Patent Filing in India: A Startup Guide

Key takeaways

• A patent protects a new technical invention for 20 years from the filing date.
• Recognised startups pay much lower government fees: ₹1,600 to file and ₹4,000 for examination (e-filing).
• File before you pitch, launch or demo: early public disclosure can destroy novelty.
• From filing to grant usually takes 3 to 5 years, but your filing date is protected from day one, and startups can request expedited examination.

Patent filing in India is how a startup turns an invention into an asset it legally owns. If your product has a new technical feature, a new way of doing something, or a mechanism competitors could copy, a patent application stops them from using it for 20 years. This guide covers who should file, what can be patented, the exact process step by step, what it costs, how long it takes, and the mistakes that quietly kill applications.

Last updated: 5 November 2026. Reviewed by Amar Gite, Registered Patent Agent (IN/PA 2559), Legismith Partners LLP.

Who should file a patent, and when?

File if your product or process has a technical feature that a competitor could reverse-engineer or copy once they see it: a device, a mechanism, a manufacturing method, a formulation, or software that produces a technical effect. File before any public disclosure — a pitch deck shared widely, a product launch, a demo day or even a detailed blog post can count against novelty.

If the invention can be kept secret indefinitely and cannot be reverse-engineered (a factory process, for example), a trade secret may protect it better. Most product startups cannot do that, which is why they file.

What can be patented in India?

An invention can be patented in India if it meets three tests:

1. Novelty — it is new, anywhere in the world, not just in India.
2. Inventive step — it is not obvious to someone skilled in that field.
3. Industrial application — it can be made or used in an industry.

For startups, patentable subject matter usually includes devices and machines, manufacturing processes, technical systems, formulations, and software when it produces a technical effect (for example, software that controls hardware or measurably improves how a system works).

What cannot be patented?

Section 3 of the Indian Patents Act excludes, among other things:

• Mere discoveries and scientific principles
• Business methods and mathematical methods
• Computer programs per se (software with no technical effect)
• Methods of agriculture or horticulture
• Traditional knowledge and mere aggregation of known properties

This is where most startup applications get into trouble: the idea is good, but it is drafted as a business idea instead of a technical invention. A patentability search before filing answers this question cheaply, before you spend on a full application.

Are you eligible for startup fees?

The Patent Office charges recognised startups, small entities and individuals a fraction of the large-entity fee. To claim startup status you generally need DPIIT recognition as a startup, and you file Form 28 with the application to claim the lower fee. If your entity is not DPIIT-recognised yet, applying for recognition before you file can cut your official fees by roughly 80 percent at every stage, including examination and renewals.

Provisional or complete specification: which should you file first?

A provisional specification is a shorter document that records your filing date while the invention is still being finished. You then have 12 months to file the complete specification. It suits early-stage startups that need a filing date now — for a demo day, a launch, or a disclosure to a partner — but whose product is still changing.

A complete specification is the full document, with detailed description, drawings and claims, filed when the invention is ready. If you file a provisional and miss the 12-month deadline, the application is treated as abandoned, so the date matters.

Many startups file a provisional first and convert within the year. What matters is that the first document genuinely discloses the invention — a one-page idea note is not enough to protect you later.

The patent filing process in India, step by step

1. Patentability search — a search of Indian and global patent databases and published literature to check novelty and spot close prior art.
2. Drafting — the specification is written around what is actually new, with claims that define the legal boundary of your protection.
3. Filing — the application is filed with the Indian Patent Office (Form 1, with Form 2 specification, Form 3 statement of foreign filings, Form 5 declaration of inventorship). Startups should also file Form 28 to claim startup status and the lower government fee.
4. Publication — the application is published in the Patent Journal after 18 months (early publication can be requested on Form 9).
5. Examination — you must request examination on Form 18 within 31 months of the priority date; the Patent Office then issues a First Examination Report (FER) listing objections.
6. Reply and hearing — you reply to the FER with arguments and, where needed, claim amendments; a hearing may follow.
7. Grant — if the objections are resolved, the patent is granted and entered in the Register of Patents. Annual renewal fees keep it in force, up to 20 years from filing.

Official forms, fee schedules and the application portal are on the website of the Indian Patent Office.

Timeline: how long each stage takes

Expedited examination: startups, small entities and certain other applicants can request expedited examination on Form 18A, which moves the application up the queue and can shorten the wait considerably. If speed matters — for a funding round or a launch — ask about it at filing.

How much does patent filing cost in India?

Government fees depend on applicant type. A recognised startup, small entity or individual pays far less than a large company. Indicative official fees (e-filing):

Extra pages beyond 30 and extra claims beyond 10 carry small per-page and per-claim fees. After grant, renewal fees are payable every year from the third year to keep the patent alive; for startups and small entities these run from ₹800 a year in the early years, rising over the term. A patent you stop renewing lapses early, so budget renewals into your IP plan.

Professional fees for drafting and prosecution vary with the complexity of the invention and are additional. At Legismith we work on fixed fees quoted upfront, so a startup knows the full cost of each stage before it starts.

What happens after the patent is granted?

Grant is not the end of the file. Three things continue:

• Renewals — pay the annual fee to keep the patent in force up to 20 years.
• Working statement (Form 27) — the patentee must periodically file a statement on whether the patent is being worked in India.
• Enforcement and licensing — a granted patent lets you stop infringers, license the technology, or assign it. Record licences and assignments with the Patent Office so they bind third parties.

Filing abroad: PCT and the 12-month window

Your Indian filing date gives you 12 months to file in other countries claiming priority. Most startups use the PCT (Patent Cooperation Treaty) route: one international application within those 12 months keeps your options open in 150+ countries, and you decide country by country at around 30 to 31 months. If the US or Europe is in your expansion plan, diarise the 12-month date the day you file in India.

Common mistakes startups make

• Disclosing before filing. A pitch, a website launch or a conference demo before the filing date can destroy novelty. File first, disclose after.
• Filing only an idea. Claims must be supported by a real, worked-out invention; vague applications fail at examination.
• Missing the 12-month provisional deadline. The application lapses and the filing date is lost.
• Ignoring the FER. Non-reply within the prescribed period leads to the application being treated as abandoned.
• Naming the wrong owner. The applicant should usually be the company, not an individual founder, with assignments from the inventors recorded. Investors check this in due diligence.

Frequently asked questions

Building something new? Legismith drafts and files patent applications for startups on fixed fees, with a quote within 24 hours. Book a free consultation to check whether your invention is patentable before you disclose it.