Patent Filing in India (Provisional & Complete)

What is Patent Filing & Registration (IP India)?

A patent is a statutory right, granted by the Government for a limited period, that lets the patentee stop others from making, using, selling or importing the patented product or process without consent. In return, the invention must be fully disclosed. To be patentable in India an invention must be new (novel), involve an inventive step, be capable of industrial application, and not fall under the exclusions in Sections 3 and 4 of the Patents Act, 1970. You can file with a provisional specification to secure an early filing date while the invention is still being finalised, then file the complete specification within 12 months. You can also file a complete specification directly. The term of a patent is 20 years from the filing date, kept alive by annual renewal fees.

20 years from the filing date. Renewal fees are payable yearly from the 3rd year. E-filing fees for natural persons, startups, small entities and educational institutions: Rs 800 per year for years 3-6, Rs 2,400 for years 7-10, Rs 4,800 for years 11-15 and Rs 8,000 for years 16-20. Other applicants pay Rs 4,000, Rs 12,000, Rs 24,000 and Rs 40,000. Physical filing costs 10% more.

Who should apply

• Startups and technology companies (DPIIT-recognised startups get lower fees and expedited examination)
• MSMEs and manufacturers with new products, processes or machinery
• Individual inventors and researchers
• Universities, colleges and educational institutions
• Pharma, chemical, biotech, electronics, mechanical and software-hardware innovators
• R&D departments of companies

Benefits

Which one do you need?

Documents required

• Form 1: application for grant of patent
• Form 2: provisional or complete specification with claims (complete), drawings (if any) and abstract
• Form 3: statement and undertaking under Section 8 about corresponding foreign applications
• Form 5: declaration as to inventorship. It is filed with the complete specification and costs nothing when filed with it.
• Form 26: power of authority in favour of the patent agent, if filed through an agent
• Form 28: small entity / startup / educational institution declaration and supporting proof, to claim the lower fee
• Proof of right to apply, such as an assignment from the inventors, if the applicant is not the inventor
• Form 9: request for early publication (optional)
• Form 18 / 18A: request for examination / expedited examination
• Priority documents, if claiming priority from a foreign application
• Digital Signature Certificate (Class II/III) or e-Sign, needed for e-filing

How we get it done

1. 1
   Invention disclosure: you share a technical write-up, drawings and prototype details under NDA.
2. 2
   Prior-art (patentability) search: we search patent and non-patent literature and give a novelty and inventive-step opinion.
3. 3
   Strategy: provisional or complete filing, applicant category (natural person / startup / small entity / others) and whether early publication and expedited examination make sense.
4. 4
   Drafting: a registered patent agent drafts the specification, claims, drawings and abstract.
5. 5
   Filing: we e-file Form 1, 2, 3, 5 and 26 (and 28 if applicable) with the fee. You get an application number and filing date.
6. 6
   Complete specification: if you filed provisional first, we file the complete specification within 12 months.
7. 7
   Publication: the application is published after 18 months, or about a month after a Form 9 early-publication request.
8. 8
   Request for examination: Form 18 (or 18A) must be filed within 31 months from the priority/filing date for applications filed after 15 March 2024 (Patents Amendment Rules 2024), otherwise the application is treated as withdrawn.
9. 9
   Examination and FER: we analyse the First Examination Report and file the response and amendments within the deadline, and attend any hearing.
10. 10
    Grant: once objections are resolved the patent is granted and published. We then diarise annual renewal fees from the 3rd year.

Typical timeline: Complete specification within 12 months of a provisional (Patents Act / IP India). Publication at 18 months, or earlier with Form 9. Request for examination within 31 months of the priority date (Rule 24B as amended 15.03.2024). Realistic time to grant: about 1-2 years with expedited examination (Form 18A) and about 2-5 years with ordinary examination, depending on the technology field and objections. These are estimates, not official figures. Term is 20 years from filing, subject to renewal fees.

Fees

Source: 'The First Schedule Fees' PDF linked from IP India Patents > Forms & Official Fees (PDF creation date 31 Jul 2026, accessed 2026-09-28). It reflects the Patents Rules 2003 as amended, including the 2024 amendments that added 'educational institution' to the reduced-fee category. Physical filing costs about 10% more than e-filing. Startups, small entities and educational institutions must file Form 28 with proof. Typical minimum official fees for an individual or startup, e-filed: Form 1 Rs 1,600 + Form 18A Rs 8,000 = Rs 9,600 (or Rs 1,600 + Form 18 Rs 4,000 = Rs 5,600 for ordinary examination), plus Form 9 Rs 2,500 if early publication is wanted. For a company (others): Rs 8,000 + Rs 20,000 = Rs 28,000 for ordinary examination, or Rs 8,000 + Rs 60,000 = Rs 68,000 for expedited. CAUTION: IP India's Patent Rules page lists 'Draft Patent Rules' (Hindi, published 29/06/2026). This is a draft, not in force, and was not reviewed. Re-check fees if final rules are notified. Government fees are paid to the authority at actuals, over and above our fee. Fees last checked: 28 Sep 2026 (official sources).

Frequently asked questions