A patent in India protects an invention that is new, involves an inventive step and is capable of industrial application. You file with the Indian Patent Office, optionally first as a provisional application, then a complete specification within 12 months, request examination, respond to the examination report and obtain grant. A patent lasts 20 years from filing, subject to annual renewal fees.
What can be patented
Products and processes that are novel, non-obvious to a person skilled in the field, and industrially applicable. Section 3 excludes items such as mere discoveries, business methods, computer programs per se, and methods of agriculture or medical treatment.
Provisional vs complete specification
A provisional application secures a priority date while the invention is still being developed. The complete specification, with claims defining the scope of protection, must follow within 12 months or the application is treated as abandoned.
Patent process step by step
- Prior art search and patentability assessment.
- Draft and file the provisional or complete specification.
- Publication, normally 18 months from priority, or earlier on request.
- File a request for examination within the prescribed time.
- Respond to the First Examination Report and attend hearings.
- Grant, followed by annual renewal fees to keep the patent in force.
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Get expert help →Costs and fee categories
Official fees are lower for natural persons, startups and small entities, and startups get significant rebates. Drafting quality matters most for cost-effectiveness, because weak claims are hard to enforce.
Frequently asked questions
Can software be patented in India?
Computer programs per se are not patentable, but inventions involving software that produce a technical effect or technical contribution, for example improving hardware functioning, may be patentable depending on how they are claimed.
How long does it take to get a patent?
Timelines vary by field and backlog. With normal examination it often takes several years. Expedited examination, available to startups, small entities and certain other applicants, can reduce it considerably.
Is an Indian patent valid in other countries?
No. Patents are territorial. To protect abroad, file in each country within 12 months under the Paris Convention, or file a PCT international application to defer national filings.
Should I publicly disclose my invention before filing?
No. Public disclosure before filing can destroy novelty. File at least a provisional application before publishing, presenting or selling the invention.
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