Innovation is valuable only when it is protected. In India, a patent gives the inventor exclusive rights over an invention, preventing others from making, selling, or using it without permission. If you are an entrepreneur, researcher, or startup founder, understanding how to apply for a patent in India is essential to safeguard your ideas.
This guide explains the eligibility, process, costs, and tips for filing a patent in India.
Who Can Apply for a Patent in India?
Any of the following can file a patent application in India:
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An individual inventor
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A startup or small entity
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A company or organization
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An assignee or legal representative of the inventor
Startups recognized under DPIIT (Department for Promotion of Industry and Internal Trade) also enjoy special benefits like fee rebates and fast-track processing.
Requirements for Patent Application in India
To be patentable, your invention must satisfy three key criteria:
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Novelty – The invention must be new and not published anywhere before the filing date.
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Inventive Step – It must not be obvious to a person skilled in the field.
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Industrial Application – The invention must be capable of practical use in an industry.
Step-by-Step Process: How to Apply for a Patent in India
1. Patent Search
Before applying, conduct a patent search to check whether your invention is unique. This prevents rejection due to existing patents.
2. Drafting the Patent Application
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Provisional Application – Filed when the invention is still under development; secures a priority date.
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Complete Specification – Filed with full details, claims, and drawings when the invention is complete.
3. Filing the Patent Application
Submit your application online or at the Indian Patent Office with necessary forms and fees. Key forms include:
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Form 1 – Application for grant of patent
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Form 2 – Provisional/Complete specification
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Form 3 – Statement of undertaking
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Form 5 – Declaration of inventorship
4. Publication of Patent Application
The application is published in the Patent Journal after 18 months from filing, or earlier upon request for early publication.
5. Request for Examination (RFE)
The applicant must file a request for examination within 48 months from the priority date. The examiner reviews the application for patentability.
6. First Examination Report (FER)
The Patent Office issues an examination report with objections (if any). The applicant must respond within six months.
7. Grant of Patent
If all objections are resolved, the patent is granted and notified in the Patent Journal.
8. Patent Renewal
The granted patent is valid for 20 years from the filing date, subject to payment of annual renewal fees.
Cost of Applying for a Patent in India
The cost depends on the type of applicant and professional fees:
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Government Fees (Startups/Individuals): Filing ₹1,600 – ₹4,000; Examination ₹4,000
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Government Fees (Companies): Filing ₹8,000 – ₹20,000; Examination ₹20,000
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Professional Drafting & Attorney Fees: ₹25,000 – ₹60,000 depending on complexity
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Maintenance Fees: Annual renewal fees apply after the third year
So, the overall cost to apply for a patent in India can range from ₹40,000 to ₹1,50,000.
Benefits of Patent Registration in India
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Exclusive legal rights for 20 years
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Commercial advantages through licensing or selling patents
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Stronger market position against competitors
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Higher startup valuation for investors and funding
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Global recognition and easier international patent filing
Tips for a Successful Patent Application
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File early before publicly disclosing your invention.
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Use a patent agent or attorney to draft strong claims.
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Take advantage of Startup India rebates if eligible.
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Monitor deadlines for publication, examination, and renewals.
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Keep detailed documentation of your invention process.
Filing a patent may seem complex, but with the right guidance, the process is straightforward. Understanding how to apply for a patent in India helps innovators secure their intellectual property, attract investors, and scale their business confidently.
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Disclaimer
This blog on how to apply for a patent in India is for educational purposes only and does not constitute legal advice. Innovators should consult a registered patent attorney or patent agent for professional assistance.