R M   L E G A L

Patent Filing and Protection

RM Legal advises businesses, manufacturers, start-ups and inventors on protecting inventions in India and abroad. We handle patentability searches, drafting, filing and prosecution before the Indian Patent Office, and coordinate international filings through the Patent Cooperation Treaty (PCT) and foreign counsel. For businesses based in Surat, see Patent Registration in Surat.

What We Do

Our work includes:

  • Patentability and prior art searches
  • Freedom-to-operate assessments before a product is launched
  • Drafting provisional and complete specifications
  • Filing and prosecution before the Indian Patent Office, including responses to examination reports and hearings
  • Pre-grant and post-grant oppositions
  • PCT international applications and national phase entry in India
  • Renewals, working statements and portfolio management
  • Licensing, assignment and technology transfer agreements

What Can Be Patented

An invention can be patented in India if it is new, involves an inventive step, and is capable of industrial application. Section 3 of the Patents Act, 1970 excludes several categories, including mere discoveries, mathematical and business methods, computer programs and algorithms as such, methods of agriculture or horticulture, traditional knowledge, and the mere new use of a known substance. Software-related inventions can be patentable where the claimed invention makes a technical contribution and is not a computer program as such.

The Patent Process in India

  • Search and assessment: a prior art search to judge whether the invention is new and inventive, and how the claims should be framed.
  • Filing: a provisional application can be filed to secure a priority date while the invention is still being developed, followed by a complete specification within 12 months. Alternatively, a complete specification can be filed directly.
  • Publication: the application is published 18 months from the priority date, or earlier on request.
  • Request for examination: an application is examined only on request, which must be filed within 31 months from the priority date. Expedited examination is available to eligible applicants, including DPIIT-recognised start-ups, small entities, women applicants and government entities.
  • Examination: the Patent Office issues a First Examination Report. The response is due within six months, which can be extended by three months.
  • Hearing and grant: if objections remain, a hearing is held before the Controller decides on grant.
  • After grant: a patent lasts 20 years from the date of filing. Renewal fees are payable from the third year, and a statement of working (Form 27) must be filed once every three financial years.

Protecting Inventions Abroad

Patents are territorial. An Indian patent does not protect an invention in other countries. Applications abroad can claim the Indian priority date if they are filed within 12 months. A PCT application keeps options open in more than 150 countries and defers national filings, generally to 30 or 31 months from the priority date. Indian residents must obtain a foreign filing permit from the Patent Office before filing abroad, unless an application was first filed in India at least six weeks earlier.

Official Fees

For electronic filing, the official fee for a patent application is ₹1,600 for natural persons, start-ups, small entities and educational institutions, and ₹8,000 for other applicants. The fee for a request for examination is ₹4,000 and ₹20,000 respectively. Additional fees apply for specifications longer than 30 pages and for more than 10 claims. These are separate from professional fees.

Before You File

  • Keep the invention confidential until an application is filed. Public disclosure, including at trade fairs, in sales material or online, can prevent a valid patent.
  • Make sure ownership is clear. Inventions made by employees, consultants or development partners should be covered by written assignment terms.
  • Record the development of the invention with dated notes, drawings and test results.

Frequently Asked Questions

How long does a patent last?
20 years from the date of filing, subject to payment of annual renewal fees.

What is a provisional application?
A provisional application secures a priority date while the invention is still being developed. A complete specification must follow within 12 months, or the application is treated as abandoned.

How long does it take to obtain a patent in India?
It varies by technical field and the Patent Office's workload, and under the ordinary route it commonly takes several years. Expedited examination can shorten this considerably for eligible applicants.

Can software be patented in India?
Computer programs as such cannot be patented. An invention involving software can be patentable where it makes a technical contribution, for example by improving how a device or system functions.

Will an Indian patent protect my invention abroad?
No. Patents are territorial. To protect the invention abroad, file in other countries within 12 months of the Indian application, or file a PCT application.

I have already disclosed my invention. Can I still apply?
Prior disclosure can affect novelty. The Patents Act has limited exceptions, such as display at certain notified exhibitions, that apply only if the application is filed within 12 months of the disclosure. Seek advice as early as possible.

Reviewed by Nandita Goyal, Partner. Last reviewed: October 2026.

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