Patent filing in India. Make your invention legally yours.

A patent gives you the exclusive right to make, use and sell your invention in India for 20 years. Define IPR Solutions runs the patent search, prepares the specification and files your application with the Patent Office.

Get a free consultation See the six stages

Free consultation. Fees quoted before you commit to anything.

Patent law in three numbers

The clock starts the day you file

  • 20

    years of protection

    Counted from the filing date. A patent cannot be extended beyond it.

  • 12

    months to complete a provisional

    A provisional application holds your date while you finish the invention.

  • 18

    months until publication

    Until then your application stays confidential at the Patent Office.

What can be yours

What can be patented in India

An invention can be a product, a process, or both. To be patented it has to pass three tests.

  • It is new

    The invention has not been published or used publicly anywhere before you file.

  • It is inventive

    It is not an obvious next step to someone skilled in that field.

  • It can be used

    It can be made or used in an industry.

Some things cannot be patented in India whatever their merit. They include discoveries and abstract theories, mathematical and business methods, computer programmes on their own, methods of medical treatment, and plants and animals.

How it becomes yours

How patent filing works in India

Six stages, from the first search to the granted patent.

  1. 01 Search

    Patent search

    We search existing patents and publications to see whether your invention is new, before you spend on drafting.

  2. 02 Drafting

    The specification

    We prepare a provisional specification to secure an early date, or a complete specification with claims and drawings.

  3. 03 Filing

    Application at the Patent Office

    We file the application. If it is a provisional, the complete specification must follow within 12 months.

  4. 04 Publication

    Published after 18 months

    The application is published 18 months after filing. You can ask for earlier publication.

  5. 05 Examination

    Request, report and reply

    Examination starts only when it is requested. The examiner issues a first examination report, and we prepare the reply and deal with the hearing if one is called.

  6. 06 Grant

    The patent

    Once the objections are met, the patent is granted for 20 years from the filing date. Renewal fees are paid each year to keep it in force.

Claiming it

Provisional or complete: which application first?

Both secure a filing date. They suit different moments in an invention's life.

ApplicationWhat it containsWhen it suits you
ProvisionalAn outline of the invention. No claims are needed.The invention is still being developed and you want to secure your date now. The complete specification must follow within 12 months.
CompleteThe full description, the claims, and drawings where needed.The invention is finished and you can describe exactly what you want protected.

Keeping it yours

What you get from Define IPR

  • A patent search

    An early answer on whether the invention looks new enough to file.

  • Drafting and filing

    The specification, claims and forms, prepared and filed for you.

  • Legal and technical experts

    People who understand the technology as well as the law work on your application.

  • A strategy for commercial value

    We plan the filing around how you intend to use or license the invention.

Sectors we work in

  • Biomedical devices
  • Machinery
  • Pharmaceuticals
  • Biotechnology
  • Life sciences
  • Chemical sciences
  • Energy
  • Manufacturing
  • Automotive
  • Software

What we need from you

  • The name, address and nationality of each inventor and of the applicant.
  • A description of the invention: what it does, how it works and what problem it solves.
  • Drawings, diagrams or test results, if you have them.
  • What already exists, and how your invention differs from it.
  • Details of anything already published, shown or sold, and when.
  • An assignment from the inventor, if the applicant is a company.
  • A startup or small-entity certificate, if you qualify for reduced official fees.

One thing to do first

Keep the invention confidential until the application is filed. Publishing, demonstrating or selling it beforehand can cost you the patent.

Applications are filed with the Patent Office, part of the Office of the Controller General of Patents, Designs and Trade Marks.

Before you decide

Patent filing, answered

How long does a patent last in India?

A patent lasts 20 years from the date the application was filed. To keep it in force you pay a renewal fee each year. After 20 years the invention passes into the public domain and the term cannot be extended.

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

A provisional specification describes the invention in outline and secures your filing date. It does not need claims. A complete specification describes the invention in full and includes the claims that define what is protected. If you file a provisional first, the complete specification must be filed within 12 months.

Can I patent an idea?

No. An idea on its own cannot be patented. You need an invention worked out in enough detail that a skilled person could make or carry it out from your description.

Can software be patented in India?

A computer programme on its own is not patentable under Section 3(k) of the Patents Act, 1970. An invention that uses software to solve a technical problem or produce a technical effect may be patentable, depending on how the claims are written.

Should I keep my invention secret before filing?

Yes. Publishing, demonstrating or selling the invention before you file can destroy its novelty. Keep it confidential, use a non-disclosure agreement if you must share it, and consider a provisional application to secure your date.

How long does it take to get a patent in India?

It usually takes a few years. The application is published 18 months after filing, examination begins only after it is requested, and the time after that depends on the objections raised. Expedited examination is available to some applicants, including startups and small entities.

Does an Indian patent protect my invention in other countries?

No. A patent protects the invention only in the country that grants it. To seek protection abroad you can file in each country within 12 months of your Indian filing, or file an international application under the Patent Cooperation Treaty and choose countries later.

What is the difference between a patent and a design registration?

A patent protects how an invention works. A design registration protects how a product looks: its shape, pattern or ornament. A single product can need both.

How much does it cost to file a patent in India?

Official fees depend on who applies. Individuals, startups, small entities and educational institutions pay reduced fees. Our professional fee depends on the invention and the work the specification needs. We quote both after a free consultation, before you commit to anything.

Last reviewed . This page is general information, not legal advice.

Related services

Your move

Tell us what you want to protect

Send a few details and we will come back to you with the next steps and a fee quote. No obligation.

We use your details only to reply to this enquiry. See our privacy policy.