The Indian patent process is: search prior art, draft the specification, file a provisional or complete application, file the complete specification within 12 months if you started provisional, get published at 18 months or earlier on request, file a request for examination, reply to the First Examination Report, attend a hearing if needed, and obtain grant.
Step 1: Prior art search
Search patent and non-patent literature to assess novelty and inventive step.
Step 2: Draft and file
File a provisional application to secure priority early, or a complete specification with claims if ready.
Step 3: Publication
Applications are published after 18 months; early publication can be requested.
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Get expert help →Step 4: Request for examination
Examination begins only after a request is filed within the prescribed period.
Step 5: FER, hearing and grant
- Reply to objections in the First Examination Report within the deadline.
- Attend a hearing if required.
- Grant and publication; pay renewal fees yearly.
Frequently asked questions
Can I file a patent myself?
Inventors can file, but drafting claims well requires expertise. Most use a registered patent agent.
What is expedited examination?
Startups, small entities, women inventors and certain others can request faster examination on payment of the prescribed fee.
What if I miss the FER deadline?
The application may be treated as abandoned. Extensions are available only in limited cases.
Can a patent be opposed?
Yes, through pre-grant opposition after publication and post-grant opposition within one year of grant.
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