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How to file a patent in India, step by step

From checking patentability to grant, the full path for an Indian patent application, with the forms and deadlines at each stage.

By Zernyx Hub editorial 12 min read

1. Check that your invention can be patented

An invention must be new, involve an inventive step and be capable of industrial application. Then check Sections 3 and 4 of the Patents Act, which exclude things like software per se, business methods and mere discoveries.

2. Search the prior art

Search patent databases such as InPASS (IP India), Espacenet and Google Patents, plus journals and product literature. If something close already exists, change your approach or narrow your claims before you spend money on filing.

3. Write an invention disclosure

Record what the invention is, the problem it solves, how it works, what is new compared with the prior art, and who the inventors are. This becomes the basis of your specification.

4. File a provisional or complete application

File Form 1 (application) with Form 2 (provisional or complete specification) at the Indian Patent Office, online or at the office for your jurisdiction. Add Form 3 (foreign filing details) and Form 5 (declaration of inventorship). A provisional application secures your filing date.

5. File the complete specification within 12 months

If you started with a provisional, file the complete specification with claims within 12 months, or the application is treated as abandoned. This is also your window to file abroad using Paris Convention priority or a PCT application.

6. Publication

Applications are published 18 months after the priority date. You can file Form 9 to publish early, which starts provisional protection sooner.

7. Request examination

File Form 18 within 31 months of the priority date. Eligible applicants, including startups, can file Form 18A for expedited examination.

8. Respond to the First Examination Report

The examiner will send objections in a First Examination Report (FER). You have six months to respond, extendable by three months. Most applications are amended at this stage.

9. Hearing, grant and renewals

If objections remain, the Controller holds a hearing. Once granted, the patent lasts 20 years from filing as long as you pay annual renewal fees. Anyone can oppose within one year of grant.

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