Patent Filing Procedure in India: Step-by-Step Guide for 2025

Introduction to Patent Filing in India

Filing a patent is a critical step for inventors, startups, and companies looking to protect their innovations and maintain a competitive edge in the market. In simple terms, a patent is a legal right granted by the Indian government that allows an inventor to stop others from making, using, or selling their invention without permission. The patent filing procedure in India is governed by the Indian Patent Act and administered through the Indian Patent Office.

In today’s innovation-driven world, patent protection plays a vital role in promoting research, rewarding creativity, and encouraging economic development. Whether it’s a breakthrough in pharmaceuticals, a novel software algorithm, or a mechanical device, securing a patent ensures that your intellectual property is legally safeguarded. At Prasa IP, we help innovators navigate the patent filing process in India with clarity and ease.

What is a Patent and What Does It Protect?

A patent is a legal document issued by the government that grants exclusive rights to the inventor for a specific period—generally 20 years from the filing date. The patent protects new inventions that meet three basic criteria: novelty, inventive step, and industrial applicability.

You can file a patent for a process, a machine, a manufactured article, or a composition of matter. In India, even some types of software and design innovations may be eligible under certain conditions. However, things like abstract ideas, scientific principles, business methods, and natural substances are excluded under Indian patent law.

The patent application offers territorial protection, meaning a patent filed in India is valid only within the Indian territory unless extended through international filings. This is why understanding the patent application process in India and beyond is important when planning global commercialization.

Who is Eligible to File a Patent in India?

The patent filing procedure India allows multiple categories of applicants to seek protection for their inventions. These include:

• Indian citizens and residents
  
• Startups and MSMEs
  
• Registered companies and corporations
  
• Universities and research institutions
  
• Foreign applicants (through authorized patent agents)
  

Inventors can also assign their rights to another entity, such as their employer. Prasa IP assists individuals and organizations alike in determining eligibility and fulfilling all formalities for a smooth patent application procedure in India.

Types of Patent Applications in India

The types of patent filings in India are tailored to fit the innovation’s development stage and international plans. These include:

• Provisional Patent Application: Filed to secure a priority date while finalizing the invention.
  
• Complete Specification: A full application that includes claims, drawings, and detailed descriptions.
  
• Convention Application: Filed within 12 months of filing in another country under a treaty.
  
• PCT National Phase Application: For applicants who filed under the Patent Cooperation Treaty (PCT) and now want protection in India.
  
• Divisional Applications / Patents of Addition: For multiple inventions in a single application or improvements to an existing invention.
  

At Prasa IP, we guide inventors through selecting the correct application type and preparing a legally sound patent filing application.

Step-by-Step Patent Filing Procedure in India

Here’s a detailed breakdown of the process of patent filing procedure in India:

1. Patentability Search: Conduct a prior art search to ensure your invention is novel and hasn’t been patented already. Prasa IP provides advanced patent search services to avoid rejection.
   
2. Drafting Patent Documents: Prepare the required documents, including the patent specification, abstract, drawings, and claims. This step is critical—poor drafting can lead to objections or rejection.
   
3. Filing the Application: File the patent using appropriate forms (Form 1, Form 2, etc.) along with government fees. This can be done online or offline at the Indian Patent Office.
   
4. Publication of Application: The patent application is published 18 months from the date of filing. Early publication can be requested to accelerate the process.
   
5. Request for Examination: Submit Form 18 within 48 months from the filing date. The patent office will begin the examination process only after this request.
   
6. Examination and Objections: The examiner issues a First Examination Report (FER). Applicants must respond to any objections within 6 months. This may involve revising claims or providing technical explanations.
   
7. Grant of Patent: If all objections are resolved, the Indian Patent Office grants the patent and publishes it in the official journal.
   

Each of these steps requires accuracy and adherence to timelines. Prasa IP manages the entire filing procedure to avoid errors and delays.

How to File a Patent Application Online in India

Filing online simplifies the process for inventors and businesses. Here’s how to file patent in India online:

• Visit the official IP India e-filing portal.
  
• Log in with your credentials and digital signature.
  
• Upload forms (Form 1, 2, 3, etc.) and attach all supporting documents.
  
• Pay the applicable fees through the online system.
  
• Track application status through the online dashboard.
  

Online filing is faster, cost-effective, and offers better document management. Prasa IP provides full support for online patent filing, ensuring every step is accurately completed.

Patent Filing Fees in India – Updated for 2025

The patent filing fees in India depend on the category of applicant:

These are government fees. Additional professional fees may apply for services like patent drafting and consultation. Prasa IP offers transparent pricing and affordable packages for patent filing procedure bangalore services.

Fee concessions are available for startups and MSMEs, and partial refunds may apply in case of withdrawal before examination.

Common Mistakes to Avoid While Filing a Patent

Avoid these mistakes to ensure smooth approval:

• Skipping Prior Art Search: Leads to rejection due to existing patents.
  
• Inadequate Drafting: Poor claims and unclear descriptions invite legal objections.
  
• Missing Deadlines: Late submission of documents or Form 18 delays the entire process.
  
• Incorrect Applicant Details: Mistakes in name or ownership can affect patent rights.
  

With Prasa IP’s expert support, applicants can avoid these errors and stay compliant throughout the application procedure.

Patent Examination and Grant Process

Once Form 18 is submitted, the examination process begins. The timeline typically looks like this:

• Examiner reviews the application within 18–24 months.
  
• Issues a FER outlining objections or required changes.
  
• Applicant has 6 months (extendable) to respond.
  
• If accepted, the patent is granted and published.
  

Rejections are issued if the invention lacks novelty or clarity. Prasa IP helps draft effective replies and modifications to improve chances of patent approval.

Special Types of Patent Applications

Besides standard patents, India also allows:

• Design Patents: Protects the look or shape of a product, not its function.
  
• Software & AI Patents: Allowed only if tied to a technical application.
  
• Pharmaceutical Patents: Strictly examined under public health clauses.
  
• Divisional Applications: Used to separate multiple inventions into different applications.
  
• Patents of Addition: For improvements or modifications to an existing patent.
  

Understanding these categories helps choose the right path. Prasa IP offers specialized services in design patent filing procedure in India and other unique cases.

PCT Filing vs. National Filing in India

The Patent Cooperation Treaty (PCT) simplifies international patent protection. If you’ve filed a PCT application, you can enter the PCT National Phase in India within 31 months.

PCT Benefits:

• One international filing covers 150+ countries.
  
• Postpones national filing costs.
  
• Simplifies patent translation and search.
  

For foreign applicants, Prasa IP assists with national phase entry in India and coordination with international attorneys.

Importance of Patent Attorneys and IP Experts

Patent law combines technical, scientific, and legal knowledge. Here’s why working with experts like Prasa IP is essential:

• Accurate drafting of patent specifications and claims
  
• Strategic guidance on application types and filing timelines
  
• Representation before the Indian patent office
  
• Handling objections, FER responses, and appeals
  
• Expertise in both domestic and international patent filings
  

A qualified patent attorney ensures that your invention gets the protection it deserves without costly delays.

Why File Your Patent with PRASA IP

At Prasa IP, we are committed to protecting innovation through reliable and affordable patent services. Our clients include startups, research institutes, multinational companies, and independent inventors.

What sets us apart:

1. Over a decade of experience in patent filings
   
2. End-to-end service: from drafting to grant
   
3. Transparent pricing for all categories
   
4. Online filing support for hassle-free experience
   
5. Custom solutions for intellectual property rights protection
   

With Prasa IP, your innovation is in expert hands.

Conclusion and Next Steps

Filing a patent in India is a powerful step toward protecting and commercializing your invention. By understanding the patent filing procedure in India, inventors can secure legal rights, attract investors, and build brand value.

If you’re ready to move forward, Prasa IP offers expert guidance and seamless support throughout the application filing journey. Whether you’re a startup or an established firm, our IP services are tailored to meet your needs.

Contact Prasa IP today to protect your innovation with confidence.