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IP India guide

Indian patent timeline, from filing to expiry

By , Co-founder, PatentAssist.ai
Updated

An Indian patent moves through fixed statutory deadlines and some stages whose length varies. This page lists every deadline from the day you file to the end of the 20-year term, with the section or rule it comes from.

Quick answer

  • Publication: 18 months from the priority or filing date, or earlier on Form 9.
  • Examination: request it on Form 18 within 31 months; reply to the FER within 6 months.
  • Grant: not before 6 months from publication. The total time to grant varies.
  • Term: 20 years from the filing date, with renewal fees every year from the 3rd year.

The Indian patent timeline, step by step

Periods run from the filing date unless stated. Where a priority date is claimed, publication and Form 18 run from the earlier of the two.

Indian patent timeline from filing to expiry
When What happens
Day 0 s.7, s.45, s.53 Application filed on Form 1 with a provisional or complete specification. This is the date of the patent, and the 20-year term runs from it.
6 weeks s.39 Earliest a resident of India can file abroad without a foreign filing permit, if no secrecy direction applies.
6 months rule 12(1A) Form 3, the statement on corresponding foreign applications, is due.
12 months s.9(1) Complete specification due if you filed a provisional. Otherwise the application is deemed abandoned.
18 months s.11A, rule 24 Publication in the Patent Journal, ordinarily within a month after 18 months from the priority or filing date. Earlier if Form 9 is filed.
Publication to grant s.25(1), rule 55 Anyone can file a pre-grant opposition. It is considered once a request for examination is on file.
31 months rule 24B(1), rule 20(4) Form 18 deadline from the priority or filing date (48 months for applications filed before 15 March 2024). Also the PCT national phase deadline.
After Form 18 and publication rule 24B(2), (3) The application joins the examination queue in the order requests were filed. The First Examination Report (FER) follows. The wait varies.
FER + 3 months rule 12(2) Updated Form 3 details due, under the 2024 amendment.
FER + 6 months s.21, rule 24B(5), (6) Application must be put in order for grant. Extendable by 3 months on Form 4, or it is deemed abandoned.
Hearing + 15 days s.14, rule 28(7) Written submissions due after a hearing, if one is held.
Grant s.43, rule 55(1A) Granted once in order, and not before 6 months from publication. The grant is published in the Journal.
Grant publication + 1 year s.25(2) Last day for any person interested to file a post-grant opposition.
End of year 2 s.53(2), rule 80, s.142(4) First renewal fee, for year 3, is due. If the grant comes later, renewals already due are payable within 3 months of the grant being recorded.
Every 3 financial years after grant s.146(2), rule 131(2) Working statement on Form 27, due within 6 months after each three-year period ends.
20 years s.53(1) The patent expires, if every renewal fee has been paid.

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

There is no fixed answer. The Act and rules set the deadlines above, and the rules set targets for the steps inside the Patent Office once an examiner takes an application up (rule 24B(2) and (3)). How long an application waits in the queue before that, and how many rounds of objections it goes through, varies from case to case. The application status guide shows how to see where an application stands.

What you control:

  • File a complete specification at the start instead of a provisional.
  • File Form 9 for early publication and Form 18 without waiting for the deadline; an application is examined only once it is published (rule 24B(2)).
  • Use expedited examination on Form 18A if you qualify under rule 24C.
  • Answer the FER fully and early. The FER response guide explains how.

Opposition windows

Pre-grant: any person can file a representation on Form 7A at any time after publication and before grant (section 25(1), rule 55(1)). The Controller considers it only once a request for examination is on file (rule 55(2)). Since 2024 the applicant has 2 months, not 3, to reply to a notice on it (rule 55(4)).

Post-grant: any person interested can file a notice of opposition on Form 7 after grant and within one year of the date the grant is published (section 25(2), rule 55A).

After grant: renewals, Form 27 and expiry

Renewal fees are due before the end of each year from the 2nd year onwards, to keep the patent in force for the next year (rule 80(1)). If the patent is granted more than two years after filing, the renewals that have fallen due can be paid within 3 months of the grant being recorded in the register, extendable to 9 months (section 142(4)). The patent fees in India page lists the amounts.

The working statement on Form 27 is filed once for every three financial years, starting with the financial year after the year of grant, within six months after each period ends (rule 131(2), as substituted in 2024). It was annual before.

The patent expires 20 years from the filing date (section 53(1)). For a PCT national phase application the 20 years run from the international filing date. A patent that lapses for non-payment can be restored within 18 months of the lapse (section 60).

Check any application's dates

Look up an Indian application to see its filing and priority dates, publication and status, and work out which deadline comes next.

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Indian patent timeline: frequently asked questions

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

It varies, and neither the Act nor the rules fix a total. The statutory steps are publication 18 months from the priority date (earlier on Form 9), a request for examination within 31 months, and a 6-month period to answer the First Examination Report. No patent can be granted within 6 months of publication. The wait for examination depends on the queue and on how quickly objections are resolved.

How can I get an Indian patent faster?

File a complete specification rather than a provisional, file Form 9 for early publication and Form 18 at the same time, and use expedited examination on Form 18A if you qualify under rule 24C, for example as a startup or small entity. Then answer the FER fully and early.

How long is a patent valid in India?

20 years from the date the application was filed, under section 53(1), as long as the renewal fees are paid every year from the 3rd year. For a PCT national phase application the 20 years run from the international filing date.

When is an Indian patent application published?

18 months from the priority date or filing date, whichever is earlier (section 11A and rule 24). Publication ordinarily follows within one month of that date, or within one month of a request for early publication on Form 9.

When can someone oppose an Indian patent?

A pre-grant opposition can be filed by any person at any time after publication and before grant (section 25(1)). After grant, any person interested can file a post-grant opposition within one year of the date the grant is published (section 25(2)).

How often is Form 27 filed?

Once for every period of three financial years, starting from the financial year after the one in which the patent was granted, within six months after each period ends (rule 131(2), as substituted in 2024). The Controller can extend this by up to three months on Form 4.

What happens if a renewal fee is missed?

The renewal deadline can be extended by up to 6 months on Form 4 (rule 80(1A)). After that the patent ceases to have effect (section 53(2)), and the patentee can apply on Form 15 to restore it within 18 months of the lapse (section 60).

Sources: Patents Act, 1970, sections 9, 11A, 21, 25, 39, 43, 53, 60, 142 and 146; Patents Rules, 2003, rules 12, 20, 24, 24B, 28, 55 and 80; Patents (Amendment) Rules, 2024, including the new rule 131(2). This guide is general information, not legal advice. Deadlines depend on your application's facts, so confirm them with a registered patent agent.