How to File a Patent in India
Have you come up with an innovative idea or product that you want to protect legally? Filing a patent in India is one of the most powerful ways to secure your intellectual property.
In this detailed guide by Aggarwal Associates, we’ll walk you through the complete patent filing process in India, including the cost, timeline, and everything in between.
🔍 What Is a Patent and Why Is It Important?
A patent is a legal right granted to an inventor that prevents others from making, using, selling, or distributing their invention without permission. It’s your shield in the competitive world of innovation. Why file a patent? – Exclusive legal rights to your invention – Prevents others from copying your idea – Opens doors for licensing and monetization – Builds credibility and business value
🧠 Pre-Filing Essentials: Are You Patent-Ready?
Before jumping into filing, make sure your invention is patentable. Here’s what you should check:
✔️ Patentability Criteria:
- Novelty – Is your idea new?
- Inventive Step – Is it not obvious to others in the field?
- Industrial Application – Can it be made or used in some kind of industry?
🧾 Prior Art Search:
Conducting a prior art search helps you ensure that your invention hasn’t already been patented. You can do this via the IP India website or seek help from a professional.
📄 Provisional vs. Complete Specification:
- Provisional Patent: Quick way to claim “patent pending” status. Useful if you’re still developing your invention.
- Complete Specification: Detailed document that defines the invention. Required for the actual examination and grant.
🧑💼 Step-by-Step Process to File a Patent in India
Filing a patent application in India involves several key steps. Here’s a simplified breakdown:
Step 1: Draft the Patent Application
Prepare either a provisional or complete specification. This document includes title, background, claims, abstract, and technical drawings.
Step 2: File the Application (Offline or Online)
You can file your patent:
- Online via the IP India Portal
- Offline at the nearest Patent Office
Step 3: Publication of Patent
Your patent application is published in the journal after 18 months unless you request early publication (with an extra fee).
Step 4: Request for Examination (RFE)
You must file an RFE within 48 months from the date of filing. Only then does the patent get examined.
Step 5: Response to First Examination Report (FER)
The examiner may raise objections. You (or your patent attorney) must respond with necessary clarifications or amendments.
Step 6: Grant of Patent
If the examiner is satisfied, your patent will be granted and published in the Patent Journal.
Step 7: Renewal & Maintenance
Once granted, a patent in India is valid for 20 years. You’ll need to pay patent renewal fees annually.
💰 Cost of Filing a Patent in India
The cost of patent registration in India can vary depending on the type of applicant and services used.
| Service | Individual/Startup | Company |
|---|---|---|
| Application Filing | ₹1,600 – ₹1,750 | ₹8,000 |
| Examination Request | ₹4,000 | ₹20,000 |
| Early Publication (Optional) | ₹2,500 | ₹12,500 |
| Legal/Attorney Fees (if applicable) | ₹10,000 – ₹40,000 | Varies |
💡 Using a patent attorney ensures better quality and fewer delays, especially during FER responses.
⏳ Timeline of Patent Registration in India
While the average timeline for patent registration in India is 6 to 48 months, it largely depends on how quickly each stage progresses and if any objections or oppositions arise.
| Stage | Estimated Time |
|---|---|
| Filing to Publication | 18 months (can be expedited) |
| RFE to Examination | 3–12 months |
| Examination to Grant | 6–12 months (if no opposition) |
🔄 Want to speed things up?
- Request early publication
- Submit a complete specification upfront
- Ensure professional patent drafting to avoid objections
⚖️ Common Challenges and How to Avoid Them
- ❌ Incomplete or vague application → ✅ Hire a patent attorney
- ❌ Delays in filing RFE → ✅ Set calendar reminders
- ❌ Ignoring prior art → ✅ Conduct thorough research
- ❌ Poorly drafted claims → ✅ Get help with technical writing
🌐 How to File a Patent Online in India
- Visit the IP India Portal
- Create an account and log in
- Upload your documents (specification, drawings, claims)
- Pay fees online
- Receive Trademark Application Number for tracking
💡 You’ll need a Class III Digital Signature Certificate (DSC) to complete the process.
👨⚖️ Do You Need a Patent Attorney?
Technically, no — but practically, yes. A patent attorney can:
- Conduct prior art searches
- Draft high-quality claims
- Handle FER responses & hearings
- Save you time and legal headaches
Aggarwal Associates offers end-to-end patent filing services to ensure your innovation is protected with precision and professionalism.
🤝 Ready to File Your Patent? Let Aggarwal Associates Guide You
Filing a patent in India may seem overwhelming, but with the right guidance, it becomes a strategic investment in your innovation. Whether you’re an entrepreneur, startup, or individual inventor, protecting your idea starts with taking that first legal step.
🔒 Ready to file your patent? Get in touch with Aggarwal Associates — your trusted partner for all things IPR.
FAQs about How to File a Patent in India
Can I file a patent before launching my product?
Yes, and it’s highly recommended to secure your idea early.
What is the validity of a patent in India?
A patent is valid for 20 years from the filing date.
Can I file for a patent in multiple countries?
Yes, through the Patent Cooperation Treaty (PCT) or filing separately in each country.
How do I check the status of my patent application?
Visit the IP India website and enter your application number.
Can I patent both the brand name and invention?
You can file a trademark for the brand name and a patent for the invention—both offer distinct protections.