How to File a Patent in India — Complete Step-by-Step Guide 2025

Step 1 — Determine if Your Invention is Patentable

Not every invention qualifies for a patent in India. Under the Patents Act, 1970, an invention must satisfy three criteria to be patentable:

• Novelty — The invention must be new and not publicly disclosed anywhere in the world before the filing date
• Inventive Step — The invention must not be obvious to a person skilled in the relevant technical field
• Industrial Applicability — The invention must be capable of being used or made in industry

Certain categories are specifically excluded from patentability in India, including: mathematical methods, business methods, discoveries of natural phenomena, software per se (but software with technical effect may be patentable), and methods of medical treatment.

Step 2 — Conduct a Prior Art Search

Before filing, search existing patents to see if something similar already exists. A prior art search helps you assess the novelty of your invention and understand the existing landscape.

Key databases to search: Indian Patent Office's InPASS database, Google Patents, Espacenet (European Patent Office), USPTO (US Patent Office).

Step 3 — Choose Your Filing Route

Type	When to Use	Validity
Provisional Application	Invention not fully developed yet — to secure priority date quickly	12 months to file complete
Complete Application	Invention fully developed with all claims	Full prosecution begins
PCT Application	International protection needed in multiple countries	30 months international phase
Convention Application	Already filed abroad and claiming priority	12 months from first filing

Step 4 — Draft the Patent Application

A patent application consists of several parts: the title, field of invention, background, summary, detailed description, claims and abstract. The claims are the most critical part — they define exactly what is legally protected.

Drafting strong claims requires technical and legal expertise. Poorly drafted claims can leave your invention unprotected or limit your protection unnecessarily. This is why most applicants work with a registered Patent Agent.

Step 5 — File at the Indian Patent Office

India has four patent offices: Delhi, Mumbai, Chennai and Kolkata. Your application must be filed at the office with jurisdiction over your place of residence or business. All filing can now be done electronically through the IPO's online portal.

Filing fees vary based on the type of applicant: natural person/startup/small entity pay lower fees than large entities. DPIIT-recognised startups get an 80% rebate on official fees.

Step 6 — Publication

After filing, applications are published in the Official Journal of the Patent Office — ordinarily 18 months after the filing date, or earlier if early publication is requested. Once published, the application becomes prior art.

Step 7 — Request for Examination

Publication does not automatically trigger examination. You must file a Request for Examination (RFE) within 48 months of the filing date (or priority date). Without this, the application is deemed withdrawn.

Step 8 — Respond to First Examination Report (FER)

After examination, the Patent Office issues a First Examination Report listing objections. You have 12 months to respond. A strong, well-argued response is critical to overcoming objections and moving toward grant.

Step 9 — Grant

If all objections are resolved, the patent is granted and published in the Official Journal. A granted Indian patent provides 20 years of protection from the filing date, subject to payment of annual renewal fees.