Home / Secure / Patent Registration

Patent Registration

End-to-end patent filing under the Patents Act 1970: complete specification drafting, filing, publication under Section 11A, Request for Examination within 31 months, FER response, hearing, and grant under Section 43. 20-year term from priority date. Expedited route available for DPIIT-recognised startups. In partnership with registered Patent Agents.

Talk to a CA
Response within 30 mins during business hours

The Registration Workflow.

Four sequential stages from complete specification to granted patent. Total timeline: 4-6 years on the ordinary route, 1-2 years on the expedited route (Form 18A) available to DPIIT-recognised startups, small entities, female applicants, and others under Rule 24C. Three critical deadlines, missed any of them, the application is permanently lost.

Stage 1
Complete specification drafting
Invention disclosed under NDA. Complete specification drafted per Section 10(4): title, field, background, summary, detailed description with embodiments, drawings, abstract, and most importantly formal claims defining the scope of protection. Claims drafted to balance broad protection with defensibility. Drafted by registered Patent Agent partner.
→
Stage 2
Filing & publication
Form 1 + Form 2 (complete) + Form 3 + Form 5 filed on IPO portal. Government fee: ₹1,600 (individual / startup / MSME) or ₹8,000 (large entity) for ≤30 pages and ≤10 claims. Application auto-published 18 months from filing under Section 11A. Early publication via Form 9 (₹2,500 / ₹12,500) within 1 month if needed.
→
Stage 3
RFE & examination
Patents are not auto-examined. Request for Examination (Form 18 standard, or Form 18A expedited under Rule 24C) must be filed within 31 months from filing / priority (post-15 March 2024 rule). Missing the RFE deadline triggers deemed withdrawal under Section 11B(4), no revival (Rule 137(2)(iv) excludes). FER issued by examiner.
→
Stage 4
FER response & grant
FER response filed within 6 months under Section 21 (extendable +3 months via Form 4). Each objection addressed with claim amendments, arguments, and case law. Hearing scheduled if response inadequate. On acceptance, patent granted under Section 43 and entered in the Register. 20-year term from filing / priority under Section 53. Annual renewals from year 3.
↺ One-time per invention through to grant. Post-grant: annual renewals from year 3 + Form 27 every 3 years declaring commercial working (often missed; can trigger compulsory licensing). 20-year term from priority. Opposition, revocation, infringement defence are separate engagements.

What Is Patent Registration?

Patent registration in India is the statutory process under the Patents Act 1970 and Patents Rules 2003 (amended through 2024) by which an inventor or assignee obtains a 20-year exclusive right over an invention. The right is granted under Section 43 after the Indian Patent Office (IPO) examines the application against the three statutory criteria of novelty, inventive step, and industrial applicability, and verifies that the invention does not fall under Section 3 or Section 4 exclusions. The full process from filing to grant typically takes 4-6 years on the ordinary route, or 1-2 years on the expedited route for eligible applicants.

The process has four major stages, each with statutory deadlines that cannot be missed. Filing: Form 1 + Form 2 (complete specification) + Form 3 (Section 8 foreign filing undertaking) + Form 5 (inventorship declaration), filed on the IPO e-filing portal. Publication: automatic 18 months from filing under Section 11A, or earlier via Form 9. Examination: not automatic, the applicant must file a Request for Examination (Form 18 or Form 18A) within 31 months from filing / priority, or the application is deemed withdrawn under Section 11B(4). After examination, a First Examination Report (FER) issues; the applicant has 6 months to put the application in order for grant. Grant: under Section 43, with patent entered in the Register and the 20-year term beginning from the filing / priority date.

The 2024 RFE deadline change: from 48 months to 31 months

For applications filed on or after 15 March 2024, the deadline to file a Request for Examination was reduced from 48 months to 31 months from filing / priority. This is the single most significant procedural change in recent Indian patent practice. Missing the RFE deadline results in permanent deemed withdrawal under Section 11B(4); Rule 137(2)(iv) expressly excludes condonation, and Rule 138 (Form 4 extension) only operates prospectively, not retrospectively. The loss of rights is total: the only option is to refile as a new application, accepting the later priority date and any prior art that has accumulated in between.

Expedited examination, the right route for most startups

Under Rule 24C(1), expedited examination via Form 18A is available to: DPIIT-recognised startups, small entities, female natural person applicants, government bodies and institutions, PCT applicants where India was designated as ISA or IPEA. Expedited examination does not change patentability standards, it accelerates queue position: FER typically issues within 1-3 months versus 12-24 months or longer on the ordinary route. For DPIIT-recognised startups, this can compress total prosecution from 4-6 years to 1-2 years. Eligibility assessment is a material strategic decision; we assess it at engagement start.

What gets registered, and what does not

India tests every patent application against the three positive criteria and the Section 3 / 4 exclusion list. Three criteria: novelty (Section 2(1)(l)), inventive step (Section 2(1)(ja), with the distinctively Indian “economic significance” lens), industrial applicability. Section 3 exclusions: mathematical methods, business methods, computer programs per se (Section 3(k)); abstract ideas, mental acts, games (Section 3(m)); traditional knowledge (Section 3(p)); new forms of known substances without enhanced efficacy (Section 3(d), relevant in pharma). Section 4: atomic energy. India also has its own approach to software inventions: per the Delhi High Court in Ferid Allani v Union of India (2019), software with technical effect can be patentable; software per se is not.

What Gets Done Each Cycle.

Six activities across the patent registration lifecycle. From complete specification drafting through grant and post-grant obligations, each step in the multi-year prosecution.

Complete specification drafting
Pre-filing
Complete specification drafted under Section 10(4): title, field, background, summary, detailed description with embodiments, drawings, abstract, and formal claims. Claim drafting is the single most important factor in eventual patent value, broad claims for protection, defensible claims for examination, by registered Patent Agent partner.
Filing & publication
Filing
Form 1 + Form 2 + Form 3 + Form 5 filed on IPO portal. Government fee ₹1,600 (individual / startup / MSME) or ₹8,000 (large entity). Auto-published at 18 months under Section 11A; early publication via Form 9 (₹2,500 / ₹12,500) if needed for fundraising or licensing momentum.
Expedited examination strategy
Pre-filing
Rule 24C eligibility assessed: DPIIT-recognised startups, small entities, female natural person applicants, government bodies. If eligible, Form 18A filed for expedited examination, reducing FER timeline from 12-24+ months to 1-3 months. Material decision; compresses total prosecution by years.
RFE filing within 31 months
Examination
Request for Examination (Form 18 standard or Form 18A expedited) filed within 31 months from filing / priority (post-15 March 2024 rule). RFE fee ₹4,000 (individual / startup / MSME) or ₹20,000 (large entity). Form 18A expedited fee higher. Missing this deadline causes deemed withdrawal under Section 11B(4), no revival.
FER response & hearing
Examination
First Examination Report responded within 6 months under Section 21 (extendable +3 months via Form 4 if filed before expiry). Each cited objection addressed: claim amendments, prior art arguments, Section 3 distinguishing, case law citations. Hearing scheduled if response is not accepted; oral advocacy by Patent Agent.
Grant & post-grant obligations
Post-grant
Patent granted under Section 43. 20-year term from filing / priority. Annual renewals from 3rd year; lapse if missed (6-month grace + 18-month restoration). Form 27 every 3 years declaring commercial working of the patent, often-missed obligation; non-filing can trigger compulsory licensing under Section 84.

When You Need Us to Handle This.

Patent registration is a multi-year, multi-deadline prosecution. Drafting, RFE timing, FER response quality, and post-grant Form 27 compliance all determine whether your patent grants, holds, and remains in force. Here's when professional handling is essential.

Get help if
  • You're filing your first patent application. Claim drafting is the single most important factor in patent value, claims that are too narrow leave commercial scope on the table; too broad attract Section 3 / novelty objections. Patent Agent drafting is calibrated to balance both. First-time DIY filings rarely achieve this balance.
  • You're a DPIIT-recognised startup eligible for expedited examination. Form 18A reduces grant timeline from 4-6 years to 1-2 years. Eligibility assessment, documentation, and the expedited prosecution itself need careful handling, the faster timeline does not mean lower standards. Patent Agent navigates the expedited route correctly.
  • You have a First Examination Report on the table. FER response is the most failure-prone stage of patent prosecution. Each cited objection needs a substantive response with case law, claim amendments, and prior art distinguishing. Templated FER replies fail; 6-month deadline + 3-month extension is strict; missing it abandons the application.
  • Your invention is in software, fintech, AI, or another Section 3-sensitive domain. Section 3(k) excludes software per se and business methods. Successful prosecution requires emphasising technical effect, hardware integration, and the Delhi HC Ferid Allani framework. DIY drafts often disclose in ways that trigger Section 3 rejection; Patent Agent drafts navigate it.
  • You have post-grant obligations: renewals or Form 27. Annual renewals from year 3 with strict deadlines. Form 27 every 3 years declaring commercial working, often-missed obligation that can trigger compulsory licensing under Section 84. Patents lapse and are weakened by procedural non-compliance, even after grant.
Consider DIY if
  • You have an in-house registered Patent Agent or established IP team. Mature companies with in-house Patent Agents prosecute most filings internally. External engagement is typical for specialised technical domains, complex oppositions, or jurisdictions where the in-house team lacks experience.
  • You are an individual inventor with patent drafting experience. Solo inventors who have previously prosecuted Indian patents successfully can self-file via the IPO portal. Note that DIY filing requires either inventor-on-record or registered Patent Agent representation under Section 126; companies cannot file without a Patent Agent.
  • You're filing a defensive low-commercial-value patent. Defensive patents (filed to prevent competitors from patenting, not to enforce or license) tolerate weaker drafting and may not justify professional fees. Even here, ensuring the patent is granted (not refused) requires baseline procedural compliance.
  • You're continuing prosecution after an earlier engagement. If a previous Patent Agent drafted the application and you only need procedural continuation (renewals, Form 27 filings), self-handling may work, though we typically support overflow and complex prosecution scenarios.

How We Work.

Six commitments. A CA-led IP team in partnership with registered Patent Agents (Section 126 of the Patents Act 1970), prosecuting your application from complete specification through grant, navigating examination deadlines, responding to FER objections with substance, and managing post-grant obligations.

NDA + Patent Agent confidentiality from day one
Non-disclosure agreement signed before invention is shared. India's patent law treats prior public disclosure as a novelty bar; we treat your invention as confidential from first contact. NDA binds our team and the registered Patent Agent partner drafting the complete specification.
Complete specification drafted in 4-8 weeks
From invention disclosure to filed Form 1 + Form 2 (complete): 4-8 weeks standard. Includes formal claim drafting, embodiments, drawings, abstract. Faster turnaround compromises claim quality, which compromises patent value. We do not rush drafting under deadline pressure unless absolutely required.
Claims drafted for scope & defensibility
Independent and dependent claims drafted to maximise commercial scope while remaining defensible against Section 3 objections, prior art citations, and obviousness challenges. Claim drafting is the single biggest determinant of patent value at grant and in litigation.
FER response with case law & amendments
First Examination Report responded within 6 months under Section 21. Each objection addressed: claim amendments, prior art arguments, Section 3 distinguishing (with Ferid Allani framework where applicable), case law citations. We file by Month 5 of 6 to leave buffer for examiner queries.
Patent Agent on every filing & hearing
Registered Patent Agent (Section 126 of the Patents Act 1970) prosecutes the application: Form 1 + Form 2 filing, Form 18 / 18A RFE, FER response, hearings, and grant. Patent Agent's name and registration number on every filing. Power of Attorney from applicant to Patent Agent.
All deadlines tracked: RFE, FER, renewals, Form 27
RFE (31 months), FER response (6 + 3 months), annual renewals (year 3 onward), Form 27 every 3 years declaring commercial working, all tracked and filed with buffer. Patents do not lapse on our watch for missed deadlines; Form 27 non-filing prevented before compulsory licensing risk arises.

Why Patents Get Rejected.

Patents have the highest first-attempt rejection rate of any Indian IP filing. Each common rejection pattern is preventable with structured drafting and disciplined prosecution. The honest catalogue.

Risk if unregistered
Likelihood
Commercial impact
Section 3 exclusion at examination
Very high in startups
Software per se, business methods, math, traditional knowledge, navigated at drafting via Ferid Allani framework
Lack of novelty (Section 2(1)(l))
Common
Prior patentability search + claim amendments distinguishing from cited prior art
Lack of inventive step (Section 2(1)(ja))
Common
Technical advance + economic significance arguments; obviousness response with secondary considerations
Insufficient disclosure (Section 10(4))
Often in DIY filings
Person skilled in the art must be able to perform invention from specification; detailed embodiments and drawings address this
Poor claim drafting
Determines patent value
Independent and dependent claims drafted by registered Patent Agent for scope + defensibility
Missed RFE deadline (31 months)
Permanent loss
Form 18 or 18A filed inside 31-month window; calendar with alerts at 24, 27, 30 months
Inadequate FER response
High
Each objection addressed point-by-point with case law, claim amendments, technical arguments; not templated
Form 27 non-compliance (post-grant)
Often missed
Working statement every 3 years; non-filing risks compulsory licensing under Section 84
Indian patent prosecution is rigorous. Section 3 exclusions, statutory deadlines (RFE, FER), and the post-grant Form 27 obligation each generate avoidable losses. Patents granted on the first attempt with intact 20-year terms are not luck, they are the output of structured drafting and disciplined prosecution by a registered Patent Agent.

Frequently Asked Questions.

4-6 years on the ordinary route from filing to grant, depending on examiner queue and complexity. 1-2 years on the expedited route (Form 18A) available to DPIIT-recognised startups, small entities, female natural person applicants, government bodies, and PCT applicants where India was designated ISA or IPEA. Expedited examination does not change patentability standards, it accelerates queue position: FER typically issues within 1-3 months on expedited route versus 12-24+ months on ordinary route.
Government fees scale with applicant category and application size. Filing (Form 1 + Form 2): ₹1,600 (individual / startup / MSME) or ₹8,000 (large entity) for up to 30 pages and 10 claims; surcharges apply for additional pages and claims. RFE (Form 18): ₹4,000 (individual / startup / MSME) or ₹20,000 (large entity). RFE expedited (Form 18A): ₹8,000 (startup / small entity) or ₹60,000 (large entity). Annual renewals from year 3: ₹800-₹64,000 per year, scaling with year. Professional fees are separate.
For applications filed on or after 15 March 2024, the Request for Examination (Form 18 or Form 18A) must be filed within 31 months from the filing or priority date (was 48 months earlier). Missing this deadline triggers deemed withdrawal under Section 11B(4). Rule 137(2)(iv) expressly excludes condonation; Rule 138 (Form 4 extension) only operates prospectively, not retrospectively. The loss is permanent; the only option is to refile as a new application with later priority. This is the single most critical date in Indian patent prosecution.
Under Rule 24C(1), expedited examination via Form 18A is available to: DPIIT-recognised startups (with valid recognition certificate); small entities (with Form 28 declaration); female natural person applicants (where female applicant is sole or first-named); government bodies and institutions; PCT applicants where India was designated International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA). For DPIIT-recognised startups, this is one of the strongest material benefits of the recognition, reducing prosecution from 4-6 years to 1-2 years.
The First Examination Report (FER) is issued by the IPO examiner after the RFE is processed. It contains objections on novelty, inventive step, industrial applicability, Section 3 exclusions, and any formal deficiencies. The applicant has 6 months from FER date under Section 21 to respond and put the application in order for grant. Form 4 extension for 3 additional months can be filed before the 6-month deadline expires. Each cited objection must be addressed substantively: claim amendments, prior art distinguishing arguments, case law citations, technical explanations. Templated responses fail.
Section 3 of the Patents Act 1970 excludes specific categories regardless of novelty or inventive step. Most relevant: Section 3(k): mathematical methods, business methods, computer programs per se (the “per se” matters, software with technical effect can be patentable per Ferid Allani v Union of India, 2019); Section 3(m): schemes for mental acts or playing games; Section 3(p): traditional knowledge; Section 3(d): new forms of known substances without enhanced efficacy (relevant in pharma, basis for the Glivec case). Section 4: atomic energy. Many Indian startup inventions, especially software, fintech, AI, fail at Section 3; navigating it at drafting stage is critical.
20 years from the date of filing the application (or from the priority date if Convention / PCT priority is claimed), under Section 53 of the Patents Act 1970. The term is uniform across all technology domains. Annual renewals are required from the 3rd year onward; failure to pay renewal fees within the prescribed period results in lapse of patent rights. A 6-month grace period with late fees is available; restoration is possible within 18 months of lapse under Section 60. After the 20-year term expires, the invention enters the public domain.
Form 27 is the post-grant statement regarding working of patented invention on commercial scale in India required under Section 146(2) of the Patents Act 1970. It must be filed every 3 financial years (2 financial years of working data, filed by 30 September). Failure to file can be cited as a ground for compulsory licensing under Section 84 (a third party may apply to compel a licence on reasonable terms if working is inadequate). Form 27 is one of the most-missed post-grant obligations and a real risk for granted Indian patents. We track Form 27 cycles as part of standing engagement.
Software per se is excluded under Section 3(k). However, software that produces a technical effect beyond the program itself, software combined with hardware, software solving a technical problem, software with measurable technical contribution, can be patentable. The Delhi High Court in Ferid Allani v Union of India (2019) established that the “per se” in Section 3(k) means the exclusion applies to computer programs per se, not all software inventions. Subsequent CGPDTM guidelines have refined the position. For software inventions, the specification must emphasise technical effect, hardware integration, and technical problem solved.
Two routes to the same goal. Direct complete specification: file Form 1 + Form 2 (complete) at the start; suitable when invention is finished and claims are ready. Single filing engagement. Provisional then complete: file Form 1 + Form 2 (provisional) first to capture priority date; file complete specification within 12 months under Section 9(1). Suitable when invention is still evolving or a public disclosure is imminent. The 20-year term is calculated from the filing date of the complete specification in either case (or from the provisional if the complete is filed within 12 months of the provisional).
Yes. Pre-grant opposition under Section 25(1): any person may file opposition after publication and before grant, on grounds including lack of novelty, lack of inventive step, insufficient disclosure, Section 3 exclusion, wrongful obtainment. Post-grant opposition under Section 25(2): filed within 12 months of grant, by an interested person, on similar grounds. Revocation under Section 64: filed at any time after grant by an interested person before the High Court or Controller. All three are adversarial procedures requiring evidence and case law. We handle prosecution; complex litigated oppositions and revocations are co-handled with patent litigation counsel.
Pricing depends on: (1) technical complexity, mechanical / electrical / chemical / software / biotech all draft and prosecute differently; (2) specification length and claim count, base fees cover ≤30 pages, ≤10 claims; surcharges apply for more; (3) route, ordinary vs expedited (Form 18A); (4) foreign filing strategy, whether the Indian filing is part of a multi-jurisdiction (Paris Convention or PCT) strategy; (5) FER complexity, scope of objections affects response cost. We provide a fixed engagement fee once the scope is clear, broken into milestones: drafting + filing, RFE + FER response, hearing, grant. Renewal and Form 27 retainer offered separately.

You Might Also Need.

Patent Search Provisional Patent Application Trademark Registration Copyright Registration Virtual CFO Private Limited Company

Register Your Patent.

Talk to a CA in 15 minutes. Response within 30 mins during business hours.