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Patent Registration

Patent registration secures your exclusive right over a new invention in India under the Patents Act, 1970. We handle patentability...

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Key takeaways

A patent is an exclusive right granted for a new, inventive and industrially applicable invention under the Patents Act, 1970.
It is granted by the Indian Patent Office (CGPDTM), with branches at Delhi, Mumbai, Chennai and Kolkata.
Applications are filed online through the IPO e-filing portal.
A patent is valid for 20 years from the date of filing, subject to annual renewal fees.
Examination is not automatic, a Request for Examination (RFE) must be filed within 31 months.
Startups, small entities and educational institutions enjoy reduced official fees and expedited examination.

Overview

What is patent registration?

Patent registration is the legal process of obtaining an exclusive, time-bound monopoly over an invention. Once granted, a patent gives the holder the right to prevent others from making, using, selling or importing the patented invention in India without consent, for the term of the patent.

Patents are granted by the Indian Patent Office under the Patents Act, 1970 and the Patents Rules, 2003. An invention qualifies only if it is genuinely new (novel), involves an inventive step that is not obvious to a person skilled in the field, and is capable of industrial application.

Three tests every invention must pass

Novelty: the invention has not been disclosed anywhere in the world before the filing date
Inventive step: a technical advance or economic significance that is not obvious
Industrial application: the invention can be made or used in an industry
Patentable subject matter: it does not fall under the exclusions in Sections 3 and 4

Eligibility

Who can apply and what cannot be patented

An application may be filed by the true and first inventor, an assignee, or a legal representative of a deceased inventor. Some subject matter, however, is expressly excluded from patentability under Sections 3 and 4 of the Act.

Who can apply	Basis
True and first inventor	The person who actually devised the invention
Assignee	A person or company to whom the right has been assigned
Legal representative	Of a deceased person entitled to apply

Not patentable	Examples
Mere discoveries	A scientific principle or naturally occurring substance
Abstract methods	Mathematical methods, business methods, algorithms
Contrary to public order	Inventions harmful to public health or morality
Agriculture & atomic energy	Methods of agriculture and inventions under Section 4

How it works

The registration process, step by step

Patent registration is a structured, multi-stage process before the Indian Patent Office. We manage every stage so you never miss a statutory deadline.

Search and filing

Patentability search
We run a prior-art search to confirm the invention is novel and worth pursuing.
Draft the specification
We prepare the provisional or complete specification with claims, description and drawings.
File the application
The application is filed on the IPO e-filing portal in the prescribed form with the specification.
Publication
The application is published in the official journal, ordinarily 18 months after filing.

Examination and grant

Request for examination
An RFE is filed within 31 months so the application is taken up for examination.
Respond to objections
We answer the First Examination Report (FER) and any hearing requirements.
Grant
Once objections are cleared, the patent is granted and entered in the register.
Renewal
Annual renewal fees keep the patent in force for its full 20-year term.

Choosing your route

Provisional vs complete specification

India lets you secure an early priority date with a provisional application while you continue to develop the invention, or file directly with a complete specification when the invention is fully ready.

Provisional application

Locks in an early priority date
Useful when the invention is still being refined
A complete specification must follow within 12 months
Lower upfront effort and cost

Complete specification

Filed when the invention is fully developed
Contains the full description, claims and drawings
Defines the scope of the legal protection sought
Can be filed directly without a provisional

Paperwork

Documents required

Application for grant of patent (Form 1)
Provisional or complete specification (Form 2)
Statement and undertaking on foreign filings (Form 3)
Declaration of inventorship (Form 5, with a complete specification)
Drawings, diagrams or flowcharts of the invention, where applicable
Proof of right to file, where the applicant is not the inventor
Power of authority (Form 26) for the patent agent
Form 28 for startup or small-entity status, to claim reduced fees

Lifecycle

Validity & renewal

A patent is valid for 20 years from the date of filing.
Renewal fees are payable annually from the third year to keep it in force.
The term cannot be extended beyond 20 years under the current law.
On expiry, the invention falls into the public domain for anyone to use.

Protecting other intellectual property? See our Trademark Registration and Copyright Registration services.

Budgeting

Fees & timeline

Official fees depend on the applicant category, the natural person or startup and small entity, or a large entity, and on the number of claims and pages. Professional charges cover the search, drafting and prosecution work.

Cost factor	Details
Filing fee	Government fee on filing, lower for individuals, startups and small entities
Request for examination	Separate official fee, payable within 31 months
Excess claims and pages	Additional fee beyond the prescribed limits
Professional charges	Patentability search, drafting and prosecution
Renewal fees	Payable annually from the third year of the term

An ordinary patent often takes a few years from filing to grant. Startups and small entities can opt for expedited examination, which can shorten the timeline considerably.

Not sure if your idea is patentable?

Tell us about your invention and we will run a patentability search and map the exact route, documents and fees for your case.

Get a free assessment

Why it matters

Benefits of patent registration

Exclusive rights

Stop others from making, using or selling your invention without permission for 20 years.

Monetise the IP

License, assign or sell the patent to create a steady revenue stream.

Market advantage

A protected invention gives you a clear edge over competitors.

Investor confidence

A patent portfolio strengthens valuation and appeals to investors.

Legal recourse

Take enforcement action against infringers in court.

Global springboard

An Indian filing supports a PCT route into protection across other countries.

Why Diligence Certifications

Your patent partner from idea to grant

Patent prosecution is technical and deadline-driven, a missed RFE or a weak claim set can cost you the protection entirely. Our patent professionals combine technical understanding with drafting craft to give your invention the strongest, broadest protection the law allows.

Thorough prior-art and patentability searches before you spend on filing
Carefully drafted specifications and claims that maximise scope
End-to-end prosecution, from filing through FER responses to grant
Proactive docketing so renewal and examination deadlines are never missed
Guidance on startup and small-entity fee concessions and expedited examination
Support for international protection through the PCT route

Official source

Patents in India are granted by Intellectual Property India.

FAQ

Frequently asked questions

What can be patented in India?

Any invention that is new, involves an inventive step and is capable of industrial application can be patented, provided it does not fall under the exclusions listed in Sections 3 and 4 of the Patents Act, 1970.

Who grants patents in India?

Patents are granted by the Indian Patent Office, under the Controller General of Patents, Designs and Trade Marks (CGPDTM), through its branches at Delhi, Mumbai, Chennai and Kolkata.

How long is a patent valid?

A patent is valid for 20 years from the date of filing, subject to payment of annual renewal fees. It cannot be extended beyond this term under the current law.

What is a Request for Examination?

Examination is not automatic in India. You must file a Request for Examination (RFE) within 31 months of the priority or filing date, otherwise the application is treated as withdrawn.

What is the difference between a provisional and a complete specification?

A provisional specification secures an early priority date while the invention is still being developed, and must be followed by a complete specification within 12 months. A complete specification contains the full description and claims and can be filed directly.

Do startups get any benefit in patent filing?

Yes. Startups, small entities and individuals pay reduced official fees and can opt for expedited examination, which can significantly shorten the time to grant.

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