PATENT REGISTRATION

Patent Registration Registration

Protect your invention with prior art search, specification drafting and IPO filing under the Patents Act, 1970. Form 1, 2, 3, 5, 28 filing on ipindia.gov.in, publication monitoring and FER response support . Startups get 80% government fee discount. 7–10 days to file.

20 YearsFrom Filing Date
DedicatedExpert Assistance
80%Startup Fee Discount
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SAMPLE

Patent Grant Certificate

Patent Office of India — sample letters patent certificate

Illustrative sample. Your official certificate is issued after approval.

01 Patents Act, 1970 Exclusive rights for 20 years from filing if the invention is novel, involves inventive step and is industrially applicable
02 First-to-File Priority goes to the first applicant to file — disclose only after filing (no grace period in India)
03 Form 1 + Form 2 Application and specification filed on ipindia.gov.in with Forms 3, 5, 28 as applicable
04 3–5 Years (Regular) 12–24 months with expedited examination for startups and eligible applicants
OVERVIEW

What is Patent Registration in India?

Patent registration is the legal process of filing an application with the Indian Patent Office under the Patents Act, 1970 to secure exclusive commercial rights over an invention for 20 years, provided it meets novelty, inventive step and industrial applicability criteria.

Administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM) under DPIIT, the system follows a first-to-file principle. The Indian Patent Office operates from Delhi (head office), Mumbai, Chennai and Kolkata, with electronic filing through ipindia.gov.in. A granted patent gives the right to exclude others from making, using, selling or importing the invention without permission. Unauthorized use can lead to civil remedies including injunctions and damages.

Governing Law Patents Act, 1970 · Patent Rules, 2003
Regulator CGPDTM (ipindia.gov.in)
Validity 20 Years from Filing (non-extendable)
Branches Delhi · Mumbai · Chennai · Kolkata
PATENTABILITY

Essential Requirements Under the Patents Act

01

Novelty (Section 2(1)(l))

The invention must be new and not disclosed to the public anywhere in the world before the filing date. Prior publication, use or disclosure destroys novelty. India has no grace period.

02

Inventive Step (Section 2(1)(ja))

The invention must involve a technical advance or economic significance that is not obvious to a person skilled in the art.

03

Industrial Applicability (Section 2(1)(ac))

The invention must be capable of being made or used in some kind of industry, including agriculture.

04

Not Excluded (Sections 3 & 4)

The invention must not fall under non-patentable subject matter listed in Sections 3 and 4 of the Patents Act, 1970 (e.g. abstract ideas, certain methods, atomic energy).

Critical: Publicly disclosing your invention before filing destroys novelty. File at least a provisional specification before publishing papers, presenting at conferences or launching products without an NDA.
TYPES

Types of Patents / Inventions

01

Product Patents

Protect the product itself regardless of how it is made — e.g. pharmaceutical drugs, chemical compounds, mechanical devices.

02

Process Patents

Protect methods of manufacturing or producing something — e.g. synthesis routes, manufacturing processes.

03

Utility / Machine / Composition

New and useful processes, machines, manufactures or compositions of matter that meet the three patentability criteria.

04

Provisional vs Complete

Provisional specification secures a priority date quickly; complete specification (with claims) must be filed within 12 months to proceed to examination and grant.

PROCESS

Step-by-Step Patent Registration Process

1. Prior Art Search

Search InPASS, Google Patents and other databases to assess novelty and inventive step. A strong search reduces later FER objections and wasted fees.

2. Draft Specification

Prepare provisional or complete specification under Section 10 — description, claims, abstract and drawings. Claims define the breadth of protection.

3. File with IPO (Forms 1, 2, 3, 5, 28)

Submit on ipindia.gov.in. Government fee depends on applicant category (₹1,600 for individual/startup e-filing for provisional/complete up to limits). Secure priority date.

4. Publication

Application is published after 18 months (or earlier on request via Form 9). Public can inspect the specification.

5. Request for Examination (Form 18 / 18A)

Must be filed within 48 months of priority/filing date. Without RFE the application is deemed withdrawn. Expedited examination (Form 18A) available for startups and eligible applicants.

6. Respond to FER

First Examination Report raises objections (prior art, Section 3/4, clarity). Reply within the prescribed period (typically 6 months) with amendments and arguments.

7. Grant & Certificate

On acceptance, the patent is granted and a certificate is issued. Term is 20 years from the filing date. Annual renewal fees apply from the 3rd year.

DOCUMENTS REQUIRED

What you need for Patent Filing

1. Form 1 — Application

Main application with applicant and inventor details, title of invention and address for service.

2. Form 2 — Specification

Provisional or complete specification with description, claims, abstract and drawings as applicable.

3. Form 3 — Section 8 Statement

Statement regarding corresponding foreign applications filed or to be filed.

4. Form 5 — Inventorship

Declaration of true and first inventor(s).

5. Form 28 — Entity Declaration

Declaration of applicant category (natural person, startup, small entity, other) for correct fee.

6. Form 26 — Power of Attorney

Authorisation for the patent agent to file and prosecute when filing through an agent.

GOVERNMENT FEES

Indicative Fee Structure (E-Filing)

DPIIT-recognised startups pay the same as natural persons (80% reduction vs large entity).

Fee Component Individual / Startup Small Entity Large Entity
Provisional / Complete (Form 1+2, up to limits) ₹1,600 ₹4,000 ₹8,000
Request for Examination (Form 18) ₹4,000 ₹10,000 ₹20,000
Expedited Examination (Form 18A) ₹8,000 ₹25,000 ₹60,000
Early Publication (Form 9) ₹2,500 ₹6,250 ₹12,500
Additional pages beyond 30 and claims beyond 10 attract extra fees. Physical filing attracts a surcharge. Exact fees confirmed at filing as per current Patent Rules.
TIMELINE

Regular vs Expedited Path

Stage Regular Examination Expedited (e.g. Startup)
Filing (Form 1 + Form 2) Day 0 Day 0
Publication 18 months (or early on request) Often 1 month (early publication)
RFE to FER 12–36 months (typical range) 1–6 months
FER response & prosecution 6–9 months 3–6 months
Grant 3–5 years from filing (overall) 12–24 months from filing (overall)
WHY CHOOSE US

Why Corporate Mart for Patent Registration?

01

Prior Art First

We run a thorough prior art search before drafting so you know novelty risks and can refine the invention or claims early.

02

Specification & Claims

Well-drafted specification and claims under Section 10 reduce FER objections and define the real scope of protection.

03

Full Form Set & IPO Filing

Forms 1, 2, 3, 5, 28 prepared and filed on ipindia.gov.in with correct applicant category for fee benefit.

04

FER Response Support

First Examination Report response is included in the package so prosecution continues toward grant with professional support.


Search → Draft → File → Publish → Examine → FER Reply → Grant
FAQ

Frequently Asked Questions

20 years from the date of filing. The term is non-extendable. Annual renewal (maintenance) fees are payable from the 3rd year onwards to keep the patent in force.

A provisional specification secures a priority date quickly without full claims. A complete specification (with claims) must be filed within 12 months of the provisional to continue the application toward examination and grant.

Yes. DPIIT-recognised startups pay the same government fees as natural persons — effectively an 80% reduction compared to large entity fees for most stages.

Within 48 months from the priority or filing date (Form 18 or 18A). Without RFE the application is deemed withdrawn regardless of the invention’s merit.

Regular path: typically 3–5 years from filing to grant. With expedited examination (e.g. for startups): often 12–24 months overall.

No. India has no grace period. Public disclosure before filing destroys novelty. File at least a provisional application before any publication, presentation or commercial launch without an NDA.

The FER is the first official examination report from the Patent Office raising objections (e.g. prior art, clarity, Section 3/4). You must respond within the prescribed period with amendments and arguments or the application may be refused.

For e-filing of provisional/complete application (within page/claim limits): ₹1,600 (individual/startup), ₹4,000 (small entity), ₹8,000 (large entity). Examination and other fees are additional and category-dependent.

FILE BEFORE YOU DISCLOSE

Secure Your Priority Date and 20-Year Patent Rights.

Comprehensive support: prior art search, specification drafting, IPO filing (Forms 1–5, 28), publication monitoring and FER response support. Startups save 80% on government fees.

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