Patent Filing in India 2025: Complete Guide to Costs, Timeline & Procedure

Patent Filing in India 2025: Complete Guide to Costs, Timeline & Procedure

With the recent changes in Patent law, applying for patent for invention and getting patent granted has become easier, faster and cost effective as explained below :

You can Get patent granted in Less Than 1 Year with Recent changes in Patent rules in India

With the Patent Amendment Rules 2024, filing patents in India has become faster, cheaper, and more efficient. Whether you’re an inventor, startup, or educational institution, our expert patent attorneys help you secure your intellectual property rights quickly and affordably.

  • Faster Processing: Patent grants in under 12 months (previously 3-4 years)
  • Reduced Costs: Up to 80% fee reduction for eligible applicants
  • Streamlined Process: Simplified procedures with digital filing
  • Grace Period: 12-month grace period after public disclosure
  • Expert team of IP attorneys: With a team size of 180+ Intellectual property (IP) professionals including patent agents, trademark agents, and attorneys K&K has 10 offices in India at Delhi, Mumbai, Pune, Bangalore, and other cities( see contact us page).
  • Clients: about 3000+ clients including Google, Halliburton, ABB, Hyundai, Liteon Corporation, FLSmidth, Knorr-Bremse, Mastercard, Fortinet, Furuno Electric, Larsen & Toubro, Glenmark, Mylan, Haier, Duke University, Manchester Metropolitan, National University of Singapore, among many others

Latest Patent Amendment Rules 2024 – Key Benefits

The Indian Patent Office introduced significant changes in March 2024 to boost innovation:

1. Expedited Examination Timeline

  • Examination request period: Reduced from 48 to 31 months
  • Grant timeline: Less than 1 year for expedited applications
  • Eligible applicants: Startups, MSMEs, women inventors, educational institutes

2. Substantial Fee Reductions

  • Educational institutions: 80% fee reduction
  • Startups & small entities: Significant cost savings
  • Early payment discount for renrewal fees: 10% reduction for 4-year advance payments

3. Simplified Procedures

This article provides a comprehensive overview of the patent procedure in India, including the steps involved, the timeline, and the associated costs.

Your innovative idea can be a starting point of a valuable invention, which when protected with a patent and with patent commercialization can result in profits and financial gains

Patent procedure in India along with costs and timeline

video : Information needed to file a patent: creating disclosure for idea/invention

video : Can an idea be patented in India? how to patent an idea? taking decision

Visit to our YouTube channel : https://www.youtube.com/@Patentinindia

+912250165072,  +912250165073  Mobile : +918975533075 contact@patentinindia.com  My Patent Requirement

Let’s understand the Patent Procedure in India : starting right from the inception of the idea.

Step 1: Write down the invention (idea or concept) with as many details as possible

Start writing down things on paper or in a word processor document and you will find you would be getting more clarity about your idea (invention). You may start by a rough sketch, or system diagram or block diagram or an relevant details of your innovative idea. you can add details like what problem it is solving, what are elements of its construction etc. You are not supposed to be perfect here, we just want to have everything element of your idea or invention in front of you.

idea to patent process

There are 2 things that can help you in this stage :

You may use the above 2 resources to come up with a complete invention disclosure of your invention (innovative idea). you may also check our guidelines on inventions that are not patentable in India. (as per section 3 of the Patent act) in our detailed article on How to find-out if my invention is patentable in India or not ?

The invention must be non-obvious, involve an inventive step, and be capable of industrial application. It is essential to document the invention in detail, including drawings, specifications, and claims.

Before sharing the invention disclosure or before discussing bout your invention in meeting or over phone You should be Signing a Non-Disclosure Agreement (NDA)

A non-disclosure agreement is an agreement that a patent agent/attorney or Intellectual Property firm is doing with you, to protect the confidentiality of your invention. In other words, the patent attorney is doing this non-disclosure agreement with you (inventor) and agreeing on keeping your invention confidential / secret and do not misuse it. it is for your safety and confidentiality and there is No (zero) cost for signing NDA.

Video : Do I really need a patent agent or patent attorney? or Can I file my own patent application would explain this in greater detail and help you make the right decision for your invention.

Step 2:  Novelty Search / Patentability search (optional step)

video : Patentability search or novelty search, is it required before filing patent ?

In this step, we need to check if your invention is novel (newness) as it is one of the patentability criteria in India.  For details about this step, you may check Novelty Search or patentability search.

We need to have at least some aspect of the invention as novel when we compare our invention to existing prior arts. And novelty search report generated would communicate whether we are any 100% overlapping prior arts by making detailed search and analysis of all aspect of our invention. Moreover, the elements of our invention that are found to be novel after novelty search can be used for informed drafting of patent application (since we now know what is novel and what is not novel) which can help in getting a patent granted for your invention.

The opinion about novelty is also provided in the search report which can be positive, negative, or neutral. This opinion can be used to decide whether to proceed with patent filing or not. Hence it saves time, effort and cost for the inventor by helping him decide whether to go ahead with the patent filing process or not.

  • Costs: the professional fees for patent professionals can range from Rs. 12,000 to Rs. 15,000 for performing a patentability search
  • Time: the time required is about 5-7 working days
  • Note: in spite of all these benefits of the patentability search, this is an optional step. You can choose to directly file the patent application without going for a patentability search.

video : How to Review Patentability Search Report or Novelty Search Report understand results

Step 3: Patent  Drafting / Writing patent application

video : Patent Drafting – Writing Patent Application, how patent attorney work on invention

What is patent drafting or patent writing? Patent drafting or patent writing is the process of preparing a patent application that is :

  • capable of protecting the broadest possible scope of an invention,
  • capable of successfully going through the examination process till the grant of a patent, and
  • capable of being commercialized or enforced

Patent drafting/writing is a specialized job, it requires years of practice and experience with patent law to draft a good patent application. To get an idea just read some of the granted patents from your domain. Patent is a techno-legal document, technical as well as legal. Writing patent as a project report or a technical thesis (on your own ) and submitting it to patent office would be a mistake which can cause loss of opportunity to patent your invention.

There are many rules and care to be taken while drafting claims, writing detailed descriptions, writing different embodiment of the invention, describing inventive step etc. which a first-timer or inexperienced patent writer may miss and hence end up not getting proper protection for invention (or sometimes even rejection of patent)

This is one of the most important step in life cycle of a patent and a good patent application written by an experienced patent agent / attorney should survive not only through the examination phase till the grant of patent but also it should survive the commercialization phase where actual money is made by licensing or selling patent rights, where competitors should not be able to work around your patent.

  • Cost: the professional fees for a patent attorney ranges from Rs. 25,000 to Rs. 40,000 for patent drafting or writing.
  • Time: the time required is about 8-15 working days

video : How to Review a Patent Draft (patent application) Before Filing Inventor’s Checklist

Step 4: Filing the Patent Application

video : Patent filed or patent pending Status Explained: Your Rights and Next Steps in India

When a patent is drafted and reviewed by you (the inventor), it would be filed in the government patent office and a receipt would be generated with the patent application number. you may check documents required to file patent in India.

Patent pending status after filing patent application:

when you file patent application in patent office; you can write patent pending, patent applied or patent application number for your product / service. it serves many purposes like :

  • establishing you / your firm as expert in the industry in minds of your customers since you have applied for patent
  • employees, clients, banks and even investors consider you or your firm with different weigtage when they see patent application number
  • writing “patent pending” on product / packaging or on website would be a message to competitors who would rethink about copying your invention

and most important of all, once you file patent in patent office, you are free from the fear of others copying your idea or invention, since you have secured the priority date or the first filing date in the patent office.

You can do almost all activities like, marketing your invention, producing and commercially selling your invention or doing tie-ups etc… the only thing for which you need to wait for the grant of patent is when you want to stop others from infringing over your patent or file a case against patent infringer. You may also read our section on documents required for filing patent

If you have all the required details about your invention (that is implementable details) ready with you; you may proceed with filing a complete patent application. The amount of details you required to proceed with filing a patent application is explained in “Invention disclosure form” and relevant attachments on our page How patent in India platform works. 

video : Inventor (individual) or Company? Selecting Patent Applicant Name Correctly in India

Government forms and fees: Relevant form for a patent application is Form 1. E-filing

ParticularsNatural person or Start-up or Small entity or educational institutionOther(s), alone or with Natural person or Start-up or Small entity or educational institution
For Filing Patent Application16008000

In the case of start-ups and small entities, the application form in Form 28 must be used to file for patents.

Step 5: Publication of Patent application

Upon filing the complete specification along with the application for patent, the application is published after 18 months of first filing. but, If you don’t want to wait till the expiry of 18 months, An early publication request can be made along with prescribed fees. Generally, the patent application is published within one month from the request form early publication.

Step 6: Examination of Patent application

A patent application is examined only after filing a Request for Examination (Form 18). Once filed, the Controller assigns your application to an examiner, who checks it against patentability criteria such as:

  • Is it patentable subject matter?
  • Does it have novelty?
  • Does it involve an inventive step (non-obviousness)?
  • Is it industrially applicable?

The examiner issues a First Examination Report (FER) highlighting objections and relevant prior art (similar existing documents). The entire process before grant is known as patent prosecution.

Examination Fees (E-filing):

  • Form 18 (Normal Examination): ₹4,000 (individual/startup/SME/educational) | ₹20,000 (others)
  • Form 18A (Expedited Examination): ₹8,000 (individual/startup/SME/educational) | ₹60,000 (others)

Expedited Examination (Rule 24C) can be requested if:

  • India is chosen as ISA/IPEA in the PCT application,
  • The applicant is a startup,
  • The applicant/co-applicant is a woman.

Important Note: Filing under expedited examination is a smart strategy to reduce patent grant time.

video : How to Get a Patent grant Faster in India, Expedite examination with Form 18A

Step 7: Respond to objections

video : First Examination Report (FER) Explained: How to Handle Patent Objections in India

The majority of patent applicants will receive some type of objections which would be mentioned in the first examination report (also known as FER). You should analyse and understand the examination report with a patent attorney (patent agent) and create a written response to the objections raised in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to the controller that his invention is indeed patentable and satisfies all patentability criteria.

Hearing at the Patent Office

video : Hearing at the Indian Patent Office: What Every Inventor / applicant Should Know

If your patent application still has unresolved objections after replying to the First Examination Report (FER) and subsequent communications, the Controller may call you for a hearing.

  • The hearing is basically a discussion between you (or your patent agent/attorney) and the Controller.
  • You get a chance to explain your invention, clarify objections, and present arguments on why your application should be granted.
  • The Controller may ask questions or seek further clarification about your claims, novelty, or inventive step.
  • After the hearing, you usually have to file a written submission (within a set time) covering the points discussed.

If the Controller is satisfied, your patent will move towards grant. If not, the application may be refused.

Step 8: Grant of Patent in India

Grant of patent in India - patent certificate

Grant of Patent in India

Once all objections are resolved and the Controller is satisfied that the invention meets patentability criteria, the patent is granted. The details of the granted patent are then published in the Patent Office Journal, making it official.

From this point, the patentee gets exclusive rights over the invention for 20 years (from the date of filing), subject to payment of annual renewal fees. These rights allow the patentee to make, use, sell, or license the invention and prevent others from doing so without permission.

Recommended Reading :

You may get an automated email response with the required information on your email instantly along with videos and required documents in attachment. Fill your information here to receive all information on email

+912250165072,  +912250165073  Mobile : +918975533075 

contact@patentinindia.com  

Prasad Karhad
Latest posts by Prasad Karhad (see all)