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Patent Registration

A patent grants you exclusive rights over an invention — a new product, process, or service — so others cannot make, use, sell, or import it without your permission.

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Who Needs Patent

  • You've created a genuinely new invention, product, or process.
  • You are a deep-tech or R&D-driven startup protecting core technology.
  • You want to secure a priority date while you keep developing.
  • You are planning to license or commercialise an invention.

What's Included

Patentability/prior-art search.

Drafting of the specification (provisional or complete).

Filing and prosecution support through examination to grant (scope depends on package).

Guidance on Indian, convention, and PCT routes.

Governing law

Indian Patent Act, 1970 — Controller General of Patents

Patentability

Must be novel, involve an inventive step, and have industrial applicability

Term

20 years from the date of filing, then the invention enters the public domain

Typical timeline

3–5 years end to end (government-dependent)

Types & Categories

Provisional — temporary protection while the invention is still developing; secures a priority date. Complete/Ordinary — full protection within India; filed directly or after a provisional. PCT National Phase — entry into India from an international PCT application. PCT International — the international application stage. Convention — filed in India claiming priority from an earlier foreign filing (Paris Convention). Divisional / Patent of Addition — for multiple inventions in one application, or improvements to an existing patent. Provisional vs complete: if the specification has no claims it is provisional; with claims it is complete. A provisional secures the priority date, and you then have 12 months — no extension to file the complete specification. Provisional cannot be used for divisional, convention, or PCT national-phase applications — those require a complete specification.

The Full Patent Registration Process

  1. Patent search

    Search public databases to confirm novelty and non-obviousness and to see what is already registered.

  2. Draft the specification

    A technical and legal document, drafted by the inventor or a patent attorney.

  3. File

    Form-1 with the specification in Form-2 (provisional or complete).

  4. Publication

    Application published in the Patent Journal.

    Deadline: 18 months from the priority date

  5. Request for Examination

    Filed within the statutory period; examination reports and objections must be answered.

  6. Grant & publication

    If satisfied, the Controller grants the patent, subject to annual renewal fees.

Documents & Inputs Required

  • Form-1 (application).
  • Form-2 (complete or provisional specification).
  • Form-3 (statement and undertaking).
  • Form-5 (declaration of inventorship).
  • Proof of the inventor's right to file.
  • Form-26 (power of authority) if a patent agent files.
  • For convention/PCT: priority documents within 18 months of the priority date.

How Long It Really Takes

The full process typically takes 3–5 years end to end. Key milestones: filing → provisional-to-complete within 12 months — no extension (if provisional) → publication at 18 months from the priority date → examination on request → grant. Government timelines are outside anyone's control.

What Affects the Price

Provisional vs complete filing, specification length and complexity, drawings, professional drafting, and international (PCT/convention) routes all affect cost.

See Pricing

Patent Registration — Common Questions

What can be patented in India?

Novel, inventive, and industrially applicable inventions — a new product, process, or improvement.

Provisional vs complete application — which do I file first?

Most inventors file provisional first to lock in a priority date while the invention is finalised, then file complete within the statutory window.

How long does a patent last?

20 years from the date of filing.

How long does the whole process take?

3–5 years end to end, government-dependent.

What's the rule after filing a provisional application?

You must file the complete specification within 12 months — no extension — this cannot be extended.

Can I protect my invention internationally?

Yes — via the Convention route (claiming priority from an earlier foreign filing) or the PCT (Patent Cooperation Treaty) route.

Is my software patentable, or should I use copyright?

Software patentability is limited in India; source code is reliably protected as a literary work under copyright. We can advise which route (or both) fits your invention.

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