Patent Filing in India: Process, Cost, Timeline

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)
Computer-related inventions with a technical effect (not a computer program per se)

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 (ipindiaonline.gov.in). Or at any of the 4 patent offices (Delhi, Mumbai, Chennai, Kolkata).

Step 4: Publication

Application is published 18 months from the priority or filing date (or earlier on request in Form 9). Published in the Patent Office Journal.

Step 5: Examination Request

The applicant must file a request for examination in Form 18 within 31 months from the priority date or the filing date, whichever is earlier ([Rule 24B of the Patents Rules, 2003](https://ipindia.gov.in/acts/patent-rules-2003/rule-24b)). If no request is filed in time, the application is treated as withdrawn.

Step 6: Examination + FER (First Examination Report)

Patent Examiner reviews + issues FER (objections + prior art). Timing depends on the Patent Office queue. The application must be put in order within 6 months of the FER, extendable by 3 months.

Step 7: Reply to FER

Patent Agent responds to FER, argues novelty + non-obviousness, amends claims if needed.

Step 8: Hearing

If objections remain, the applicant can request a hearing. The Controller 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 priority or filing date
Examination request (Form 18)	Within 31 months of priority or filing date, whichever is earlier
First Examination Report (FER)	Depends on the Patent Office queue (faster with Form 18A)
Reply to FER	Within 6 months, extendable by 3
Hearing (if needed)	As fixed by the Controller
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 (Form 1, provisional or complete)	₹1,600 (no further base fee for a complete filed after a provisional)
Examination request fee (Form 18 / Form 18A)	₹4,000 / ₹8,000
Renewal fee (per year, from 3rd year)	₹800-₹8,000
Total cost (start to grant)	₹50,000-₹2,00,000
Our service fee (startup-friendly)	From ₹17,499

Fast-Track Patent (Startup India)

DPIIT-recognised startups, small entities and certain other applicants can ask for expedited examination by filing Form 18A, which usually brings the examination report much sooner than the normal queue. The official Form 18A fee (IP India, First Schedule) is ₹8,000 in the reduced column (startups, small entities and other reduced-fee applicants who qualify under Rule 24C) and ₹60,000 for others.

Frequently Asked Questions

Q: How long is a patent valid in India?

A: 20 years from the date of filing (Section 53), subject to payment of annual renewal fees from the third year. Indian law does not provide any extension of the patent term.

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.

File your patent — from ₹17,499, through our registered patent agent partner

Patent Filing in India — Process, Cost, Timeline (2026)