A patent protects your invention — giving you the exclusive right to make, use, sell, or import the patented product or process in India for up to 20 years. If you have invented something new and useful, filing a patent application is one of the most important steps you can take to protect your competitive advantage.
This guide covers everything you need to know about filing a patent in India — from what can be patented to the step-by-step filing process and fees.
What Can Be Patented in India?
Under the Patents Act, 1970, an invention is patentable in India if it meets all three criteria:
- Novelty: The invention must not have been published, disclosed, or made publicly available anywhere in the world before the filing date.
- Inventive Step: The invention must not be obvious to a person skilled in the relevant technical field. It must involve a non-obvious technical advancement.
- Industrial Applicability: The invention must be capable of being made or used in any kind of industry.
What Cannot Be Patented in India?
Section 3 of the Patents Act excludes several categories from patent protection. Key exclusions relevant to Indian entrepreneurs include:
- Discoveries of natural phenomena or abstract mathematical methods
- Business methods or methods of performing mental acts
- Pure computer programs (software per se) — though computer-implemented inventions with a technical effect may be patentable
- Methods of agriculture or horticulture
- Inventions involving traditional knowledge or biodiversity
- New forms of known substances (such as new salts, polymorphs) unless they show significantly enhanced efficacy
Provisional vs Complete Patent Application
Indian patent law allows two types of applications — and understanding the difference is critical:
- ✅ Secures priority date immediately
- ✅ Does NOT require complete claims
- ✅ Gives 12 months to file complete spec
- ✅ Govt. fee: ₹1,600 (individual/startup)
- ✅ File BEFORE disclosing to investors
- ⚠️ Cannot grant patent on its own
- ✅ Full claims defining scope of protection
- ✅ Detailed description + abstract + drawings
- ✅ Basis for examination and patent grant
- ✅ Govt. fee: ₹8,000 (individual) or ₹16,000 (company)
- ✅ Must file within 12 months of provisional
- ✅ Can also be filed directly without provisional
Step-by-Step Patent Filing Process in India
Search patent databases (Indian Patent Office, USPTO, EPO, Google Patents) to check if similar inventions already exist. This determines patentability and helps draft stronger claims.
Describe your invention in detail to our Registered Patent Agent (Adv. Sudhir Kumar Gambhir). Include technical drawings, diagrams, and functional descriptions.
Our agent drafts the patent specification — including abstract, field of invention, background, detailed description, claims (broadest to narrowest), and formal drawings. Claims are the most critical part — they define the legal scope of protection.
Application filed on ipindia.gov.in. Filing receipt issued with application number and priority date. The invention is now "Patent Pending."
The patent application is published in the Official Journal of the Indian Patent Office 18 months after the priority date. You can also request early publication for faster processing.
File Request for Examination (Form 18) within 31 months of filing. The Patent Office issues a First Examination Report. Idealize files detailed response. After successful examination and no opposition — patent is granted. Total timeline: 3–5 years.
Patent Filing Fees in India (2025)
| Application Type | Individual/Startup | Small Entity | Large Entity |
|---|---|---|---|
| Provisional Application | ₹1,600 | ₹4,000 | ₹8,000 |
| Complete Specification | ₹8,000 | ₹20,000 | ₹40,000 |
| Request for Examination | ₹4,000 | ₹10,000 | ₹20,000 |
* Startup recognition under Startup India reduces fees significantly. Professional/drafting fees are separate from government fees. Contact us for a complete quote.
Ready to protect your invention? WhatsApp our Registered Patent Agent →