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Siddhu ManojFounder & CEO of Two-LYP Computations Pvt. Ltd.
“Incorporating my Startup with IncorpX was an incredibly smooth and hassle-free experience. The team was highly professional, guiding us every step of the way with clear communication and prompt support. The registration process was fast, and every detail was handled with precision and accuracy. Highly recommend IncorpX for anyone starting a business.”
Abhishek LohaniDirector at Lohani Learnings
“Company is good and service is also smooth. I used their compliance service and the response was timely with no delay and price are also convenient. They are always available to cater your need.”
Chandan Kr. ChaudharyFounder of Creative Minds
“I am very satisfied with the team of IncorpX for providing the top notch services. Team of IncorpX was giving the update on daily basis was one of the best thing which I experience in Corporate. keep doing it. Thank you!”
Jayavijaya SJFounder of Agro Farms
“Don't think twice.Got my company incorporates here. Tbh very impressed by the quality of service provided by this team. Very organized and friendly team. Had a smooth and peaceful experience. Timely regular updates were provided by the team. Overall a great experience.”
Anoop KrishnanFounder of EIGHTH DAY FORGE
“It's rare to find a service provider who makes the process feel personal - IncorpX absolutely did. From day one, they patiently explained every detail without any jargon, making it easy to understand and stress-free. There was zero chasing, no delays-just efficient, smooth execution all the way through. I felt supported, heard, and confident at every step of registering my company EIGHTH DAY FORGE (OPC) Private Limited. Thanks to Mr. Sriram and his wonderful team.”
Ramesh LankeFounder of EKnal Technologies
“IncorpX made the entire registration process for our company, EKnal Technologies, smooth and stress-free. Their team was professional, efficient, and incredibly supportive from start to finish. Highly recommend them to any founder looking for a reliable partner in their business journey! Special shoutout to Sriram and Aswin-your support, clarity, and responsiveness made the whole process incredibly smooth.”
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Why Choose Us
Why Choose Us?
Expert Legal Team
Experienced legal experts in company formation and corporate law.
Fast Turnaround
Kickstart your venture with efficient company setup, generally processed within a week.
Dedicated Support
Personal manager by your side, every step of the way and beyond.
Complete Documentation
We handle all paperwork and ensure full legal compliance.
Business Growth Tools
Free business resources to fuel your company's success from day one.
24/7 Customer Service
Round-the-clock assistance for all your concerns.
Protect Your Invention with 20-Year Patent Rights?
File your patent application with IncorpX. Prior art search, specification drafting, IPO filing, and FER response included from ₹8,999. Startups save 80% on government fees.
Simple Process
Here's How It Works
01
Fill the Form
Simply fill the above form to get started.
02
Call to discuss
Our startup expert will connect with you & complete legalities.
03
Register Your Patent in 7 Steps
Our patent attorneys handle the complete process from prior art search to patent grant under the Patents Act, 1970.
Pricing
Simple & Transparent Pricing
MOST POPULAR
Patent Registration Package
From ₹8,999 one-time professional fee
Complete within 7 days
7-day turnaround 100% guaranteed
Comprehensive Prior Art Search
Patentability Analysis Report
Provisional/Complete Specification Drafting
Claims & Abstract Preparation
Form 1, 2, 3, 5, 28 Filing
IPO Application on ipindia.gov.in
Publication Monitoring
Request for Examination (Form 18)
FER Response (First Examination Report)
Patent Grant Support & Certificate
*Government fees are additional and vary based on company structure
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Our proprietary AI engine streamlines every step of business setup, from intelligent name suggestions to automated document drafting and compliance tracking.
AI-Powered Business Name Approval Check
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NOVA AI
Premium Plan
IncorpX Prime
An all-inclusive solution for startups and expanding enterprises seeking a streamlined, compliant incorporation process.
Key Benefits
Personalised support from dedicated incorporation specialists.
Application prepared and filed within 2 days.
24/7 customer assistance.
Important Notes
We strive to register your preferred business name whenever feasible.
Alternative name suggestions are provided if the preferred name is not approved.
Package includes first-year compliance services: auditor appointment, annual filings, and related obligations.
Patent registration is the legal process of filing an application with the Indian Patent Office under the Patents Act, 1970 to secure exclusive commercial rights over an invention for 20 years, provided it meets novelty, inventive step, and industrial applicability criteria.
Administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM) under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, the Indian patent system follows a first-to-file principle. The first person to file a patent application receives priority regardless of who invented first, making early filing critical. India received over 66,000 patent applications in 2023, reflecting growing awareness of IP value among inventors and businesses. The Indian Patent Office operates from 4 branch offices in Delhi (head office), Mumbai, Chennai, and Kolkata, with all applications filed electronically through ipindia.gov.in.
At IncorpX, our team of registered patent attorneys has filed 300+ patents across 15+ industries including pharma, biotech, IT, manufacturing, and consumer electronics. Our ₹8,999 all-inclusive package covers prior art search, specification drafting under Section 10, IPO filing, and First Examination Report (FER) response. DPIIT-recognized startups save 80% on all government fees.
Patent registration is governed by the Patents Act, 1970 (as amended in 2005 for TRIPS compliance) and the Patent Rules, 2003 (as amended 2024). Key sections include Section 3 & 4 (non-patentable subject matter), Section 7 (application), Section 10 (specification), Section 25 (opposition), Section 43 (grant), and Section 53 (20-year term). The Indian Patent Office processes all applications under CGPDTM. For comprehensive IP protection, explore our intellectual property services.
Parameter
Details
Governing Law
Patents Act, 1970 (amended 2005)
Governing Rules
Patent Rules, 2003 (amended 2024)
Regulator
CGPDTM under DPIIT, Ministry of Commerce & Industry
Processing Time
3 to 5 years (regular); 12 to 24 months (expedited)
A patent is an exclusive right granted by the government to an inventor, providing a new way of doing something or offering a new technical solution to a problem. It is the strongest form of intellectual property protection for technical innovations under the Patents Act, 1970.
Under the Patents Act, 1970, an invention must meet three key criteria: Novelty (the invention must be new and not publicly disclosed anywhere in the world before filing, Section 2(1)(l)), Inventive Step (it must not be obvious to a person skilled in the art, Section 2(1)(ja)), and Industrial Applicability (it must be capable of being made or used in an industry, Section 2(1)(ac)). Based on our experience filing 300+ patents, approximately 30% of initial applications face FER objections related to prior art or Section 3/4 exclusions. A well-drafted specification with strategically crafted claims reduces these objections by 60%.
A granted patent gives the patentee the right to exclude others from making, using, selling, or importing the patented invention without permission for 20 years from the filing date. Unauthorized use constitutes patent infringement under Section 104, which can lead to civil remedies including injunctions, damages, and accounts of profits in District Courts.
Essential Patentability Requirements:
Novelty (Section 2(1)(l)): The invention must be new and not disclosed to the public anywhere in the world before the filing date. Any prior publication, use, or disclosure destroys novelty.
Inventive Step (Section 2(1)(ja)): The invention must involve a technical advance or economic significance that is not obvious to a person skilled in the art.
Industrial Applicability (Section 2(1)(ac)): The invention must be capable of being made or used in some kind of industry, including agriculture.
Not Excluded (Sections 3 & 4): The invention must not fall under non-patentable subject matter listed in Sections 3 and 4 of the Patents Act, 1970.
Publicly disclosing your invention before filing destroys novelty. Unlike the US, India has no grace period for pre-filing disclosure. File at least a provisional specification before publishing research papers, presenting at conferences, launching products, or discussing with third parties without an NDA. A provisional filing secures your priority date for just ₹1,600 (startup fee).
Types of Patents in India:
While Indian patent law does not formally categorize patents, inventions are classified based on their nature. Understanding these categories helps determine the right filing strategy:
Type
Description
Examples
Utility Patents
Protect new and useful processes, machines, manufactures, or compositions of matter
Machines, tools, chemical compounds, manufacturing processes
Process Patents
Protect methods of manufacturing or producing something
Protect the product itself, regardless of how it is manufactured
Pharmaceutical drugs, chemical compounds, mechanical devices
Software Patents
Protect software with technical effect or hardware integration (limited scope under Section 3(k))
Software-hardware systems, technical algorithms with real-world effect
Biotechnology Patents
Protect biotech inventions including microorganisms and bioprocesses
Genetically modified organisms, fermentation processes, recombinant DNA
Design registration protects the visual appearance and aesthetics of a product (how it looks, 10 to 15 years). Patent registration protects the technical function and innovation (how it works, 20 years). Products with both functional innovation and unique appearance benefit from dual protection. A smartphone, for example, can have a patented processor architecture and a registered external design.
Who Can Apply for Patent Registration in India?
Under Section 6 of the Patents Act, 1970, the following persons and entities can apply for patent registration:
Applicant Type
Govt Fee (Provisional)
Eligibility Proof Required
Individual / Startup
₹1,600
Aadhaar + DPIIT Certificate + Form 28
Small Entity
₹4,000
Entity proof + Udyam Certificate + Form 28
Large Entity (Company)
₹8,000
Certificate of Incorporation
Foreign Applicant
₹8,000
Passport + Indian address for service
True and first inventor (individual)
Assignee of the inventor (company, institution)
Joint applicants (co-inventors)
Legal representative of a deceased inventor
Research institutions and universities
Foreign applicants (Indian address for service required)
Get DPIIT Startup Recognition before filing your patent to save 80% on all government fees. A startup with Udyam Certificate can also qualify as a "small entity" for reduced fees. The recognition process is free and takes 2 to 5 working days on startupindia.gov.in. Total patent savings over 20 years can exceed ₹2 lakh in government fees alone.
What Cannot Be Patented in India?
Under Sections 3 and 4 of the Patents Act, 1970, the following inventions are not patentable in India:
Section 3(a): Inventions contrary to public order, morality, or natural laws
Section 3(c): Discovery of scientific principle or abstract theory
Section 3(d): New form of known substance without enhanced efficacy (Novartis v Union of India, 2013)
Section 3(h): Methods of agriculture or horticulture
Section 3(i): Medical, surgical, or therapeutic treatment methods
Section 3(j): Plants and animals (substantially biological processes)
Section 3(k): Computer programs per se, mathematical methods, business methods, algorithms
Section 3(l): Literary, dramatic, musical, or artistic works (copyright territory)
Section 3(p): Traditional knowledge and known substances
Atomic energy inventions (Section 4, Atomic Energy Act, 1962)
Software "per se" is excluded under Section 3(k), but software producing a "technical effect" can be patented. The key is drafting claims that emphasize the technical process and hardware interaction, not the software code. The Delhi High Court confirmed this approach in Ferid Allani v Union of India (2020). For source code protection, consider copyright registration which covers software as a literary work.
Benefits of Patent Registration in India:
Patent registration provides powerful legal protection for your inventions. Here are the key benefits with specific data points:
1. 20-Year Legal Monopoly
Patent grant under Section 43 provides exclusive rights to make, use, sell, or import the invention across India for 20 years from filing date. Competitors face infringement proceedings under Section 104.
2. Revenue through Licensing
License your patent to third parties for royalty income under Section 68. Patent royalties enjoy a concessional tax rate of 10% under Section 115BBF of the Income Tax Act, 1961.
3. 80% Fee Discount for Startups
DPIIT-recognized startups pay only ₹1,600 (vs ₹8,000 for large entities) for provisional filing. Startups also qualify for expedited examination via Form 18A, reducing processing time to 12 to 24 months.
4. Business Valuation Asset
Granted patents are intangible assets that increase company valuation. Patents can be used as collateral for bank loans, attract investors, and strengthen funding rounds.
5. International Protection
File in 150+ countries through the PCT route or claim priority under the Paris Convention within 12 months. India is a TRIPS, PCT, and Paris Convention member.
6. Government Support Schemes
Access Startup IP Promotion Programme (SIPP) for free filing assistance, Patent Facilitation Centre (PFC) under TIFAC, and 80% fee subsidy for startups.
7. Market Exclusivity
Prevent competitors from manufacturing, selling, or importing your patented invention. The 20-year monopoly allows premium pricing and first-mover advantage.
8. Credibility and Trust
A granted patent signals innovation capability to investors, partners, and customers. Patent portfolio strength is a key diligence factor in venture funding and M&A.
Disadvantages of Not Registering a Patent:
Failing to register a patent exposes your invention to significant risks:
No Legal Protection
Without a patent, anyone can legally copy, manufacture, and sell your invention. You have no legal remedy for imitation.
Lost Revenue Opportunity
Unpatented inventions cannot be licensed for royalties. You miss Section 115BBF tax benefits (10% concessional rate) on patent royalty income.
Reduced Valuation
Companies without patent portfolios receive lower valuations during fundraising, acquisitions, and IPOs. Investors view patents as a competitive moat.
Competitor Advantage
A competitor who files first under India's first-to-file system can patent a similar invention and potentially block your commercial use.
No Priority for International Filing
Without an Indian filing, you cannot claim Paris Convention priority for filing abroad within 12 months.
Missed Startup Benefits
Unregistered startups miss the 80% fee discount, expedited examination, and SIPP programme benefits available to patentees.
All-inclusive: prior art search + drafting + filing + FER response. No hidden charges.
Types of Patent Applications:
Different types of patent applications serve different purposes:
Application Type
Description
When to Use
Provisional Application
Preliminary filing without complete specification. Secures priority date. Must file complete specification within 12 months.
When invention is still in development or testing phase
Complete/Ordinary Application
Full application with complete specification and claims. Can be filed directly or after provisional.
When invention is fully developed and ready for protection
Convention Application
Filed claiming priority from an earlier application in a convention country (within 12 months).
When seeking Indian protection after filing abroad
PCT National Phase
Entry into India through PCT route (within 31 months from priority date).
When filing in multiple countries through PCT system
Patent of Addition
For improvements/modifications to an already patented invention.
When improving upon your own patented invention
Divisional Application
When original application covers multiple inventions, separate applications can be filed.
When objection raised for claiming multiple inventions
Documents Required for Patent Registration:
The following documents and forms are needed for patent registration in India. Requirements vary based on whether you are an individual inventor, company, or filing a convention/PCT application:
Category
Document / Form
Purpose
Application Forms
Form 1 (Application for Patent)
Main application with applicant and inventor details
Form 2 (Provisional / Complete Specification)
Detailed description with claims, abstract, and drawings
Form 3 (Statement under Section 8)
Details of corresponding foreign applications filed
Declarations
Form 5 (Inventorship Declaration)
Statement declaring the true and first inventor(s)
Form 26 (Power of Attorney)
Authorization for patent agent to file on behalf of applicant
Form 28 (Entity/Startup Declaration)
For claiming 80% fee discount as startup or small entity
Identity Proof
PAN Card, Aadhaar Card, or Passport
Identity and address verification of applicant(s)
DPIIT Startup Certificate / Udyam Certificate
For 80% fee discount eligibility verification
Invention Details
Technical Drawings / Diagrams (A4 format)
Visual representation of the invention
Priority Document (Convention/PCT)
Certified copy of earlier foreign application
Upload all documents in PDF format with file size under 10 MB per document. Drawings must be in A4 format with proper margins (left: 2.5 cm, top: 2.5 cm, right: 1.5 cm, bottom: 1 cm). Specifications over 30 pages attract additional page fees. A digital signature certificate (Class 2 or 3) is required for e-filing on ipindia.gov.in.
Step-by-Step Patent Registration Process:
The patent registration process involves 7 steps, takes 3 to 5 years (or 12 to 24 months with expedited examination), and costs ₹10,599 for startups (₹8,999 professional fee + ₹1,600 government fee). Here is the complete step-by-step process:
Patent Registration Process Flowchart
1. Prior Art Search→2. Draft Specification→3. File with IPO→4. Publication (18 months)→5. Request Examination→6. Respond to FER→7. Patent Granted
Total timeline: 3 to 5 years (regular) | 12 to 24 months (expedited) | Starting cost: ₹10,599 for startups
Step 1: Conduct Prior Art Search
Search the InPASS portal, Google Patents, and WIPO PATENTSCOPE to verify your invention is novel. Analyse patentability based on novelty, inventive step (Section 2(1)(ja)), and industrial applicability (Section 2(1)(ac)) under the Patents Act, 1970. This step takes 3 to 5 working days.
Timeline: 3 to 5 days | Portal: iprsearch.ipindia.gov.in
Step 2: Draft Patent Specification
Prepare a provisional specification (for securing early filing date) or complete specification under Section 10. Include the title, field of invention, background, detailed description with drawings, and claims defining the scope of protection. File the complete specification within 12 months of provisional filing. Specifications over 30 pages attract additional page fees.
Timeline: 7 to 15 days | Key: Claims define the breadth of protection
Step 3: File Patent Application with IPO
Submit Form 1, Form 2, Form 3, Form 5, and Form 28 on ipindia.gov.in. Government fee is ₹1,600 for individuals and startups, ₹4,000 for small entities, or ₹8,000 for large entities. Physical filing adds a 10% surcharge. A digital signature certificate is required for e-filing.
Timeline: 1 to 2 days | Fee: ₹1,600 to ₹8,000
Step 4: Publication of Application
The Patent Office publishes the application in the Official Patent Journal after 18 months from the filing date. Early publication can be requested by filing Form 9 with a fee of ₹2,500 (individual/startup), reducing the wait to approximately 1 month. Published applications are open for pre-grant opposition under Section 25(1).
Timeline: 18 months (or 1 month with Form 9)
Step 5: Request for Examination
File Form 18 within 48 months from the filing date. Examination fee is ₹4,000 for individuals/startups, ₹10,000 for small entities, or ₹20,000 for large entities. Without this request, the application is deemed withdrawn under Rule 24B. Eligible applicants can file Form 18A for expedited examination.
Deadline: Within 48 months | Fee: ₹4,000 to ₹20,000
Step 6: Respond to First Examination Report (FER)
The Patent Examiner reviews the application and issues the FER listing objections, prior art citations, and Section 3/4 compliance issues. Address all objections within 6 months from the FER date under Rule 24B(6). Provide prior art rebuttals, specification amendments, and patentability arguments. Non-response results in application abandonment.
Deadline: 6 months from FER | Action: Point-by-point response with amendments
Step 7: Patent Grant and Certificate
The Controller grants the patent under Section 43 after all objections are resolved. The grant is published in the Patent Journal. A Certificate of Patent is issued providing exclusive rights for 20 years from the filing date under Section 53. Annual renewal fees must be paid from the 3rd year onwards.
Outcome: 20-year exclusive rights | Obligation: Annual renewal fees from 3rd year
Missing the 48-month deadline for Request for Examination (Form 18) results in your application being deemed withdrawn under Rule 24B. Set a calendar reminder immediately after filing. This deadline runs from the filing date or priority date, not from publication. Similarly, failure to respond to the FER within 6 months causes automatic abandonment.
300+ patents filed across 15+ industries. Expert patent attorneys at your service.
Patent Registration Fees in India 2026:
Here is a transparent breakdown of all costs involved in patent registration in India. Government fees under Patent Rules, 2003 (amended 2024) vary by applicant type. DPIIT-recognized startups save 80% on all government fees:
Government Fee Schedule:
Fee Component
Individual / Startup
Small Entity
Large Entity
Provisional Application (Form 1+2)
₹1,600
₹4,000
₹8,000
Complete Specification (up to 30 pages)
₹1,600
₹4,000
₹8,000
Request for Examination (Form 18)
₹4,000
₹10,000
₹20,000
Expedited Examination (Form 18A)
₹8,000
₹25,000
₹60,000
Early Publication (Form 9)
₹2,500
₹6,250
₹12,500
Physical Filing Surcharge
+10%
+10%
+10%
Renewal Fee Schedule:
Period
Individual / Startup
Small Entity
Large Entity
3rd to 6th year
₹800/year
₹2,000/year
₹4,000/year
7th to 10th year
₹2,400/year
₹6,000/year
₹12,000/year
11th to 15th year
₹4,800/year
₹12,000/year
₹24,000/year
16th to 20th year
₹8,000/year
₹20,000/year
₹40,000/year
Patent Restoration (Form 15)
₹2,400
₹6,000
₹12,000
IncorpX Professional Fee vs Competitors (2026):
Provider
Professional Fee
Includes
IncorpX
₹8,999
Prior art search + Drafting + Filing + FER response
Vakilsearch
₹5,999
Scope varies; extras possible
LegalRaasta
₹19,999 to ₹35,999
Higher pricing; scope unclear
Professional fee of ₹8,999 attracts 18% GST (total ₹10,619). Government fees are GST-exempt and paid at actuals. All patent-related professional fees are deductible as a business expense under Section 37 of the Income Tax Act, 1961. Fee schedule verified as of May 2026. Always verify government fees on ipindia.gov.in.
Patent renewal fees are mandatory from the 3rd year after filing. Failure to pay results in patent lapse. Restoration is possible via Form 15 within 18 months of lapse (Section 60), but restoration fees plus all unpaid renewals with surcharges apply. Additionally, every patentee must file Form 27 (Working of Patent) annually under Section 146. Failure to file Form 27 attracts a penalty up to ₹10 lakh.
Total cost starts at ₹10,599 for startups (₹8,999 + ₹1,600 govt fee).
Why Choose IncorpX for Patent Registration?
IncorpX is rated 4.8/5 on Google with 8,521+ verified reviews. Our team of registered patent attorneys and agents has filed 300+ patents across 15+ industries including pharmaceuticals, biotechnology, software, manufacturing, electronics, and clean energy. Here is why inventors and businesses choose IncorpX:
300+ Patents Filed: Proven track record across pharma, biotech, IT, manufacturing, and consumer electronics industries.
Registered Patent Attorneys: Qualified patent agents registered with the Indian Patent Office handle every application from search to grant.
Comprehensive Prior Art Search: Multi-database search on InPASS, Google Patents, and WIPO PATENTSCOPE before filing.
Expert Specification Drafting: Well-drafted claims with appropriate breadth and specificity for maximum protection scope.
₹8,999 All-Inclusive: No hidden charges. Government fees charged at actuals with receipt. 18% GST applicable on professional fee.
Deadline Tracking: We track all critical deadlines including 12-month complete specification, 48-month examination request, and 6-month FER response.
International Filing Support: PCT and Paris Convention application filing assistance for protection in 150+ countries.
DPIIT & IPO Direct Filing: Applications filed directly on the official IP India portal (ipindia.gov.in) with real-time status tracking.
Phone, WhatsApp & Email Support: Reach our patent team via phone (+91 73000 27000), WhatsApp, or email (info@incorpx.io). Response within 2 hours during business hours (Mon to Sat, 10 AM to 7 PM IST).
4.8/5 Google Rating, 8,521+ Reviews: Verified client reviews recognizing patent expertise, transparent pricing, and timely deadline compliance.
Not sure if your invention is patentable? Use our free patentability assessment during the initial consultation. Our patent attorneys evaluate your invention against the three patentability criteria (novelty, inventive step, industrial applicability) and Section 3/4 exclusions. Request your free assessment.
If we fail to file your patent application within the agreed timeline due to any fault on our part, we provide a full refund of the professional fee. All patent specifications are reviewed by a senior patent attorney before filing. Your invention details are handled with strict confidentiality under our privacy policy. All legal content on this page is reviewed quarterly by our senior IPR attorneys to ensure accuracy and compliance with current Patents Act provisions and Patent Rules amendments.
Patent vs Trademark vs Copyright vs Design
Understanding the difference between various intellectual property rights helps determine the right protection strategy for your innovation:
Free consultation to determine your optimal IP protection strategy.
Patent Registration for Startups in India
DPIIT-recognized startups enjoy significant benefits for patent registration in India:
80% Fee Discount
Startups pay only 20% of regular patent fees - provisional application costs just ₹1,600 instead of ₹8,000 for large entities.
Expedited Examination
Fast-track patent examination reduces timeline from 3 to 5 years to 12 to 24 months. File Form 18A for expedited processing at ₹8,000.
Patent Facilitator Scheme
Government-appointed patent facilitators assist startups with filing, drafting, and prosecution at subsidized costs.
Tax Benefits - Section 115BBF
Income from patented inventions taxed at concessional rate of 10% under the Patent Box Regime for Indian residents.
Your company must be recognized by DPIIT as a startup. The entity should be incorporated as a Private Limited Company, LLP, or Partnership Firm, be less than 10 years old, and have turnover under ₹100 crore. Get started with Startup India Registration. The recognition process is free and takes 2 to 5 working days on startupindia.gov.in.
How to File an International Patent from India
Inventors filing in India can extend patent protection internationally through two main routes:
Parameter
Paris Convention Route
PCT Route
Priority Period
12 months from Indian filing
12 months for PCT filing, 30/31 months for national phase
Coverage
170+ member countries (individual filing in each)
150+ member countries (single application via WIPO)
Best For
Filing in 1 to 3 specific countries
Filing in 4+ countries or still deciding where
Cost
Lower upfront; higher per-country
Higher upfront; lower per-country
Mandatory Requirement
Foreign Filing Permission (Section 39)
Foreign Filing Permission (Section 39)
Filing a patent application outside India without Foreign Filing Permission under Section 39 is a criminal offence under Section 118 of the Patents Act, 1970, punishable by imprisonment up to 2 years and/or fine. Apply for permission at least 6 weeks before foreign filing, or file in India first and wait 6 weeks. Our team handles all international filing requirements, including international trademark registration for brand protection alongside patent.
Real Case Studies: Patents We Have Filed
Here are 3 examples from our practice that demonstrate how IncorpX handles patent registrations across different industries and applicant types:
A Bengaluru-based biotech startup developed a novel enzymatic degradation process for plastic waste. Our patent attorneys drafted a complete specification covering 23 claims (12 independent, 11 dependent) under Section 10 of the Patents Act, 1970. We filed Form 18A for expedited examination, citing DPIIT startup recognition. The FER raised 4 objections related to prior art and Section 3(j) exclusion. We submitted a detailed response with comparative experimental data within 45 days. Result: Patent granted in 14 months from filing date, with all 23 claims accepted.
A Pune-based manufacturing company invented a new heat treatment process for automotive components that improved tensile strength by 40%. Prior art search identified 3 closely related patents. Our attorneys drafted claims focusing on the specific temperature cycle and quenching parameters that distinguished the invention. The FER cited all 3 prior art references. We filed a point-by-point rebuttal with test data showing the unexpected improvement. Result: Patent granted after 2 amendments, with 8 claims covering the core process innovation. The company now licenses the patent to 3 competitors.
An individual inventor in Chennai developed an IoT-based water quality monitoring device with embedded machine learning for contamination detection. The challenge was Section 3(k) exclusion for software per se. Following the Ferid Allani precedent, our attorneys drafted claims emphasizing the technical effect of the hardware-software combination, not the algorithm alone. We filed a provisional specification to secure the priority date, followed by a complete specification within 8 months. Result: Patent granted with 15 claims. Government fee was just ₹1,600 (individual category).
Related Intellectual Property Services:
Patent registration is part of IncorpX's comprehensive intellectual property services. Here are related services that complement your patent protection:
Professional logo design services for your brand identity. Create a distinctive mark that can be protected through trademark and copyright registration.
FAQs on Patent Registration in India
Have questions about patent registration in India? We have compiled detailed answers covering the Patents Act, 1970, patentability criteria, filing process, costs, startup benefits, and international patent filing. These FAQs draw from our experience filing 300+ patents across 15+ industries.
Patent registration is the legal process of filing an application with the Indian Patent Office under the Patents Act, 1970 to secure exclusive rights over an invention for 20 years from the filing date. The invention must satisfy three criteria: novelty, inventive step (non-obviousness), and industrial applicability under Section 2(1)(j) and Section 2(1)(ja). CGPDTM under DPIIT administers the patent system.
A patent granted in India is valid for 20 years from the date of filing, not from the date of grant, under Section 53 of the Patents Act, 1970. This term is non-extendable. The patentee must pay annual renewal fees from the 3rd year onwards to keep the patent in force. Failure to pay renewal fees results in patent lapse.
A provisional specification is a preliminary patent document filed under Section 9 of the Patents Act, 1970 to secure an early filing date before the invention is fully developed. It contains a general description without claims. The applicant must file the complete specification within 12 months of the provisional filing. Government fee is ₹1,600 for individuals and startups.
A complete specification is the detailed patent document filed under Section 10 of the Patents Act, 1970. It must include the title, field of invention, background, detailed description with drawings, and claims defining the scope of protection. The specification can be up to 30 pages before additional page fees apply. It can be filed directly or within 12 months of a provisional filing.
A prior art search involves examining existing patents, publications, and public disclosures to determine whether an invention is novel before filing. Search the InPASS portal, Google Patents, and WIPO PATENTSCOPE. A thorough prior art search reduces rejection risk during examination and strengthens patent claims. IncorpX includes prior art search in the ₹8,999 package.
The First Examination Report is the Patent Examiner's official review of a patent application, issued after the Request for Examination (Form 18) is filed. The FER lists objections related to novelty, inventive step, prior art conflicts, or Section 3/4 exclusions. The applicant must respond within 6 months under Rule 24B(6). Failure to respond results in application abandonment.
Patent infringement occurs when a person makes, uses, sells, or imports a patented invention without the patentee's authorization. Under Section 104 of the Patents Act, 1970, infringement suits are filed in District Courts with jurisdiction. Remedies include injunctions, damages, and accounts of profits. The patentee must prove that the infringing product or process falls within the scope of granted claims.
Compulsory licensing allows the government to authorize a third party to manufacture a patented product without the patentee's consent under Section 84 of the Patents Act, 1970. Grounds include: reasonable requirements not met, patent not available at affordable price, or patent not worked in India. Application can be filed after 3 years from the date of patent grant. India issued its first compulsory licence in 2012 for Nexavar (sorafenib).
Software per se is not patentable under Section 3(k) of the Patents Act, 1970. However, software inventions with a technical effect or technical contribution beyond the software itself can be patented. The Delhi High Court in Ferid Allani v Union of India (2020) held that software producing a technical effect is patentable. Draft claims emphasizing the technical process, not the software code. For source code protection, consider copyright registration.
A patent of addition is filed under Section 54 of the Patents Act, 1970 for an improvement or modification of an already patented invention. No separate examination fee is required, and the patent of addition expires with the main patent. Government filing fee is ₹1,600 for individuals/startups, ₹4,000 for small entities, and ₹8,000 for large entities, same as a regular application.
Form 27 is a mandatory annual statement that every patentee must file under Section 146 and Rule 131 of the Patent Rules, 2003, disclosing the extent of commercial working of the patent in India. Filing is required for every calendar year. Failure to file Form 27 attracts a penalty up to ₹10 lakh. The statement is publicly available and can be used as evidence in compulsory licensing proceedings.
A divisional application is filed under Section 16 of the Patents Act, 1970 when the original patent application covers more than one invention (plurality of inventions). The Patent Office may require the applicant to divide the application. Each divisional application retains the original filing date as its priority date and is examined independently. Separate government fees apply for each divisional filing.
Under Section 6 of the Patents Act, 1970, the following can apply: the true and first inventor, an assignee of the inventor, or the legal representative of a deceased inventor. Both Indian and foreign applicants are eligible. For foreign applicants, an Indian address for service is required. Startups recognized by DPIIT get 80% fee discount on all government fees. Get DPIIT recognition before filing.
An invention must satisfy three criteria under the Patents Act, 1970 to be patentable: Novelty (not publicly disclosed before filing, Section 2(1)(l)), Inventive Step (non-obvious to a person skilled in the art, Section 2(1)(ja)), and Industrial Applicability (capable of being made or used in industry, Section 2(1)(ac)). The invention must also not fall under Sections 3 and 4 exclusions.
Register a patent by filing Form 1 (Application) and Form 2 (Specification) on the IP India portal. The 7-step process includes prior art search, specification drafting, application filing with Form 5 and Form 28, publication after 18 months, request for examination via Form 18 within 48 months, FER response within 6 months, and patent grant. Total timeline is 3 to 5 years.
Complete patent registration takes 3 to 5 years from filing to grant through the regular examination route. Provisional application filing takes 7 to 10 working days. Publication occurs after 18 months (or 1 month via Form 9 early publication). Expedited examination via Form 18A can reduce total time to 12 to 24 months for eligible applicants including startups.
A provisional specification under Section 9 secures an early filing date with a general invention description, without claims. A complete specification under Section 10 contains the full detailed description with drawings, examples, and mandatory claims. The complete specification must be filed within 12 months of the provisional filing. Failure to file the complete specification results in abandonment.
File Form 18A for expedited examination on ipindia.gov.in. Eligible applicants include startups (DPIIT-recognized), women applicants, small entities, government institutions, and green technology applicants (added in 2024 amendment). Fee is ₹8,000 for individuals/startups, ₹25,000 for small entities, or ₹60,000 for large entities. Expedited track reduces examination to 12 to 24 months.
Pre-grant opposition under Section 25(1) of the Patents Act, 1970 allows any person to oppose a patent application after publication but before grant. Grounds include prior publication, prior claim, lack of novelty or inventive step, and non-patentable subject matter under Section 3/4. No formal fee is required. The Controller considers the opposition and may grant or refuse the patent.
Post-grant opposition under Section 25(2) of the Patents Act, 1970 can be filed by any interested person within 12 months from the date of patent publication in the Patent Journal. Unlike pre-grant opposition, this involves a formal hearing before the Opposition Board. Grounds include prior publication, prior claim, non-patentability, and insufficient disclosure. Fee for filing is ₹2,400 for individuals.
File via the Patent Cooperation Treaty (PCT) route for protection in 150+ countries through a single international application via WIPO. Alternatively, use the Paris Convention route to file directly in each country, claiming priority within 12 months of the Indian filing. Both routes require Foreign Filing Permission under Section 39 before filing abroad.
File Form 15 (Application for Restoration) within 18 months from the date of patent lapse under Section 60 of the Patents Act, 1970. Pay the restoration fee (₹2,400 for individuals, ₹6,000 for small entities, ₹12,000 for large entities) plus all unpaid renewal fees with surcharges. The Controller may restore the patent after hearing the applicant and any third-party objections.
Total patent registration cost starts at ₹10,599 for individuals and startups (₹8,999 IncorpX professional fee + ₹1,600 government fee). Government fees for provisional application are ₹1,600 (individual/startup), ₹4,000 (small entity), or ₹8,000 (large entity). Examination fee is ₹4,000 to ₹20,000 additionally. IncorpX's ₹8,999 package includes prior art search, specification drafting, and FER response.
Government fees under Patent Rules, 2003 (amended 2024) vary by entity: Provisional application: ₹1,600 (individual/startup), ₹4,000 (small entity), ₹8,000 (large entity). Request for Examination (Form 18): ₹4,000, ₹10,000, ₹20,000 respectively. Early publication (Form 9): ₹2,500, ₹6,250, ₹12,500. Physical filing adds a 10% surcharge on all fees.
DPIIT-recognized startups receive an 80% discount on all government patent fees. Provisional filing costs just ₹1,600 (vs ₹8,000 for large entities). Examination fee is ₹4,000 (vs ₹20,000). Combined with IncorpX's professional fee of ₹8,999, total startup cost starts at ₹10,599. Startups also qualify for expedited examination via Form 18A at ₹8,000.
Annual renewal fees are payable from the 3rd year onwards to maintain patent validity. For individuals/startups: ₹800/year (3rd to 6th), ₹2,400/year (7th to 10th), ₹4,800/year (11th to 15th), ₹8,000/year (16th to 20th). Small entities pay 2.5x and large entities pay 5x these rates. Failure to pay renewal fees results in patent lapse, restorable via Form 15 within 18 months.
Yes, IncorpX's ₹8,999 package includes prior art search, patent specification drafting, application filing on ipindia.gov.in, and First Examination Report (FER) response. Government filing fees (₹1,600 to ₹8,000) are payable separately to the Patent Office. Competitors like LegalRaasta charge ₹19,999 to ₹35,999 and may charge separately for prior art search and FER response.
Expedited examination via Form 18A costs ₹8,000 for individuals/startups, ₹25,000 for small entities, and ₹60,000 for large entities. This is in addition to the regular filing fees. Expedited examination reduces the total processing time from 3 to 5 years to approximately 12 to 24 months. Eligible applicants include startups, women inventors, and green technology applicants.
Section 115BBF of the Income Tax Act, 1961 provides a concessional tax rate of 10% on royalty income earned from patents granted under the Patents Act, 1970. This applies only to patents developed and registered in India by a true and first inventor who is a resident. The patent must be granted on or after 1 April 2003. This tax incentive encourages domestic patent filing and monetization.
Required documents include: Form 1 (Application), Form 2 (Provisional/Complete Specification with drawings), Form 3 (Statement regarding foreign applications under Section 8), Form 5 (Inventorship Declaration), Form 26 (Power of Attorney), Form 28 (Entity/Startup Declaration for fee discount). Priority documents are needed if claiming Paris Convention priority within 12 months.
IncorpX offers patent registration at ₹8,999, competitively below LegalRaasta (₹19,999 to ₹35,999) while including prior art search, specification drafting, and FER response. Vakilsearch starts at ₹5,999 but service scope varies. IncorpX differentiators: 300+ patents filed across 15+ industries, dedicated patent attorneys, and end-to-end filing support from search to grant.
Individual inventors (natural persons) can file a patent application themselves without a patent agent under the Patents Act, 1970. However, companies and other legal entities must file through a registered Patent Agent. Self-filing is not recommended due to the complexity of specification drafting, claims strategy, and FER response. Poorly drafted specifications frequently lead to rejection or narrow claims.
A patent protects inventions and processes for 20 years under the Patents Act, 1970 (fee: ₹1,600 to ₹8,000). A trademark protects brand names, logos, and slogans for 10 years (renewable) under the Trade Marks Act, 1999 (fee: ₹4,500 to ₹9,000 per class). Patents require novelty and inventive step; trademarks require distinctiveness. Most businesses need both: trademark for brand and patent for innovation.
A patent protects functional inventions and processes (20 years, requires filing and examination). Copyright protects original creative works such as literary, artistic, and musical content (lifetime + 60 years, automatic upon creation). Patent fees start at ₹1,600; copyright registration costs ₹500 to ₹2,000. Patents require novelty and inventive step; copyright requires originality. Software code gets copyright; software process may get patent.
A patent protects functional aspects of an invention (how it works, 20 years) under the Patents Act, 1970. Design registration protects visual appearance (how it looks, 10 years extendable to 15) under the Designs Act, 2000. Patent fee starts at ₹1,600; design registration fee is ₹1,000. Products with both functional innovation and unique appearance benefit from dual protection.
Patents provide 20-year legal monopoly but require full public disclosure of the invention. Trade secrets provide unlimited protection without disclosure but offer no legal remedy if independently discovered or reverse-engineered. Patents suit inventions that are easy to reverse-engineer (e.g., pharma formulations). Trade secrets suit proprietary processes. Choose based on disclosure risk and enforcement needs.
India has 4 Patent Office branches: Delhi (head office) covers northern states including UP, Punjab, Haryana, and Rajasthan. Mumbai covers Maharashtra, Gujarat, MP, and Goa. Chennai covers Tamil Nadu, Karnataka, Kerala, AP, and Telangana. Kolkata covers West Bengal, Bihar, Odisha, and northeastern states. Applications are assigned based on the applicant's state of residence or business address.
No, patent registration is governed by the Patents Act, 1970, a central legislation. Government fees (₹1,600 for individuals/startups, ₹4,000 for small entities, ₹8,000 for large entities) are uniform across all states. No state-level stamp duty, local charges, or regional fees apply. The only variable is Patent Office jurisdiction assignment based on the applicant's state. IncorpX's ₹8,999 fee is the same for all cities.
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