AI is changing invention. Smarter code. Faster machines. Ideas that once lived only in the human mind now come from silicon. But here’s the twist. In India, AI can’t be the inventor. The law says only a person can. So if you built it, you own it. To protect it, you must step forward as the inventor and prove one thing - your AI gives a real technical solution, not just math on a screen.
This guide walks you through the procedure to file patent in India, what makes AI patentable, and how to dodge the traps that trip most applicants.
Patentability of AI in India
Not every AI creation can be patented. The law in India draws a hard line. It blocks what it calls a computer program per se. That means code by itself won’t pass. To qualify, your invention must do more than run an algorithm. It must show a clear technical effect. Something real. Something measurable. So, what are the key requirements for a patent application India?
Novelty: Your invention must be new. If it’s already published or used anywhere, it’s out!
Inventive step: It must not be obvious. If a skilled person in the field looks at it and says, “I could have thought of that,” the examiner will likely reject it. AI makes this tricky, because many improvements feel incremental. You need to prove your work stands apart.
Industrial application: The invention must have use in an industry. It must work in the real world, not just in theory. It could power a factory, streamline a network, or run inside a phone.
Technical effect: This is the most important test for AI. The invention must deliver something practical: faster processing, reduced energy, stronger security, or even better resource management. The law wants to see impact, not just clever math.
If your AI creation can check all these boxes - novelty, inventive step, industrial application, and technical effect - you’re ready. The door to patent filing India is open.
How to file a patent in India step by step
Filing a patent in India is not just paperwork. It’s strategy. It’s proof. Here’s the procedure to file patent in India 2025, broken into clear steps.
1. Develop and document your idea
Every strong patent starts with clarity. Write down what your AI does. Show the architecture. Note the training methods. Explain the technical effect. Don’t just say “it predicts better.” Say how it predicts better. Maybe it cuts processing time by 30%. Maybe it reduces power use.
The Patents Act, 1970, under Section 10, requires a full and detailed specification. Vague claims won’t hold. Courts have reinforced this in National Research Development Corporation v. Delhi Cloth & General Mills Co. Ltd. (AIR 1980 Delhi 132), where lack of clarity hurt the case.
2. Conduct a patent search
Before you file, look back. Check if someone already claimed it. This is called a patent search. It saves you from wasting years. You can search through the Indian Patent Advanced Search System (InPASS). Look for similar inventions worldwide. This helps prove novelty and inventive step, both required under Section 2(1)(j) of the Act. If you’re new, get help. Many startups hire an experienced registered patent agent. It’s smarter than risking rejection.
3. Draft your patent application
This is the heart of the process. Drafting is not just writing - it’s framing. Focus on the application of the AI, not the algorithm alone. Show how it solves a technical problem. Clearly list the human developers as inventors (since AI cannot be one, as seen in the DABUS case, where India’s Controller General rejected the application No. 202017019068).
The Indian Patent Office (IPO) follows the Computer-Related Inventions (CRI) Guidelines, 2017. These demand you show a technical contribution beyond software.
4. Choose between provisional vs complete patent
You have two routes.
Provisional application: Quick and simple. It secures your priority date. You get 12 months to polish your claims.
Complete specification: Full details. The examiner reviews it line by line.
The difference between provisional vs complete patent India is crucial. File provisional if your AI is evolving. File complete if it’s ready. Remember: If you miss filing the complete within 12 months, the provisional lapses under Section 9(1).
5. File the application
You can file patent application in India online via the official IPO portal. The cost to file patent in India for startup is subsidized. Under the Startup India scheme, filing fees are reduced by 80%. That means lower upfront costs, while still securing protection. Use Form 1 (application), Form 2 (specification), and Form 5 (declaration of inventorship).
6. Request examination
Filing alone isn’t enough. You must ask for an examination. This is done by filing Form 18 within 48 months from the priority date. The examiner checks novelty, inventive step, and compliance. They issue a First Examination Report (FER). This was stressed in Telefonaktiebolaget L.M. Ericsson v. Intex Technologies (2015 (61) PTC 90 (Del)), where strong technical arguments helped defend patents.
7. Respond to objections
The FER often raises objections. Don’t panic. It’s normal. You get 12 months to reply. You must prove your invention is new, inventive, and industrially useful. Good drafting helps here. Weak claims collapse under scrutiny. Strong ones survive.
8. Grant and publication
Once objections are cleared, the patent filing turns into a granted patent. It gets published in the Patent Journal. From that day, you have the exclusive right to stop others from making, using, or selling your invention without consent - under Section 48 of the Patents Act. Enforcement is possible in civil courts, as seen in Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2009 (40) PTC 689 (Mad)), where patent rights were upheld strongly.
From idea to grant, every stage demands care. The law is strict. The process is long. But the reward is 20 years of protection.
Forms and documents required
Many inventors ask the same thing: what documents are required for patent filing in India? The answer is simple, but each paper matters. Miss one, and your patent application may fail. Here are the main forms and documents you need:
Form 1 - Application form: This carries the details of the applicant and inventor. It’s your entry ticket.
Form 2 - Specification: This is the core of your application. It can be provisional or complete. It must include the abstract, description, claims, and technical drawings. Courts have stressed the value of detail. In National Research Development Corporation v. Delhi Cloth & General Mills (AIR 1980 Delhi 132), lack of proper disclosure weakened protection.
Form 3 - Statement of foreign applications: If you’ve filed for the same invention outside India, you must declare it here. Section 8 of the Patents Act, 1970 makes this mandatory.
Form 5 - Declaration of inventorship: A signed form confirming who the true inventor is. Since Indian law accepts only natural persons as inventors (see the DABUS rejection, Application No. 202017019068), this form cements human inventorship.
Form 18 - Request for examination: Filing alone won’t move your application. You must request an examination. Without this, the examiner won’t even look at your file.
Form 26 - Power of attorney: Needed if you are working through a patent agent. The Patents Act allows only registered agents or advocates to represent inventors in front of the Patent Office.
Form 28 - For startups, small entities, and educational institutes: This form helps claim reduced fees. Under the Startup India initiative, fees for patent filing India are 80% lower for startups.
Proof of right: If the application is filed by an assignee and not the inventor directly, this document shows the legal right to apply.
Cost of filing a patent in India
The cost to file a patent in India is not the same for everyone. It depends on who you are - an individual, a startup, or a company. The government fees are clear:
- Individuals/Startups: ₹1,600 to file. ₹4,000 for the examination request.
- Small entities: ₹4,000 to file. ₹10,000 for examination.
- Large companies: ₹8,000 to file. ₹20,000 for examination.
But these are just the starting numbers. Some hidden extra costs include:
- Provisional application: ₹1,600–₹8,000. Good if you need time to refine.
- Early publication (Form 9): ₹2,500–₹12,500. Speeds up the process.
- Professional fees: ₹40,000–₹70,000+ for a patent agent or attorney. This covers drafting, claims, and responding to objections.
So, the patent fees in India 2025 vary. An individual may spend around ₹25,000 overall. A company may spend lakhs for a complex invention. In Enercon (India) Ltd. v. Aloys Wobben (2013 (5) SCC 566), the Supreme Court underlined the importance of proper drafting and procedure. That’s why professional help often makes the difference between grant and rejection.
Timeline: how long does it take?
The patent application timeline India is not fixed. On the normal route, expect 2 to 5 years. The wait comes from the examiner’s backlog, objections, and possible hearings. On the expedited route, it’s faster. Startups, small entities, women applicants, and some other categories can request this. Here, the process can finish in 1 to 2 years.
The law backs this. Rule 24C of the Patent Rules, 2003 provides for expedited examination in specific cases. The Delhi High Court in Ferid Allani v. Union of India (2019 SCC OnLine Del 11867) also pushed for faster handling of computer-related inventions, showing the courts recognize delays as a barrier. So, how long does the patent process take in India? It varies. A strong draft, clear replies to objections, and eligibility for expedited examination can cut years off the wait.
Special case: software and AI patents
Many inventors ask: how to file patent for software in India? The answer is not simple. Under Section 3(k) of the Patents Act, 1970, algorithms and computer programs per se are excluded. That means you cannot patent pure code. But there’s a way forward. If your software shows a technical effect, it can qualify. For example:
- Better memory use.
- Faster processing speed.
- Secure communication systems.
- Improved machine control.
This rule applies to AI inventions as well. You can’t claim an algorithm alone. You must show how the AI gives a real-world technical solution. The Computer-Related Inventions (CRI) Guidelines, 2017 from the IPO make this clear. And courts have backed it. In Ferid Allani v. Union of India (2019 SCC OnLine Del 11867), the Delhi High Court said that denying patents only because the invention involves software is not correct. If it shows a technical contribution, it can be patentable. The key is to frame your invention around the application. Not just the code.
After filing: renewal and status check
Winning a patent is not the end. It’s the start. In India, patents last 20 years. But you must pay renewal fees from the 3rd year onward, every year until the 20th. The fee grows as the years pass. Miss it, and the patent lapses under Section 53 of the Patents Act, 1970. That’s why tracking matters. Knowing how to check patent status India IPO is essential.
The IPO website provides an online tool. Enter your application number, and you can see updates - filing date, FER, hearings, renewals, and grant status. Think of it as the official dashboard for your invention. Courts treat lapses seriously. In Svenska Cellulosa Aktiebolaget v. Bal Kishan (AIR 1984 Del 142), the Delhi High Court stressed that renewal fees are mandatory to keep patent rights alive.
Alternatives to patents
Not every AI invention clears the patent test. But protection doesn’t end there.
Copyright: Protects the source code of your software as a literary work under the Copyright Act, 1957. But remember - it protects expression, not function.
Trade secrets: Keep your training data, algorithms, or business methods confidential. No registration needed. But secrecy is key. Once leaked, the protection is gone.
These can work with patents too. For example, you may patent the system architecture while keeping the training dataset as a trade secret. Courts recognize trade secrets as valuable. In American Express Bank Ltd. v. Priya Puri (2006 (110) DLT 548), the Delhi High Court protected confidential business information as a trade secret, even without formal registration. If your AI or software invention fails the patent test, don’t give up. Use copyright and trade secrets. Combine protections. Build a stronger wall around your innovation.
Future of AI needs your name on it!
AI is rewriting the rules of invention. But India’s patent law is clear on one point: humans remain the inventors. If you want to protect your AI creation, you must position yourself as the innovator, frame your claims around technical effects, and follow the patent application timeline India carefully.
Patents are powerful tools. They secure your rights, attract investors, and give you an edge in the market. If you’re unsure about the feasibility of self-filing patent in India, that’s where experience counts. At Trademarkia, our patent attorneys know the system inside out. They handle searches, filings, objections, and renewals. They make sure your invention is protected the right way. So while you focus on building, they focus on shielding. Your idea deserves that!
