Patents are power. They protect ideas. They turn innovation into ownership. For Indian startups, inventors, and businesses, a patent is more than a certificate - it’s a shield against copycats and a ticket to commercialization. If you’ve been wondering how to file a patent in India, here’s your no-nonsense guide.
What is a patent?
A patent in India is a government-granted right for an invention. It gives the inventor full control for 20 years. You can make it, use it, sell it, or license it. Others can’t copy or profit from it without consent. A patent application in India goes beyond paperwork. It secures exclusivity in the market. It protects your business advantage. It builds credibility for funding and partnerships. Think of it as a legal shield. Your idea is the treasure. The patent is the lock. And you hold the only key.
Types of patents you can file
Utility Patents - protect inventions or processes that solve a problem and can be used in industry. They cover how something works.
Design Patents - protect the unique look or shape of a product. They don’t cover function — only appearance.
You can also choose between provisional and complete patent applications in India.
Provisional Patent - secures your filing date while you finish research or testing. It buys you 12 months.
Complete Patent: gives the full technical specification, claims, and drawings. It defines your rights clearly.
Together, these routes let you protect both how your product works and how it looks.
Step-by-step process to file a patent
This is where most innovators freeze. But here’s the map.
1. Conduct a patent search
The first step is to confirm if your idea is new. A patent search in India helps you find out if someone else has already filed something similar. Use Indian Patent Advanced Search System (InPASS) or the IPO Patent Search portal. Both let you check published and granted patents. Why does this matter? It shows whether your invention is truly novel. It helps you refine your claims. And it saves you from wasting money on an idea that can’t be patented. Think of it as scanning the battlefield before you enter.
2. Draft the patent application
This is the most critical step. Patent drafting in India is not just writing — it’s strategy. One wrong word can limit your rights.
Provisional draft: It’s the quick option. It’s cheaper. It secures your filing date. And it gives you 12 months to refine your invention. Perfect if your idea is still evolving.
Complete draft: It’s the full package. It includes detailed specifications, claims, drawings, and an abstract. This is the version that defines your exclusive rights for 20 years.
The real challenge? Drafting strong claims. Claims are the legal backbone. Weak claims = weak protection. Always work with a patent agent or attorney. They know how to draft claims that survive objections, rejections, and even court disputes. Think of drafting as building armor for your idea. The stronger the armor, the safer your invention.
3. File the application with the Indian Patent Office
Once your draft is ready, it’s time to file. The simplest way is online. Use the **IPO e-filing portal**. To log in, you’ll need a Digital Signature Certificate (DSC). Here are the main documents and forms you must prepare:
- Form 1 – Application form with inventor details.
- Form 2 – Specification. This can be provisional or complete. It must include the abstract, claims, and technical drawings/diagrams.
- Form 3 – Statement of foreign applications, if filed elsewhere.
- Form 5 – Declaration of inventorship.
- Form 26 – Power of attorney if you are using a patent agent.
- Form 28 – For startups, small entities, or educational institutes to claim fee discounts.
- Proof of right – Needed if the application is filed by an assignee.
If you want to know how to file a patent application in India online, the IPO site also guides you to some extent. Upload forms, attach documents, sign digitally, and pay fees through the BharatKosh gateway. Once complete, you’ll get an acknowledgment with the filing date, time, and application number. That number becomes your patent’s official identity. Think of it as the birth certificate of your invention.
4. Publication & examination request
Your patent will be automatically published after 18 months. Want it sooner? File Form 9 for early publication. Then, request an examination with Form 18. Without this, your application will just sit idle. The examiner checks your invention for novelty, inventive step, and industrial use. This stage decides whether your idea moves forward or dies on paper.
Normal examination - slower, part of the long queue.
Expedited examination - faster. Available for startups, small entities, government institutions, and women applicants under Rule 24C.
This is called the accelerated patent examination India process. It can cut years off the wait.
5. Examination, objections & reply
After you file Form 18, the IPO assigns an examiner. Their job is to test your invention against three standards:
Novelty - Is it new?
Inventive step - Is it more than obvious?
Industrial applicability - Can it be used in practice?
The examiner issues a First Examination Report (FER). It usually comes with objections. Don’t panic — almost every inventor receives them. Objections may question your claims, demand more clarity, or point to prior art. This is your chance to prove why your invention deserves a patent. You have 12 months to respond. You can file clarifications, amend claims, or request a hearing. Work closely with a patent agent — strong replies can save your application.
6. Grant of patent
If all objections are resolved, the IPO moves to the final stage. Your invention is granted a patent in India. The grant is published in the Patent Journal. From that date, you hold full legal rights under Section 48 of the Patents Act, 1970. You can stop others from making, selling, or importing your invention without consent. You can license it. You can monetize it.
Cost of filing a patent in India
The cost to file a patent in India depends on who you are - an individual, a startup, or a company. Government fees are lower for small entities and higher for large corporations.
- Individuals/Startups pay ₹1,600 to file and ₹4,000 for the examination request.
- Small entities pay ₹4,000 to file and ₹10,000 for examination.
- Large companies pay ₹8,000 to file and ₹20,000 for examination.
But these are not the only expenses. Filing a provisional application can cost anywhere between ₹1,600 and ₹8,000. If you want early publication with Form 9, add another ₹2,500 to ₹12,500. Then comes professional support. A patent agent or attorney may charge anywhere between ₹40,000 to ₹70,000+, depending on how complex your invention is. This includes patent drafting, claim writing, and responses to objections. In short, patent fees in India 2025 vary widely. An individual might spend ₹25,000 overall, while a company could spend lakhs if the invention is complex.
Timeline: How long does it take?
The patent application timeline in India depends on the route you choose. On the normal route, the process can take anywhere from 2 to 5 years. The delay comes from the examination backlog, multiple objections, and possible hearings. On the expedited route, things move much faster. Startups, small entities, women applicants, and a few other categories can request fast-track review. In that case, the process can finish in just 1 to 2 years.
So, how long does the patent process take in India? The honest answer: it varies. If your draft is strong, your replies to objections are clear, and you qualify for expedited examination, you can cut years off the wait.
Common mistakes to avoid when filing a patent
- The most common patent filing mistakes in India start with skipping the search. Without a proper patent search, you may spend years chasing an idea that was never new.
- Another big mistake is weak drafting. Vague claims or incomplete specifications make your patent easy to reject — or easy for competitors to work around.
- Deadlines are deadly serious. Missing a date for filing, examination, or reply can mean losing rights forever. There are no second chances.
- And finally, filing without expert help. Patent law is technical and legal at once. When the invention is valuable, doing it alone is a gamble you can’t afford.
Don’t just file…Win!
Patents are complex. Searches, drafting, objections, deadlines — every step has risks. That’s where experience makes the difference. At Trademarkia, our patent attorneys make the process simple, fast, and the most affordable for inventors and startups. Your idea deserves more than paperwork. It deserves protection. It deserves the right strategy. With the right help, your patent is not just filed. It’s secured.
