Patent Registration in India: Process, Timeline and Costs
Publishing Date: 7 October, 2026
A patent gives the inventor the exclusive right to make, use and sell an invention in India for 20 years. In return, the invention is published so the public learns from it. For startups and manufacturers, a patent can be a key asset when raising funds or licensing technology.
What can be patented?
An invention must be:
- New — not published or used anywhere before the filing date
- Inventive — not obvious to a person skilled in the field
- Industrially applicable — it can be made or used in industry
Section 3 of the Patents Act excludes items such as mathematical methods, business methods, computer programs per se, plant and animal varieties, and mere new uses of known substances.
Step-by-step process
- Patentability search to check prior art.
- Draft the specification — provisional or complete, with claims and drawings.
- File the application with the Indian Patent Office (Form 1, with Form 2 specification).
- Complete specification within 12 months if you filed a provisional one.
- Publication after 18 months, or earlier on request.
- Request for examination within 31 months of the priority date.
- Examination report — respond to objections within the time allowed.
- Hearing if needed, then grant.
Provisional vs complete specification
| Provisional | Complete |
|---|---|
| Describes the invention broadly | Full description with claims defining the protection |
| Secures an early priority date | Needed for examination and grant |
| Useful while the product is still being refined | Filed within 12 months of the provisional |
Timeline and costs
A normal application can take a few years to reach grant. Recognised startups and some other applicants can request expedited examination. Startups, MSMEs, individuals and educational institutions pay much lower official fees than large companies. After grant, annual renewal fees keep the patent in force.
Tips
- Do not publish or demo your invention publicly before filing.
- Get NDAs signed with vendors and investors before sharing details.
- Draft claims carefully; they decide what the patent actually protects.
Our team works with patent agents on searches, drafting and filing. See patent registration and NDA drafting.
Why Choose Vaidam Consultancy?
Our team of chartered accountants, company secretaries and legal professionals handles the paperwork so you can focus on growing your business.
🌐 100% Online Process
Share documents from anywhere — no office visits needed.
📋 Deadline Tracking
We remind you before every due date, so you never pay avoidable late fees.
💬 Expert Guidance
Speak directly with a professional for advice that fits your situation.
🚀 Quick Turnaround
Clear timelines and regular status updates from start to finish.
Call or WhatsApp us at +91 78369 69141 or email vaidamconsultancyllp@gmail.com.
Frequently Asked Questions
Q1. How long does a patent last in India?
Twenty years from the filing date, subject to payment of annual renewal fees.
Q2. What is a provisional patent application?
An early filing describing the invention, which secures your priority date. You must file the complete specification within 12 months.
Q3. Can software be patented in India?
Computer programs per se are excluded, but an invention that shows a technical effect or technical contribution may be patentable.
Q4. Do startups get fee concessions?
Yes. Recognised startups, MSMEs, individuals and educational institutions pay lower official fees and startups can request expedited examination.
Related guides
Mukul Tomar writes Vaidam Consultancy’s guides on company registration, GST, income tax and ROC compliance. An experienced blog writer on Indian tax and business law, his articles have also been published on TaxGuru. He turns complex rules into clear, practical steps that business owners can act on.
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