, abstract and drawings. It is what the examiner actually reads, and it is what can be granted.

A granted Indian patent lasts 20 years from the date of filing and cannot be renewed beyond that, but it must be kept alive with annual renewal fees from the third year onward. We, at LegalFidelity, run the search, draft the specification, file the request for examination on time, and answer the First Examination Report — the stage where most self-filed applications quietly go abandoned.

Governing law
Patents Act, 1970
Term
20 years from the date of filing
Renewal
Annual fee from the 3rd year onward
Timeline
Filed in 3–5 days · grant in 3–5 years
Why it matters

Benefits of registering a patent

A 20-year monopoly

Only you may make, use, sell or import the invention in India for 20 years from the filing date. Everyone else needs your permission.

Enforceable against copycats

A granted patent lets you sue for infringement and seek an injunction, damages or an account of the infringer's profits.

Licence it for royalties

You can licence the patent to manufacturers and earn from the invention without ever building a factory or a supply chain.

Survives investor diligence

A filed or granted patent is a defensible moat on your cap table. It is one of the few assets a deep-tech investor will actually diligence.

A route to other countries

Your Indian filing date can be used as the priority date for a PCT or convention application, giving you 12 months to decide which countries matter.

Startup fee rebate

DPIIT-recognised startups, small entities and individual inventors pay the lowest slab of official fees and can request expedited examination.

Eligibility

Who should file a patent?

Inventors with a new product, machine, device or physical process
Deep-tech, hardware, electronics and manufacturing startups
Pharma, chemical and materials companies with a novel formulation or process
Research institutions and universities commercialising lab output
Companies filing in India first, then abroad via PCT within 12 months
Not patentable under Section 3: software per se, business methods, mathematical methods, mere discoveries, and mere admixtures of known substances. If that is what you have, we will say so before you pay — a copyright on your source code is usually the right protection instead.
Checklist

Documents required

Statutory forms

  • Form 1 — application for grant of patent, with applicant and inventor details
  • Form 2 — the provisional or complete specification
  • Form 3 — statement and undertaking on corresponding foreign applications
  • Form 5 — declaration as to inventorship, filed with a complete specification

The invention itself

  • A full technical description of how the invention works
  • Drawings, diagrams or flowcharts that explain the structure and operation
  • Details of any prior art, publication or public disclosure you already know of

Applicant identity & proof of right

  • PAN and Aadhaar or other identity proof of each applicant
  • Certificate of incorporation, if the applicant is a company or LLP
  • Udyam / MSME or DPIIT startup certificate, to claim the reduced official fee
  • Assignment or proof of right to apply, where the inventor is not the applicant

Authorisation

  • Form 26 — power of attorney authorising our patent agent to act for you
How it works

How patent registration works

01

Search & eligibility check

We search Indian and international patent databases for prior art and give you a straight opinion on novelty, inventive step and whether Section 3 excludes your invention.

02

Draft & file

We draft your provisional or complete specification and file it with Forms 1, 2, 3 and 5. You get an application number and your priority date within 3–5 working days.

03

Publication & request for examination

The application is published at 18 months, or earlier if you request it. Examination is not automatic — a request for examination must be filed within 48 months of the priority date, and we file it for you.

04

FER, response & grant

The examiner issues a First Examination Report. We reply within the statutory window, amend the claims where needed, attend any hearing, and take the application through to grant.

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Provisional vs Complete specification

This is the real decision at the start of every patent filing. Here is what each one actually buys you.

Provisional specificationComplete specification
What you fileA description of the invention as it stands, without claimsFull description with claims, abstract and drawings
File it whenThe invention works in principle but is still being refinedThe invention is settled and you can define its boundaries in claims
Secures a priority dateYes — this is its entire purposeYes
Can a patent be granted on it?No. A provisional is never granted on its ownYes. This is the document the examiner examines
The deadline it createsComplete specification within 12 months, or the application is deemed abandonedRequest for examination within 48 months of the priority date
Our fee₹4,999₹14,999
Best forBuying 12 months of protected time while you build and raiseFiling once, in full, and moving straight to examination
Questions answered

Frequently asked questions

Patent registration is the process of obtaining exclusive rights over an invention from the Indian Patent Office under the Patents Act, 1970. Once granted, you alone may make, use, sell or import the invention in India for 20 years from the date of filing, and nobody else may do so without your permission.

Usually not. Section 3(k) of the Patents Act excludes computer programmes per se, business methods, mathematical methods and algorithms from patentability. An app whose novelty lies purely in its code, its user flow or its business model is not patentable in India, and no amount of clever drafting reliably changes that.

There is a narrow exception: software that produces a genuine technical effect beyond the ordinary working of a computer — for example, firmware that improves the operation of hardware — can sometimes be patented when claimed correctly. We will tell you which side of that line you are on before you spend anything.

If your software is not patentable, the right protection is usually copyright: source code is registered as a literary work, and that is a real, enforceable right.

Section 3 of the Patents Act excludes a long list, and these are the ones that catch founders out:
  • Computer programmes per se, business methods and mathematical methods
  • Mere discoveries — a scientific principle, an abstract theory, or the discovery of something already existing in nature
  • Mere admixtures — combining known substances so that the result is only the sum of their known properties
  • New forms of a known substance that do not show enhanced efficacy (Section 3(d))
  • Methods of agriculture or horticulture, and methods of medical treatment of humans or animals
  • Traditional knowledge, and inventions that are frivolous or contrary to public order or morality
Inventions relating to atomic energy are separately barred under Section 4.
A provisional specification describes the invention as it currently stands and does not need claims. It secures your priority date and gives you 12 months to file the complete specification. A patent is never granted on a provisional alone. The complete specification is the full document — description, claims, abstract and drawings — and it is the one the examiner examines and the Controller grants. If you file a provisional and do not follow it with a complete specification within 12 months, the application is treated as abandoned.

No, and this is the single most common way a patent application dies. After filing, the application is published in the Patent Journal at 18 months (or earlier if you file a request for early publication), but it is not examined until you file a Request for Examination. That request must be filed within 48 months of the priority date. Miss the window and the application is deemed withdrawn — the filing fee is simply gone.

The First Examination Report sets out the examiner's objections, and you must put the application in order for grant within the statutory period from the date the FER is issued. If you do not respond in time, the application is treated as abandoned — not rejected, abandoned — and there is no appeal against your own silence. This is exactly the stage our Premium plan covers.
Filing takes 3–5 working days. Grant takes considerably longer: publication at 18 months, then examination, then one or more rounds of objections. A typical Indian patent is granted 3 to 5 years after filing. DPIIT-recognised startups and small entities can apply for expedited examination, which can compress this significantly.
A patent lasts 20 years from the date of filing and cannot be renewed beyond that. It is not maintenance-free: annual renewal fees are payable from the third year. If you stop paying, the patent lapses. A lapsed patent can be restored by applying within 18 months of the lapse, with a justification for the delay.

Our professional fees are ₹4,999 for a provisional specification, ₹14,999 for a complete specification with filing, and ₹29,999 for complete filing with full FER prosecution.

Government fees are charged separately and depend on who is applying. Individuals, startups and small entities pay the lowest slab — filing fees start at around ₹1,600 for e-filing — while large companies pay roughly five times that. The request for examination is billed separately from the filing fee. You get a fixed, all-in quote during your free consultation.

The true and first inventor, an assignee of the inventor (typically their company), or the legal representative of a deceased inventor. Individuals, startups, companies, research institutions and foreign applicants can all apply. If the inventor is not the applicant, proof of the right to apply — usually an assignment — must be filed.
No. A patent is territorial: an Indian patent is enforceable only in India. To protect the invention abroad you must file in each country, either directly or through a PCT international application, which you can file within 12 months of your Indian priority date and which then keeps your options open across member countries.
No. The entire process is online. You share your invention disclosure and documents from your phone or laptop, and our patent agent files everything with the Indian Patent Office on your behalf using Form 26.
Still have questions? Talk to an expert
In depth

Patent Registration in India

LegalFidelity editorial team

10 min readUpdated Apr 2026

Patent registration in India is the formal procedure of protecting an invention — a novel product, process, or technology. After a patent is registered, the inventor gains the exclusive right to use, produce, or market the invention for a specified period, typically 20 years. This means no one else can use the invention without consent.

What is a Patent?

A patent is a legal right granted by the Indian government to secure an invention that introduces a new method, product, or technical solution to a problem. According to Section 2(1)(j) of The Patents Act, 1970, a patent covers an invention that is new, has an inventive step, and can be applied to industry. The invention must be novel, demonstrate a new improvement or feature beyond what is already known, and be useful in any industry.

Benefits of Patent Registration in India

Exclusive Ownership Rights: A patent gives its owner the legal right to make, use, sell, or distribute the invention for 20 years and to control its commercial use.

Better Brand Image and Investor Confidence: Patents increase credibility and signal that the company is innovation-focused and growth-oriented, which builds trust with investors and partners.

Licensing and Royalty Income: Patent owners can license their invention to others and collect royalties or fees, generating revenue without producing the product themselves.

Legal Protection Against Competitors: Once patented, no other company or individual can reproduce or use the invention without authorization, giving the inventor a competitive advantage in the market.

International Protection through PCT: Through the Patent Cooperation Treaty (PCT), inventors can seek protection in multiple countries by submitting a single application, expanding their market reach.

Government Support to Startups: Startups recognized by DPIIT under Startup India receive up to 80% rebate on patent registration fees, and their applications may be expedited, making the process faster and more affordable.

Eligibility Criteria for Patent Registration

  • Individual Inventors: Any person who invents something new and original can apply for a patent in their name.
  • Startups and Companies: Businesses that create new processes or products are eligible to apply.
  • Government Bodies or Research Institutions: Government organizations involved in scientific research can register inventions.
  • Foreign Applicants: Non-residents may apply through a national application or through the PCT system to secure their inventions in India.

What Qualifies as an Invention

  • Novelty: The invention must be new and not previously disclosed.
  • Inventive Step (Non-obviousness): It must represent a technical improvement and must not be an obvious variation.
  • Industrial Applicability: It must be practically useful and capable of being made or used in industry.

What Can and Cannot Be Patented in India

Patentable Inventions

  • New products or processes that introduce a technical improvement or practical solution to a problem.
  • Enhanced versions of existing technologies that increase performance, efficiency, or functionality.
  • A combination of software and hardware that executes a technical service or addresses a technical problem.
  • New chemical compounds and innovative manufacturing methods with industrial applications.
  • Biotechnology inventions, including novel microorganisms generated through human manipulation, for use in pharmaceuticals or agriculture.

Examples:

  • A camera stabilization system that improves photo quality on a mobile phone.
  • Energy-efficient machinery designed for industrial use.

Non-Patentable Inventions

  • Discoveries and Abstract Theories: Natural discoveries, scientific principles, or mathematical models (e.g., E = mc²) cannot be patented.
  • Computer Programs and Algorithms: Pure software or algorithms not combined with hardware and not serving a technical purpose.
  • Traditional Knowledge and Natural Properties: Inventions based on common natural applications or traditional knowledge, such as the healing properties of turmeric.
  • Agricultural and Atomic Energy Inventions: No invention based on agriculture or atomic energy can be patented under Indian law.

Types of Patent Registration Applications in India

Ordinary Patent Application

Filed when the invention is fully developed and does not claim priority over any prior application. It contains the full specification and is submitted directly for examination and grant.

Provisional Patent Application

Filed when the invention is still in development but the inventor wants to establish an early filing date. After filing, the applicant has 12 months to submit the full specification, giving time to perfect the invention without losing priority.

Complete Specification

An application that includes full technical information, claims, and a description of the invention. It is typically filed following a provisional application or directly when the invention is already developed.

Convention Application

When an inventor has filed a patent in a convention country, they can file in India within 12 months to claim priority from the earlier application, securing protection in India from the original filing date.

PCT (International) Application

Filed under the Patent Cooperation Treaty, this enables inventors to apply in multiple countries using a single international application, simplifying the path to global protection.

Divisional Application

When a single patent application covers more than one invention, it may be divided into individual applications. Each invention is then examined separately.

Patent of Addition

Filed to secure additions or enhancements to an earlier patented invention by the same applicant. It does not require a separate renewal fee and remains valid as long as the main patent is in force.

Documents Required for Patent Registration in India

  • Application Form (Form 1): The primary filing form containing the applicant’s name, address, nationality, and the type of application (ordinary, convention, PCT, etc.).
  • Proof of Right to Apply (if applicable): If the inventor is not the applicant (e.g., a company owns the invention), proof of assignment or a declaration demonstrating the right to file the patent.
  • Drawings and Diagrams: If the invention has technical or structural aspects, illustrative drawings or diagrams must be included to clarify the invention for the examiner.
  • Declaration of Inventorship (Form 5): States the real names of the inventors. Must be filed together with the full specification or within one month of its filing.
  • Authorization of Patent Agent (Form 26): If filing through a registered patent agent, this form allows the agent to represent the applicant before the patent office.
  • Statement and Undertaking (Form 3): Applicants must declare whether they have filed patent applications on the same invention in other countries and agree to inform the Controller of any changes.
  • Fee Receipt: Proof of payment of the prescribed filing fees.

Step-by-Step Patent Registration Process in India

Carry out a patent search before applying to check whether a similar invention already exists. This prevents duplication and saves time during registration.

Step 2: Draft the Patent Specification

Prepare the patent specification, which describes the invention in detail.

  • A provisional specification may be submitted for inventions still in development, securing an early priority date.
  • A complete specification is required when the invention is fully developed. It includes:
    • Abstract: A brief summary of the invention.
    • Description: How the invention works.
    • Claims: Legal statements that define the scope of protection.
    • Drawings: Technical illustrations, if applicable.

Step 3: File the Patent Application

Submit the patent application with all required forms and documents to begin the official process.

Step 4: Publication of the Application

The application is automatically published in the Patent Journal 18 months after the filing date. Applicants may request early publication to accelerate the process.

Step 5: Examination of the Application

Upon filing a request for examination, the patent office reviews the application. A Patent Examiner prepares a First Examination Report (FER) listing any objections. The applicant has 6 months to respond and resolve the objections.

Step 6: Patent Opposition

Third parties can challenge the application through:

  • Pre-grant opposition: Filed before the patent is granted.
  • Post-grant opposition: Filed within one year after the grant.

Oppositions may be based on lack of novelty, obviousness, or wrongful ownership. The applicant must respond and may be called for a hearing.

Step 7: Grant of Patent

Once all objections and oppositions are resolved, the Controller grants the patent and announces it in the Patent Journal. The patentee then holds the sole right to use, license, or sell the invention for a 20-year period.

Patent Registration Process | LegalFidelity
Patent Registration Process | LegalFidelity

Patent Renewal and Restoration in India

Validity of a Patent

Under the Patents Act, 1970, a patent expires 20 years from its filing date. The owner must pay annual renewal fees to maintain protection.

Renewal Fee Schedule

Renewal fees are due from the third year of the patent and for each succeeding year. Fees may be paid annually or in advance for up to five years.

Late Payment and Restoration

If the renewal fee is not paid on time, the patent lapses and legal protection ends. The patent may be restored within 18 months of the lapse date by submitting Form 15 along with the prescribed fee and sufficient reasons for the delay. Many patent holders use reminder systems to avoid missing deadlines.

Patent Opposition and Infringement in India

The opposition and infringement framework is governed by the Patents Act, 1970, ensuring that only valid inventions are protected and that patent rights are not abused.

Patent Opposition

  • Pre-grant opposition may be filed before the patent is granted.
  • Post-grant opposition may be filed within one year of the grant.

Patent Infringement

Infringement occurs when someone makes, uses, sells, distributes, or imports a patented product or process without the patent owner’s consent, including importing a patented product into India without permission.

  • Civil remedies: Injunctions to stop the infringement, compensation or damages, and recovery of profits.
  • Criminal remedies: Available in cases of willful infringement.

Defenses and Dispute Resolution

The accused may defend by proving that the patent is invalid or that their use falls under a legal exception, such as research or experimental use. Disputes are often resolved through licensing, negotiation, or mediation to avoid court proceedings.

Cost of Patent Registration in India

Government Filing Fees

Applicant TypeProvisional FilingComplete Filing
Individual / StartupRs. 1,600 – Rs. 1,750Rs. 4,000 – Rs. 4,400
Small EntityRs. 4,000 – Rs. 4,400Rs. 10,000 – Rs. 11,000
Large CompanyRs. 8,000 – Rs. 8,800Rs. 20,000 – Rs. 22,000

Professional and Drafting Charges

Professional services including specification preparation, claims drafting, and legal formalities typically cost Rs. 10,000 to Rs. 75,000 depending on the complexity of the invention and the number of drawings and claims.

PCT and Renewal Costs

  • International Filings (PCT Route): Additional charges of Rs. 2 lakh or more depending on the number of countries selected.
  • Annual Renewal Fee: Rs. 800 to Rs. 8,000 per year based on the year of renewal and type of applicant.

FeaturePatentTrademarkCopyright
PurposeProtects inventions and technical innovationProtects brand names, logos, symbolsProtects creative works such as music, books, art
Law GoverningPatents Act, 1970Trademarks Act, 1999Copyright Act, 1957
Validity20 years from the date of filing10 years, renewable indefinitelyLifetime of the author + 60 years
Territorial ScopeCountry-specific (extendable via PCT)Country-specificCountry-specific
Registration Required?Yes (mandatory)Yes (for greater protection)Not mandatory but recommended
ExamplesMachine, process, drug formulaNike logo, Apple nameSong, film, software code

  • Step-by-Step Guidance: LegalFidelity guides you through every stage of the patent process, from filing to grant.
  • Professional Drafting and Filing: Expert professionals draft specifications correctly to maximize protection.
  • Affordable Packages: Transparent pricing packages designed for individuals, startups, and companies.
  • Confidentiality Assured: Your invention information is completely secure with LegalFidelity.
  • End-to-End Compliance: Support for renewals, objections, oppositions, and all post-filing legal matters.

Conclusion

Patent registration safeguards your invention and builds market credibility, fundability, and global recognition. With LegalFidelity, you get expert support to secure your patent and stay focused on innovation.

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