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.
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.
The Act excludes several categories under section 3 and section 4.
Provisional specification / Complete specification
IP India patents fee schedule (PDF), checked on 25 October 2026. Physical filing is about 10% higher.
Choose the applicant category and tick the steps you plan to take.
Digital signature is used for e-filing.
Official stages under the Patents Act and Rules.
The Patent Office does not publish a fixed time to grant, so we do not promise one.
Lack of novelty or inventive step compared with prior art. Search first.
StampMitra is a filing assistance platform. It is not the Patent Office, not a law firm and not a patent agent.
Yes. A provisional specification fixes an early date. The complete specification must follow within 12 months, extendable by 3 months on request and fee.
₹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.
18 months from the filing or priority date, unless you request early publication on Form 9.
It gives you a filing date, but no enforceable monopoly. Only a granted patent can be enforced.
20 years from the date of filing of the application, as long as renewal fees are paid every year from the third year.
Granted. The final document is the grant of the patent and the patent certificate.
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.
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.
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).
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.
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.
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.
An Indian resident needs permission under section 39 (Form 25) before filing abroad first. We confirm the waiting period.