patent filing process

Introduction

In today’s competitive and innovation-driven world safeguarding intellectual creations has become crucial. One of the most powerful tools for protecting innovation is a patent. The patent filing process ensures that inventors get exclusive rights over their invention preventing others from making using or selling it without permission.

If you’re an inventor startup founder or company working on a new technology or product understanding the patent filing process is essential for securing your intellectual property and gaining a market advantage.

What is a Patent?

A patent is an exclusive legal right granted by the government to an inventor for a specific invention. This invention can be a new product process, or improvement that provides a novel technical solution to a problem.

By filing a patent, the inventor gets exclusive rights to use manufacture and sell the invention for a fixed period — usually 20 years from the date of filing.

Importance of Patent Filing

The patent filing process is not just a legal formality — it is a strategic tool for innovation-driven businesses. Here’s why patent filing is essential:

Protection of innovation: Prevents others from copying or using your invention.
Monetary benefits: You can license or sell the patent for profit.
Brand credibility: Enhances reputation as an innovator or tech leader.
Investment appeal: Attracts investors by showcasing your IP portfolio.
Legal safeguard: Helps in legal disputes and infringement issues.

Types of Patents in India

Before starting the patent filing process, it’s important to know the types of patents you can apply for:

Ordinary Patent:
Filed directly without claiming priority from any earlier application.
Convention Patent:
Filed when the invention was first filed in a convention country and you claim priority in India within 12 months.
PCT (Patent Cooperation Treaty) Application:
Used when you seek patent protection internationally in multiple countries.
Divisional Application:
Filed when an invention contains multiple inventions; the applicant can divide it into separate applications.

Step-by-Step Patent Filing Process in India

Let’s understand each step of the patent filing process in detail.

Step 1: Patent Search

Before filing conduct a patent search to check if your invention is unique.
This helps determine whether your idea has already been patented or not.

You can conduct a search on:

Indian Patent Advanced Search System (InPASS)
Google Patents
WIPO database

Tip: It’s advisable to consult a patent attorney for a professional patent search and analysis.

Step 2: Drafting the Patent Application

Once you confirm the novelty of your invention, the next step is drafting the patent specification.

There are two types:

Provisional Specification – Filed when the invention is still under development. It provides a priority date.
Complete Specification – Filed within 12 months of the provisional filing and contains detailed information about the invention.

The complete specification must include:

Title of the invention
Abstract
Background and objective
Detailed description
Claims
Drawings (if applicable)

Step 3: Filing the Patent Application

After drafting, the next step in the patent filing process is submission to the Indian Patent Office (IPO).

You can file the application:

Online via the IP India website
Offline at the appropriate Patent Office (Delhi, Mumbai, Chennai, or Kolkata)

Documents required:

Application form (Form 1)
Provisional/Complete Specification (Form 2)
Declaration of Inventorship (Form 5)
Priority documents (if applicable)
Power of Attorney (Form 26, if filed by an agent)

Once filed, you receive a patent application number.

Step 4: Publication of Application

After filing, the application is automatically published after 18 months from the date of filing or priority.

However, you can request early publication using Form 9 to speed up the process — usually published within 1 month of the request.

Benefits of early publication:

Increases visibility
Helps attract investors
Provides an earlier start to your rights

Step 5: Examination of Application

After publication, the application must be examined by a patent examiner.
To initiate this, you must file a Request for Examination (RFE) using Form 18 within 48 months from the filing date.

The examiner checks:

Novelty
Inventive step
Industrial applicability
Patentable subject matter

If any objections arise, you will receive an Examination Report.
You can respond to objections through written submissions or hearings.

Step 6: Grant of Patent

Once the examiner is satisfied and all objections are cleared, the application proceeds for grant of patent.

After the grant, it is published in the Patent Journal, and the inventor gets exclusive rights over the invention for 20 years.

Step 7: Renewal and Maintenance

Patents must be renewed every year from the third year onward by paying renewal fees.
Failure to pay renewal fees can lead to patent lapse.

Time Duration for Patent Filing Process

The complete patent filing process in India may take 3 to 5 years, depending on the complexity of the invention and the examination process.
With early publication and expedited examination, the process can be shortened to 1–2 years.

Patent Filing Fees in India (Approx.)

Type of Applicant	E-Filing (INR)	Physical Filing (INR)
Individual	₹1,600	₹1,750
Small Entity	₹4,000	₹4,400
Large Entity	₹8,000	₹8,800

(Note: Additional fees apply for extra pages, claims, and expedited examination.)

Benefits of Professional Help in Patent Filing

Filing a patent can be complex and technical. Hiring a patent attorney or agent ensures:

Proper drafting of claims
Error-free filing
Compliance with deadlines
Strategic protection internationally

A professional can make your patent filing process smoother and faster.

Common Mistakes to Avoid

Filing without prior patent search
Incomplete specifications
Missing deadlines for complete filing
Ignoring objections during examination
Forgetting annual renewal payments

Global Patent Filing (PCT Route)

If you want to protect your invention internationally, file a PCT (Patent Cooperation Treaty) application.
It provides a single window to apply in over 150 countries while maintaining the same priority date

Conclusion

The patent filing process is the cornerstone of protecting innovation.
Whether you are an individual inventor, startup, or company, filing a patent not only secures your idea but also enhances your business value and competitiveness.

To ensure success, conduct a proper patent search, draft a clear specification, and follow the filing and examination process carefully.
Consulting a patent expert can simplify the journey and help you safeguard your intellectual property effectively.

FAQs on Patent Filing Process

1. What is the duration of a patent in India?

A patent remains valid for 20 years from the date of filing.

2. Can I file a patent myself?

Yes, individuals can file a patent independently, but it’s advisable to consult a patent attorney for accuracy and legal compliance.

3. What cannot be patented in India?

Inventions related to abstract theories, mathematical methods, and discoveries of natural substances are not patentable.

4. How long does the patent filing process take?

Generally 3–5 years, but expedited filing can reduce it to 1–2 years.

5. What happens after patent grant?

Once granted, the patentee gains exclusive rights to make, use, sell, or license the invention.

Introduction

If you’re an inventor startup founder or company working on a new technology or product understanding the patent filing process is essential for securing your intellectual property and gaining a market advantage.

What is a Patent?

A patent is an exclusive legal right granted by the government to an inventor for a specific invention. This invention can be a new product process, or improvement that provides a novel technical solution to a problem.

By filing a patent, the inventor gets exclusive rights to use manufacture and sell the invention for a fixed period — usually 20 years from the date of filing.

Importance of Patent Filing

The patent filing process is not just a legal formality — it is a strategic tool for innovation-driven businesses. Here’s why patent filing is essential:

Protection of innovation: Prevents others from copying or using your invention.

Monetary benefits: You can license or sell the patent for profit.

Brand credibility: Enhances reputation as an innovator or tech leader.

Investment appeal: Attracts investors by showcasing your IP portfolio.

Legal safeguard: Helps in legal disputes and infringement issues.

Types of Patents in India

Before starting the patent filing process, it’s important to know the types of patents you can apply for:

Ordinary Patent:Filed directly without claiming priority from any earlier application.

Convention Patent:Filed when the invention was first filed in a convention country and you claim priority in India within 12 months.

PCT (Patent Cooperation Treaty) Application:Used when you seek patent protection internationally in multiple countries.

Divisional Application:Filed when an invention contains multiple inventions; the applicant can divide it into separate applications.

Step-by-Step Patent Filing Process in India

Let’s understand each step of the patent filing process in detail.

Step 1: Patent Search

Before filing conduct a patent search to check if your invention is unique.This helps determine whether your idea has already been patented or not.

You can conduct a search on:

Indian Patent Advanced Search System (InPASS)

Google Patents

WIPO database

Tip: It’s advisable to consult a patent attorney for a professional patent search and analysis.

Step 2: Drafting the Patent Application

Once you confirm the novelty of your invention, the next step is drafting the patent specification.

There are two types:

Provisional Specification – Filed when the invention is still under development. It provides a priority date.

Complete Specification – Filed within 12 months of the provisional filing and contains detailed information about the invention.

The complete specification must include:

Title of the invention

Abstract

Background and objective

Detailed description

Claims

Drawings (if applicable)

Step 3: Filing the Patent Application

After drafting, the next step in the patent filing process is submission to the Indian Patent Office (IPO).

You can file the application:

Online via the IP India website

Offline at the appropriate Patent Office (Delhi, Mumbai, Chennai, or Kolkata)

Documents required:

Application form (Form 1)

Provisional/Complete Specification (Form 2)

Declaration of Inventorship (Form 5)

Priority documents (if applicable)

Power of Attorney (Form 26, if filed by an agent)

Once filed, you receive a patent application number.

Step 4: Publication of Application

After filing, the application is automatically published after 18 months from the date of filing or priority.

However, you can request early publication using Form 9 to speed up the process — usually published within 1 month of the request.

Benefits of early publication:

Increases visibility

Helps attract investors

Provides an earlier start to your rights

Step 5: Examination of Application

After publication, the application must be examined by a patent examiner.To initiate this, you must file a Request for Examination (RFE) using Form 18 within 48 months from the filing date.

The examiner checks:

Novelty

Inventive step

Industrial applicability

Patentable subject matter

If any objections arise, you will receive an Examination Report.You can respond to objections through written submissions or hearings.

Step 6: Grant of Patent

Once the examiner is satisfied and all objections are cleared, the application proceeds for grant of patent.

After the grant, it is published in the Patent Journal, and the inventor gets exclusive rights over the invention for 20 years.

Step 7: Renewal and Maintenance

Patents must be renewed every year from the third year onward by paying renewal fees.Failure to pay renewal fees can lead to patent lapse.

Time Duration for Patent Filing Process

The complete patent filing process in India may take 3 to 5 years, depending on the complexity of the invention and the examination process.With early publication and expedited examination, the process can be shortened to 1–2 years.

Patent Filing Fees in India (Approx.)

Type of Applicant

Individual

₹1,600

₹1,750

Small Entity

Ordinary Patent:
Filed directly without claiming priority from any earlier application.

Convention Patent:
Filed when the invention was first filed in a convention country and you claim priority in India within 12 months.

PCT (Patent Cooperation Treaty) Application:
Used when you seek patent protection internationally in multiple countries.

Divisional Application:
Filed when an invention contains multiple inventions; the applicant can divide it into separate applications.

Before filing conduct a patent search to check if your invention is unique.
This helps determine whether your idea has already been patented or not.

After publication, the application must be examined by a patent examiner.
To initiate this, you must file a Request for Examination (RFE) using Form 18 within 48 months from the filing date.

If any objections arise, you will receive an Examination Report.
You can respond to objections through written submissions or hearings.

Patents must be renewed every year from the third year onward by paying renewal fees.
Failure to pay renewal fees can lead to patent lapse.

The complete patent filing process in India may take 3 to 5 years, depending on the complexity of the invention and the examination process.
With early publication and expedited examination, the process can be shortened to 1–2 years.

If you want to protect your invention internationally, file a PCT (Patent Cooperation Treaty) application.
It provides a single window to apply in over 150 countries while maintaining the same priority date

The patent filing process is the cornerstone of protecting innovation.
Whether you are an individual inventor, startup, or company, filing a patent not only secures your idea but also enhances your business value and competitiveness.

To ensure success, conduct a proper patent search, draft a clear specification, and follow the filing and examination process carefully.
Consulting a patent expert can simplify the journey and help you safeguard your intellectual property effectively.