Patent Filing in India — Process, Cost, Timeline (2026)
Patent filing in India — what can be patented, process, fees, timeline, types (provisional, complete). From ₹19,999. Patent Agent-led.
A patent protects a new invention or process. In India, patents are granted by the Patent Office, Government of India, under the Patents Act, 1970. In this guide, we cover the patent filing process, cost, and timeline.
What is a Patent?
A patent is an exclusive right granted for a new, useful, and non-obvious invention. It gives the patent holder the right to exclude others from making, using, selling, or importing the patented invention for 20 years. Governed by the Patents Act, 1970.
What Can Be Patented in India?
- Product (machine, device, article)
- Process (method of manufacturing, treatment)
- Composition of matter (chemical compound, mixture)
- Biotechnology (microorganism, gene sequence — with restrictions)
- Software (as part of a hardware invention, not pure software)
- Business method (with restrictions — must include technical innovation)
What Cannot Be Patented?
- Abstract ideas, theories, mathematical methods
- Discovery of a natural substance
- Mental or business method (per se)
- Computer program per se (but software + hardware can be)
- Method of agriculture, horticulture, animal husbandry
- Atomic energy inventions
- Inventions contrary to public order, morality, or human / animal life
- Plants and animals (other than microorganisms)
- Traditional knowledge
Types of Patent Applications
- Provisional Application — establishes priority date, gives 12 months to file complete application. Useful when invention is still in development.
- Complete Application — full specification, claims, abstract, drawings. Filed directly or within 12 months of provisional.
- PCT Application — international patent under the Patent Cooperation Treaty. Gives 30-31 months to enter national phases.
- Convention Application — for foreign priority (must file within 12 months of foreign filing).
- Divisional Application — split from an existing application (e.g., when Examiner objects to lack of unity).
Patent Filing Process
Step 1: Patentability Search + Analysis
Conduct a patentability search (novelty + non-obvious + utility) before filing. Search: Indian Patent Office database, WIPO PATENTSCOPE, Google Patents, Espacenet. Cost: ₹5,000-₹15,000 for professional search.
Step 2: Draft Patent Application
Drafted by a registered Patent Agent. Includes: title, abstract, background, summary, detailed description, claims (most important part), drawings. Cost: ₹15,000-₹50,000.
Step 3: File Application
File online on the Indian Patent Office e-filing portal (ipindiaservices.gov.in). Or at any of the 4 patent offices (Delhi, Mumbai, Chennai, Kolkata).
Step 4: Publication
Application is published 18 months after filing (or earlier on request). Published in the Patent Office Journal.
Step 5: Examination Request
Applicant must request examination within 48 months of filing (or priority date). Without examination, application is deemed withdrawn.
Step 6: Examination + FER (First Examination Report)
Patent Examiner reviews + issues FER (objections + prior art). 6-12 months after examination request. Applicant must respond within 6 months (extendable to 12).
Step 7: Reply to FER
Patent Agent responds to FER, argues novelty + non-obviousness, amends claims if needed.
Step 8: Hearing
If not satisfied, applicant can request a hearing. Hearing officer decides.
Step 9: Grant
If the application is in order for grant, the patent is granted + published in the Patent Office Journal.
Timeline
| Step | Timeline |
|---|---|
| Patentability search | 1-2 weeks |
| Drafting + filing | 1-4 weeks |
| Publication | 18 months from filing |
| Examination request | Within 48 months of filing |
| First Examination Report (FER) | 6-12 months after request |
| Reply to FER | Within 6-12 months |
| Hearing (if needed) | 2-6 months after request |
| Grant | 1-3 months after allowance |
| Total | 3-5 years (typical) |
Cost
| Item | Cost (for individual / startup) |
|---|---|
| Patentability search | ₹5,000-₹15,000 |
| Patent drafting (Indian Patent Agent) | ₹15,000-₹50,000 |
| Government filing fee (provisional) | ₹1,600 |
| Government filing fee (complete) | ₹4,000-₹8,000 |
| Examination request fee | ₹4,000-₹20,000 |
| Renewal fee (per year, after 3rd year) | ₹1,000-₹5,000 |
| Total cost (start to grant) | ₹50,000-₹2,00,000 |
| Our service fee (startup-friendly) | From ₹19,999 |
Fast-Track Patent (Startup India)
DPIIT-recognised startups get fast-track patent examination. Application is processed within 1-2 years (vs 3-5 years normal). Fee: ₹8,000 for individuals / startups (vs ₹28,000 normal).
Frequently Asked Questions
Q: How long is a patent valid in India?
A: 20 years from the date of filing. For pharmaceutical + agrochemical patents, can be extended for up to 5 years (Section 53).
Q: Can a software algorithm be patented in India?
A: Pure software algorithms cannot be patented (Section 3(k) of the Patents Act). But software + hardware (e.g., a new machine learning model implemented in a specific hardware configuration) can be patented.
Q: What is the difference between provisional and complete patent?
A: Provisional: establishes priority date, simpler, gives 12 months to file complete. Complete: full specification + claims, examined for patentability. Provisional is recommended for inventions still in development.