India has a robust patent system under the Patents Act, 1970 — protecting inventions in technology, manufacturing, pharmaceuticals, biotechnology, software (with hardware component), and more. A patent gives its holder the exclusive right to make, use, sell, and import the invention for 20 years from the filing date. For innovators, entrepreneurs, and startups, securing a patent is one of the most valuable intellectual property assets you can hold. This guide explains the complete patent process in India.
💡 Have an invention or new product idea? Our IP advisory team provides patent eligibility assessment, prior art search, provisional and complete patent application drafting, and DPIIT startup fee rebate facilitation — for inventors and businesses in Banda, UP, NCR, and across India. Send an Enquiry →
1. What is a Patent and What Can Be Patented?
A patent is a statutory right granted by the government that gives the inventor exclusive rights to exploit the invention commercially for 20 years (from filing date). In exchange, the inventor publicly discloses the invention — contributing to the knowledge pool.
What can be patented in India:
- New machines, devices, and mechanical inventions
- New chemical compounds, formulations, and processes
- New pharmaceutical drugs (process patents — product patents for pharma are limited)
- New manufacturing processes and methods
- Biotechnology inventions and genetically modified organisms (with conditions)
- Software inventions — only if tied to a specific technical application and hardware (not algorithms alone)
- New use of a known compound (limited patentability)
What cannot be patented: Scientific theories, mathematical methods, mental acts, methods of treatment, plants and animals (except microorganisms), traditional knowledge, inventions contrary to morality or public order.
2. Patentability Criteria Under Indian Patent Act
For an invention to be patentable in India, it must meet three key criteria:
- Novelty (New): The invention must not be known or used anywhere in the world before the filing date — it should not have been disclosed in any publication, patent document, or public use
- Inventive Step (Non-obvious): The invention must not be obvious to a person skilled in the relevant field — it must involve a technical advancement or economic significance
- Industrial Application: The invention must be capable of being made or used in some industry — purely theoretical inventions are not patentable
A prior art search (searching existing patents and publications) before filing helps determine patentability and avoid wasted application fees.
3. Provisional vs Complete Patent Application
| Application Type | Purpose | Specification Required | Timeline |
|---|---|---|---|
| Provisional Application | Establishes filing date — buy time to complete R&D | Brief description — no claims needed | File now; complete application within 12 months |
| Complete Application | Full patent protection — starts examination process | Full specification with claims, abstract, drawings | Must file within 12 months of provisional; or file directly |
Why file a provisional first? A provisional application costs less and gives you a priority date — you can then develop your invention fully and file the complete application within 12 months. If you disclose your invention to investors, partners, or at a trade fair after filing the provisional, you're protected from others patenting the same idea.
Filing a provisional patent application costs ₹1,750 for startups (vs ₹8,750 for large entities). It secures your priority date while you complete your invention. Our team drafts provisional specifications and manages the entire filing process.
Provisional Patent Filing Help →4. Patent Application Process in India
- Step 1 — Prior Art Search: Search existing patents (IP India database, Google Patents, USPTO) to check novelty
- Step 2 — Draft Patent Specification: Prepare complete specification — title, field, background, detailed description, claims, abstract, drawings. Claims define the scope of protection.
- Step 3 — File Application: File on IP India portal (ipindia.gov.in) — choose Patent Office jurisdiction (Delhi, Mumbai, Chennai, Kolkata based on applicant address)
- Step 4 — Publication: Application published in the Official Patent Journal — 18 months after filing date (automatic) or earlier on request
- Step 5 — Request for Examination: File Request for Examination (RFE) within 48 months of filing — examination does not begin automatically
- Step 6 — Examination: Patent Office examines the application — issues First Examination Report (FER) with objections if any
- Step 7 — Reply to FER: Applicant responds to objections — may amend claims
- Step 8 — Grant: If satisfied, Patent Office grants the patent — published in Patent Journal and certificate issued
Total timeline: Typically 3–7 years from filing to grant for a standard Indian patent. Startups can request expedited examination.
5. DPIIT Startup Benefits — 80% Fee Reduction
DPIIT-recognised startups in India get significant fee benefits for patent filing:
- 80% rebate on all official Patent Office fees — application fee, examination fee, grant fee
- Expedited examination available — reduces examination wait time from years to months
- Fast-track processing under Startup India patent scheme
- For example, complete patent application fee for a startup: ₹8,750 vs ₹43,750 for a large entity (online filing, 30 pages, 10 claims)
If your startup is not yet DPIIT-recognised, getting the DPIIT recognition first (free, quick online process) before filing the patent saves substantial fees.
Patent Advisory & Filing Services — Banda, UP, NCR & Pan-India
Prior art search, provisional and complete patent specification drafting, Patent Office filing, FER reply, startup fee rebate facilitation, and complete patent prosecution — our IP advisory team helps inventors and businesses in Banda, Ghaziabad, Meerut, Noida, Delhi, UP, and pan-India protect their innovations.
Send an Enquiry →Disclaimer: This article is for general informational purposes only and does not constitute professional legal, tax, or financial advice. Laws and rules are subject to change. For advice specific to your situation, please consult a qualified Chartered Accountant.