A patent gives you the exclusive legal right to make, use, and sell your invention in India for up to 20 years. Whether you are an individual inventor, a startup, or an established company, securing a patent protects your innovation from being copied and gives you a significant competitive edge. Here is a complete step-by-step guide to the patent registration process in India.
What Can Be Patented?
To be eligible for a patent in India under the Patents Act, 1970, your invention must satisfy three key criteria:
💡 Novel
Not publicly disclosed anywhere in the world before the filing date
⚙ Inventive Step
Non-obvious to a person skilled in the relevant field
🏭 Industrial Use
Capable of being made or used in some kind of industry
Government Filing Fee (Per Application)
Individual / Startup / MSME
₹1,600
For e-filing of ordinary application
Small Entity
₹4,000
For e-filing of ordinary application
Large Entity / Company
₹8,000
For e-filing of ordinary application
Additional government fees apply for examination request, excess claims, and excess pages. Vakil Help Desk charges a minimal professional fee for drafting, filing, and prosecution support.
Required Documents
- 1 Details of the Inventor(s) — full name, address, and nationality of all inventors
- 2 Details of the Applicant — individual, company, or assignee who will own the patent
- 3 Title of the Invention — a clear, concise title describing what the invention does
- 4 Complete / Provisional Specification — detailed technical description of the invention including claims, abstract, and drawings if applicable
- 5 Drawings / Diagrams — technical drawings wherever necessary to explain the invention (if applicable)
- 6 Form 1 — Application for Grant of Patent — official application form signed by the applicant
- 7 Form 26 — Power of Attorney — authorising a registered patent agent (assigned to your application) to act on your behalf. Vakil Help Desk supports your application through a registered patent agent — we are a facilitator, not a patent agent ourselves
- 8 Startup / MSME Certificate — if applicable, to qualify for the reduced government filing fee of ₹1,600
Step-by-Step Patent Registration Process
Here is a complete walkthrough of the patent application journey in India from start to grant.
Prior Art Search
Before filing, we conduct a thorough prior art search across global patent databases (Indian Patent Office, USPTO, EPO) to check whether your invention is novel and patentable. This step prevents wasted effort and filing costs on an invention that may already exist.
Strongly recommended before filingProvisional or Complete Application Filing
You have two options for filing:
Provisional Application
File early to secure your priority date even if the invention is not fully developed. You get 12 months to file the complete specification.
Complete Application
File directly with a fully drafted specification, claims, abstract, and drawings. This is the standard route when the invention is fully ready.
Publication of Application
After filing, your patent application is kept confidential for 18 months and then published in the Official Patent Journal automatically. If you need earlier publication, you can request early publication (Form 9) — this speeds up the overall process.
Auto-published at 18 monthsRequest for Examination (RFE)
Examination does not happen automatically — you must file a Request for Examination (Form 18) within 31 months from the priority date. Without this, the application is treated as withdrawn. We ensure this deadline is never missed. An expedited examination option (Form 18A) is also available at a higher fee for faster processing.
Examination by Patent Office
A Patent Examiner reviews the application and issues a First Examination Report (FER) raising objections related to novelty, inventive step, clarity of claims, or formal requirements. This is a standard part of the process — almost all applications receive at least some objections.
FER typically issued within 1–3 years of RFEResponse to First Examination Report (FER)
You must respond to the FER within 12 months of its issuance. Our experts draft a detailed technical and legal response addressing each objection raised by the examiner — including amendments to claims where required. A hearing may be scheduled if needed.
Must respond within 12 months of FERGrant of Patent
If the examiner is satisfied with your response, the patent is granted and published in the Patent Journal. You receive the Patent Certificate, which gives you exclusive rights over your invention for 20 years from the date of filing (subject to payment of annual renewal fees).
20-year exclusive protectionPost-Grant Opposition (if any)
Within 12 months of the patent being granted, any third party can file a post-grant opposition challenging its validity. The registered patent agent assigned to your application handles all opposition proceedings, including filing counter-statements and representing you at hearings. Vakil Help Desk supports and coordinates the process as your facilitator.
Post-grant opposition steps
How Long Does Patent Registration Take?
Patent registration in India is a lengthy process. Here is a realistic timeline to set the right expectations:
| Scenario | Estimated Time |
|---|---|
| No objections, smooth process | 3–5 years |
| With FER objections and response | 4–6 years |
| With post-grant opposition | 6+ years |
| Expedited examination (Form 18A) | 1–2 years (faster) |
Annual Renewal Fees
A granted patent must be renewed every year by paying renewal fees to the Indian Patent Office, starting from the 3rd year after the date of filing. Failure to pay renewal fees results in the patent lapsing. Vakil Help Desk provides renewal reminders and filing support to ensure your patent stays active throughout its 20-year term.
Important Notes
⚠ Please Read Before Proceeding
- Registered Patent Agent: Vakil Help Desk is a legal services facilitator and does not act as a registered patent agent. Your application will be filed and prosecuted by a registered patent agent assigned to your matter, as required under the Patents Act, 1970.
- Facilitator Role: Vakil Help Desk supports your patent application by coordinating with the assigned registered patent agent, assisting with documentation, and keeping you informed at every stage. We do not represent you directly before the Indian Patent Office.
- No Guarantee of Grant: Vakil Help Desk does not provide any guarantee, assurance, or surety regarding the grant of a patent. The grant of a patent is solely at the discretion of the Indian Patent Office based on the merits of the application and applicable law.
- Outcome Disclaimer: The timelines and outcomes mentioned in this article are indicative and based on general experience. Actual timelines may vary depending on the nature of the invention, departmental workload, and examination proceedings. Vakil Help Desk shall not be held liable for any delay or refusal by the Patent Office.
Have an invention worth protecting?
Vakil Help Desk connects you with registered patent agents and supports your application end-to-end — from prior art search and specification drafting to examination response and post-grant proceedings. We make the complex simple.
