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.
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
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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
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.
Industrial Applicability (Section 2(1)(ac))
The invention must be capable of being made or used in some kind of industry, including agriculture.
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
Product Patents
Protect the product itself regardless of how it is made — e.g. pharmaceutical drugs, chemical compounds, mechanical devices.
Process Patents
Protect methods of manufacturing or producing something — e.g. synthesis routes, manufacturing processes.
Utility / Machine / Composition
New and useful processes, machines, manufactures or compositions of matter that meet the three patentability criteria.
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?
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.
Specification & Claims
Well-drafted specification and claims under Section 10 reduce FER objections and define the real scope of protection.
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.
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.
