How to file a patent in India, step by step

Every step, with its form and deadline

1. Check the invention can be patented

Section 2(1)(j) of the Patents Act defines an invention as a new product or process that involves an inventive step and is capable of industrial application. Section 3 lists what is not an invention, even if it is new. Common examples are a new form of a known substance without enhanced efficacy (section 3(d)) and a mathematical or business method, a computer programme per se, or an algorithm (section 3(k)).

Novelty is judged against everything published or used anywhere in the world before the filing date (section 2(1)(l)). Your own article, demo or product launch counts. So file before you disclose.

2. Search the prior art

The examiner will search Indian specifications and other documents published anywhere for anything that anticipates your claims (section 13). Doing the same search first tells you whether to file at all, and how to word the claims so they stay clear of what is already known. The prior art search guide explains how, and the free Indian patent search covers IP India's records.

3. Choose a provisional or a complete specification

Every application must come with a provisional or a complete specification (section 7(4)). A provisional secures a filing date while the invention is still being developed. The complete specification must follow within 12 months, or the application is deemed abandoned (section 9(1)). If the invention is ready, file the complete straight away. The provisional vs complete specification guide compares the two.

4. Draft the specification

Both kinds of specification are filed on Form 2 (rule 13(1)) and must begin with a title and describe the invention (section 10(1)). A complete specification must also, under section 10(4):

• fully and particularly describe the invention and how to perform it;
• disclose the best method known to the applicant;
• end with claims that define the scope of protection; and
• be accompanied by an abstract.

The claims must relate to a single inventive concept, be clear and succinct, and be fairly based on the description (section 10(5)). Drawings follow rule 15. The abstract is limited to 150 words (rule 13(7)). Specifications over 30 pages or 10 claims pay extra fees.

5. File the application online

Applications are filed through IP India's comprehensive e-filing service. Online filing costs less than filing on paper, and some requests, such as expedited examination, can only be made online. These are the forms an ordinary application needs:

Form 3 is due within 6 months of the filing date (rule 12(1A)), and updated details are due within 3 months of the First Examination Report (rule 12(2), as amended in 2024). Form 5 goes with the complete specification; the Controller can allow up to one month after it on a Form 4 request (rule 13(6)). Form 3, Form 5 and Form 28 carry no fee. The patent fees in India guide lists what the rest cost.

If you are resident in India and plan to file abroad, section 39 requires a foreign filing permit (Form 25) unless you filed in India at least six weeks before the foreign application and no secrecy direction applies.

6. Publication

The application stays confidential for 18 months from the priority or filing date, whichever is earlier, and is then published in the Indian Patent Journal (section 11A, rule 24). A request on Form 9 brings publication forward. From publication you have the rights of a patentee, but you can only sue for infringement after grant (section 11A(7)). Anyone can file a pre-grant opposition once the application is published (section 25(1)).

7. Request examination

An application is not examined until someone files a request on Form 18 (section 11B). The deadline is 31 months from the priority or filing date, whichever is earlier, for applications filed on or after 15 March 2024, and 48 months for older ones (rule 24B(1)). Miss it and the application is treated as withdrawn. Eligible applicants can ask for expedited examination on Form 18A instead. The Form 18 guide covers both.

8. Reply to the First Examination Report

The examiner's objections reach you as the First Examination Report (FER). You have 6 months from its issue to put the application in order for grant, extendable by 3 months on Form 4 (rule 24B(5) and (6)). If you do not, the application is deemed abandoned (section 21). The FER response guide explains the common objections and how to structure the reply.

9. Hearing and grant

If objections remain after your reply, you can ask to be heard before the Controller decides (section 14), and the Controller can also fix a hearing on their own (rule 28(3)). File written submissions within 15 days of the hearing (rule 28(7)). Once the application is in order, the patent is granted and the grant is published in the Journal (section 43). A patent cannot be granted within 6 months of publication (rule 55(1A)). After grant, any person interested can file a post-grant opposition within one year of the grant publication (section 25(2)).

10. Keep the patent in force

A patent lasts 20 years from the filing date (section 53). Renewal fees are due every year from the 3rd year (rule 80), and a working statement on Form 27 is due once for every three financial years after grant (rule 131(2), as amended in 2024). The Indian patent timeline puts every deadline on one page, and the application status guide shows how to track an application.

More IP India guides

• Patent fees in India (2026)

  Every official Indian patent fee from filing to renewal, with a fee calculator.

• How to check Indian patent application status

  Where to check an Indian patent application's status, and what each status means.

• The Indian Patent Journal, explained

  What the weekly Indian Patent Journal publishes and how to search it.

• Provisional vs complete specification in India

  When to file a provisional, what it must contain, and the 12-month deadline for the complete.

• How to write patent claims, with examples

  Claim structure, independent and dependent claims with worked examples, and the claim objections raised in India.

• Form 18: request for examination in India

  The Form 18 deadline, fees, expedited examination on Form 18A, and what happens if you miss it.

• How to respond to a First Examination Report (FER)

  The FER deadline, common objections, how to structure the reply, and the hearing.

• Indian patent timeline, from filing to expiry

  Each stage of an Indian patent with its statutory deadline, from filing to the end of the 20-year term.