How to File Patent Application in India — Complete Guide 2026 | Advocate Panchanand Shaw

What Can Be Patented in India?

Under the Patents Act, 1970, a patent is an exclusive right granted for an invention — a product or a process that provides a new way of doing something or offers a new technical solution to a problem. To be patentable, an invention must satisfy three criteria: (1) Novelty — the invention must be new and not known to the public before the date of filing, (2) Inventive Step (Non-Obviousness) — the invention must not be obvious to a person skilled in the art, (3) Industrial Applicability — the invention must be capable of being made or used in an industry.

What CANNOT be patented in India (Section 3): mathematical methods, business methods, computer programs per se, algorithms, methods of agriculture/horticulture, medical treatment methods, plants and animals in whole or part (except microorganisms), traditional knowledge, literary/dramatic/musical/artistic works (these are covered by copyright), mere discovery of a scientific principle, and inventions contrary to public order or morality.

Types of Patent Applications in India

• Provisional Application: Filed when the invention is at a conceptual stage and needs time for refinement. Establishes a priority date (the date of first filing). Must be followed by a Complete Specification within 12 months, failing which the provisional application is deemed abandoned.
• Complete Specification: The full and final description of the invention including claims, drawings, and abstract. This is the substantive application that is examined.
• Convention Application: Filed under the Paris Convention, claiming priority from an earlier patent application filed in a convention country (within 12 months).
• PCT National Phase Application: Filed in India after an international application under the Patent Cooperation Treaty (PCT) — within 31 months from the priority date.
• Divisional Application: Filed when the original application discloses more than one invention — the additional inventions are separated into divisional applications.
• Patent of Addition: For improvements or modifications to an invention for which a patent application has already been filed or a patent granted.

Step-by-Step Patent Filing Process

1. Patent Search (Prior Art Search): Before filing, conduct a comprehensive search on the Indian Patent Advanced Search System (ipindiaservices.gov.in), WIPO PATENTSCOPE, and Google Patents. Verify that your invention is truly novel and not already patented or published anywhere in the world.
2. Draft the Patent Specification: This is the most critical step — engage a registered patent agent or patent attorney. The specification includes: (a) Title of the invention, (b) Field of invention, (c) Background and prior art, (d) Summary of the invention, (e) Detailed description, (f) Claims (defining the scope of protection — worded with extreme precision), (g) Drawings/figures (if any), (h) Abstract.
3. Decide Provisional vs Complete: If the invention is fully developed and all details are finalized, file a complete specification. If R&D is ongoing, file a provisional specification to establish the priority date, and file the complete specification within 12 months.
4. Prepare Form 1 (Application for Grant of Patent): This form contains applicant details, inventor details, title of the invention, and type of application.
5. File on IP India Portal: Visit ipindia.gov.in → 'e-Filing' → 'Patents'. Log in with your user ID or create one. Fill Form 1 and upload the patent specification (Form 2), drawings, and abstract.
6. Attach Required Forms: Form 3 (statement and undertaking on foreign filings — mandatory), Form 5 (declaration as to inventorship), Form 26 (power of attorney — if filed through a patent agent), and Form 28 (for claiming startup/small entity status for reduced fees).
7. Pay the Filing Fee: Fees vary by applicant type: Natural person/startup: ₹1,600; Small entity: ₹4,000; Large entity (companies): ₹8,000. These are basic filing fees — additional fees apply for extra pages and claims.
8. Publication: The application is published in the Patent Office Journal after 18 months from the priority date. Early publication can be requested (Form 9) — the application is published within 1 month of the request.
9. Request for Examination (RFE): Patent examination is NOT automatic — you must file Form 18 requesting examination within 48 months from the priority date. Examination fee: ₹4,000 (natural person/startup), ₹10,000 (small entity), ₹20,000 (large entity).
10. First Examination Report (FER): The patent examiner examines the application and issues the FER, listing objections (lack of novelty, inventive step, clarity issues, etc.). Respond to the FER within 6 months (extendable by 3 months).
11. Hearing (if required): If the controller is not satisfied with the response, a hearing is held. Arguments are presented, and the controller makes a decision.
12. Grant of Patent: If the application overcomes all objections, the patent is granted and published in the Patent Office Journal. The patent is valid for 20 years from the date of filing (subject to payment of annual renewal fees).

Patent Costs in India (Estimated)

The total cost of obtaining a patent in India (from filing to grant) for a standard mechanical/electrical invention depends on the applicant type: Natural person/startup: ₹20,000-40,000 (government fees) + ₹30,000-80,000 (professional fees). Large entity (company): ₹50,000-1,00,000 (government fees) + ₹50,000-1,50,000 (professional fees). These are estimates for a straightforward patent without extensive objections. Complex patents (pharmaceuticals, biotech, software) with multiple examination reports and hearings can cost significantly more. Annual renewal fees apply from the 3rd year onwards.