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Patent Filing in India, From Draft to Grant

Patent registration in India is really the grant of a patent: you file an application with the Patent Office under the Patents Act, 1970, and an exclusive right exists only if a patent is granted. A registered patent agent, named to you before filing, drafts, signs and files the application; StampMitra coordinates, tracks deadlines and pays fees at actuals. We are a filing assistance platform, not the Patent Office and not a patent agent.

What a patent is and what filing does

A patent gives the owner an exclusive right to make, use, sell and import the invention for the patent term. The Patent Offices are at Delhi, Mumbai, Kolkata and Chennai. To be patentable an invention must be new, involve an inventive step, be capable of industrial application, and not fall in an excluded category.

What can and cannot be patented

The Act excludes several categories under section 3 and section 4.

  • Novelty
  • Inventive step
  • Industrial applicability
  • Excluded: discoveries and mere admixtures
  • Excluded: software per se and living things
  • Not a patent matter

Provisional or complete specification

Provisional specification / Complete specification

  • Provisional specification
  • Complete specification

Government fees (e-filing)

IP India patents fee schedule (PDF), checked on 25 October 2026. Physical filing is about 10% higher.

  • Form 1 with provisional or complete specification (up to 30 sheets, 10 claims, one priority): ₹1,600
  • Each extra sheet over 30: ₹160
  • Each extra claim over 10: ₹320
  • Form 2 complete specification after a provisional: No fee (extra sheets and claims as above)
  • Forms 3, 5 and 26: No fee
  • Form 9, early publication: ₹2,500

Work out your government fee

Choose the applicant category and tick the steps you plan to take.

Forms and documents

Digital signature is used for e-filing.

  • Form 1, application for a patent
  • Specification (Form 2)
  • Form 5, declaration as to inventorship (by case)
  • Form 3, statement of foreign filings (section 8)
  • Proof of right to apply
  • Form 26, authorisation of the registered patent agent

Step by step to grant

Official stages under the Patents Act and Rules.

Time limits and what happens if you miss them

The Patent Office does not publish a fixed time to grant, so we do not promise one.

  • Complete specification after a provisional: 12 months, extendable by 3 months on request and fee
  • Publication: 18 months from filing or priority date
  • Request for examination: 31 months from the earlier of the priority and filing dates (filed on or after 15 March 2024); 48 months for
  • Reply to the First Examination Report: 6 months, extendable by 3 months
  • PCT national phase: 31 months from the priority date
  • Working statement (Form 27): Once for each block of 3 financial years, from the year after the grant year, within 6 months after the block

Common reasons for objection and how to avoid them

Lack of novelty or inventive step compared with prior art. Search first.

  • Lack of novelty or inventive step compared with prior art. Search first.
  • The invention falls in an excluded category, such as a computer programme per se or a new form of a known substance.
  • Claims that are too broad or unclear, or a specification that does not disclose enough.
  • Missing Form 3 or Form 5, or errors about who the inventors are.
  • Public disclosure before filing. The grace period applies only if the section 31 conditions are met.
  • Missing the complete specification or the reply deadline.

What StampMitra does for you

StampMitra is a filing assistance platform. It is not the Patent Office, not a law firm and not a patent agent.

  • Intake and scoping
  • A registered patent agent files
  • Fees at actuals and documents
  • Deadline tracking

How it works

  1. Search and draft Search prior art and draft the specification with title, abstract, claims and drawings.
  2. File Form 1, 2 and 3 File the application online, as a provisional or complete specification.
  3. File the complete specification If you filed a provisional, file the complete specification within 12 months.
  4. Request examination File Form 18 (or 18A) within the time limit for your filing date.
  5. Reply to the examination report Reply to the First Examination Report within 6 months, extendable by 3.
  6. Grant and renewals After grant, pay renewal fees every year from the third year.

Frequently asked questions

Can I file a provisional application first?

Yes. A provisional specification fixes an early date. The complete specification must follow within 12 months, extendable by 3 months on request and fee.

How much is the Form 1 fee for a startup?

₹1,600 for e-filing, against ₹8,000 for other applicants. You claim the category with Form 28 and proof of startup or small-entity status.

When is my application published?

18 months from the filing or priority date, unless you request early publication on Form 9.

Does a filed application protect my invention?

It gives you a filing date, but no enforceable monopoly. Only a granted patent can be enforced.

How long does a patent last?

20 years from the date of filing of the application, as long as renewal fees are paid every year from the third year.

Is a patent "registered" or "granted"?

Granted. The final document is the grant of the patent and the patent certificate.

Do I pay renewal fees every year?

Yes, from the third year. The fee rises in steps from ₹800 (or ₹4,000 for others) to ₹8,000 (or ₹40,000) in years 16 to 20.

Can software be patented?

Not a computer programme per se. An invention that goes beyond that may be examined on its merits. Software code as such is protected by copyright.

Can I speed up examination?

Yes, by filing Form 18A for expedited examination, which is available to startups, small entities and the other applicants named in the Rules. The fee is ₹8,000 (₹60,000 for others).

Do I need a patent agent?

An applicant may file alone, but only a registered patent agent can act for someone else, and a company cannot practise as one. Here a named registered patent agent drafts, signs under your Form 26 and files; StampMitra coordinates and tracks deadlines. Every applicant needs an Indian address for service.

What is Form 27, the working statement?

A statement filed once for each block of 3 financial years, from the year after the grant year, within 6 months after the block ends. It says whether the patent has been worked in India and, if not, why. It carries no fee.

Will showing my invention before filing cost me the patent?

It can. A narrow 12-month grace period applies only in the section 31 cases, claimed on Form 31. A website, pitch, sale or your own use is not covered, so tell us before you spend on the filing.

Can I file abroad first?

An Indian resident needs permission under section 39 (Form 25) before filing abroad first. We confirm the waiting period.