Patents

An invention can be patented if it is novel (not previously known or published anywhere in the world), involves an inventive step (not obvious to a person skilled in the art), and is capable of industrial application. India also has specific exclusions under Section 3 of the Patents Act, including for abstract theories, mathematical methods, business methods, computer programs per se, and certain categories of pharmaceutical and agricultural inventions.

The process begins with conducting a prior art search to assess novelty, followed by filing a patent application (either provisional or complete specification) with the Indian Patent Office. The application is published after 18 months (or earlier on request), after which a request for examination must be filed. The Patent Office then examines the application and may raise objections, which must be addressed within the prescribed timelines. If all requirements are met, the patent is granted. The process typically takes 3 to 5 years.

A provisional application allows you to establish an early filing date (priority date) before your invention is fully developed or your complete specification is ready. You then have 12 months to file the complete specification. This is particularly useful when you want to secure a priority date quickly, for instance before a public disclosure, a conference presentation, or a funding round, while continuing to refine the invention.

A patent in India is valid for 20 years from the date of filing, subject to the payment of annual renewal fees. Once a patent expires, the invention enters the public domain and can be used by anyone.

Yes. If you want protection in multiple countries, you can file individual national applications or use the Patent Cooperation Treaty (PCT) route. A PCT application allows you to file a single international application that preserves your priority in over 150 countries, giving you up to 30 months from the priority date to decide which countries to enter. We advise on international filing strategies and coordinate filings across jurisdictions through our global network.

A prior art search examines existing patents, publications, and publicly available information worldwide to determine whether your invention is truly novel. It helps you assess the strength of a potential patent application before incurring filing costs, identify existing patents that your product might infringe, and understand the competitive landscape in your technology area. We conduct global prior art searches across patent and non-patent literature.

Computer programs per se are excluded from patentability under Section 3(k) of the Patents Act. However, software that produces a technical effect or solves a technical problem, when claimed in combination with hardware or as part of a technical process, may be patentable. The Indian Patent Office’s 2025 CRI Guidelines provide more detailed guidance on this distinction. We advise on patent strategy for software and AI-related inventions.

Yes. The Indian Patent Office allows expedited examination for certain categories of applicants, including DPIIT-recognised startups, small entities under the MSME Act, female applicants, educational institutions, and government bodies. Expedited examination is requested by filing Form 18A electronically within 31 months from the priority date. The government fee for expedited examination is Rs. 8,000 for startups and small entities and Rs. 40,000 for natural persons and other applicants. Under the expedited route, examination timelines can be reduced to approximately 9 to 12 months from filing. The standard government fees for patent filing start at Rs. 1,600 for individuals, startups, and MSMEs (up to 30 pages and 10 claims) and Rs. 8,000 for large entities, with separate fees for the request for examination, early publication if opted for, and annual renewals from the third year onward. DPIIT-recognised startups also benefit from an 80% rebate on statutory patent fees.