10 — Patents · Filed. Registered. Defended.

Protect the invention before someone else files it first.

A patent protects a new product or process that involves an inventive step and is capable of industrial application. In India, patents are examined and granted by the Indian Patent Office under the Controller General of Patents, Designs & Trade Marks (CGPDTM), with offices in Kolkata, Chennai, Delhi and Mumbai.

Start a Filing → See the Process

FIG. 2 — Claimed mechanism & inventive step

Governing LawPatents Act, 1970 & Patent Rules, 2003

Administered ByCGPDTM — Indian Patent Office

Term of Protection20 years from filing date

Filing ModeOnline e-filing available

What Qualifies

Novel, inventive, and industrially applicable

An invention is patentable in India when it is new anywhere in the world, involves a technical step that would not be obvious to a person skilled in the field, and can be made or used in some kind of industry.

Section 3 of the Patents Act also lists categories excluded from patenting, including mere discoveries of a scientific principle, abstract theories, business methods, and computer programs considered on their own without a demonstrated technical effect.

Before You File

Do not publicly disclose the invention before filing — India follows an absolute novelty standard
A prior art search across InPASS, WIPO PatentScope and Espacenet establishes whether the invention is genuinely new
Choose between a provisional application (to lock in a priority date early) and a complete specification

How a Patent Proceeds

From search to grant to renewal

Prior Art Search

Search Indian and global databases to confirm novelty and map the competitive landscape.

Filing

File a provisional or complete specification with claims, drawings and an abstract.

Publication

The application is published 18 months after filing (or earlier, on request).

Examination

A Request for Examination triggers a First Examination Report; objections are answered within the prescribed period.

Grant & Renewal

Once granted, annual renewal fees keep the patent in force for up to 20 years, with Form 27 working statements filed periodically.

Frequently Asked

Before you write in

§1

Is software patentable in India?

A computer program by itself is excluded under Section 3(k) of the Act, but an invention with a genuine technical effect — for instance embedded or hardware-linked software — can still qualify. We assess this case by case.

§2

How long does grant typically take?

Timelines vary with the technical field and whether objections are raised, but examination to grant commonly runs into several years once a Request for Examination is filed.

§3

Can I file first in India and then abroad?

Yes. A complete specification filed in India can support a Paris Convention application abroad within 12 months, or a PCT international application within the same window.

§4

What happens if I miss a renewal fee?

A granted patent can lapse for non-payment, though a limited restoration window exists. We track renewal dates so this doesn't happen.

Practice Patents · Trademarks · Copyright · Designs · GI · SICLDR Response within 1–2 business days Confidentiality NDA on request

Submit an enquiry

Describe the invention at a plain level of detail, and any deadline already on the clock — technical specifics are only exchanged after an NDA is in place.

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