Patent registration process in India
From idea to granted patent, here are the stages, key forms and time limits.
Quick answer
The usual path is: patent search, filing a provisional or complete application, publication at 18 months, a request for examination within 31 months, replying to the examination report, then grant and annual renewal from year three. A patent lasts 20 years from filing.
Steps and time limits
- Check patentability. The invention must be new, inventive and capable of industrial use. Start with a search.
- File an application. A provisional first, then the complete specification within 12 months, or a complete one directly.
- Publication at 18 months from the earliest filing date. Early publication can be requested on Form 9.
- Request for examination (Form 18) within 31 months from the filing or priority date for applications after 15 March 2024. Expedited examination uses Form 18A for eligible applicants.
- First examination report (FER). You normally have six months to reply, extendable by up to three.
- Hearing and grant. If objections are resolved, the patent is granted and published.
- Renewal. Pay annual renewal fees from the third year. A lapsed patent can be restored within 18 months.
Last checked: 12 November 2026. This page is general information, not legal advice. Fees and rules change, so confirm on the official site before you file.
Oppositions
Anyone can file a pre-grant opposition before grant, and a post-grant opposition within a year of publication of grant. These can add time and cost.
How long does it take?
Grant often takes several years in India, depending on the field and the objections raised. Expedited examination can shorten it for eligible applicants. See patent fees for the costs at each stage.
Frequently asked questions
What is the FER?
The first examination report lists the examiner’s objections. You reply with arguments and amendments, usually within six months.
Can I file abroad too?
Yes. Under the PCT route you can file one international application within 12 months of your Indian filing. Get advice on the countries you need.
What if I miss the examination request deadline?
The application is treated as withdrawn, so track the 31-month limit carefully.
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Written by: Trademark Wale editorial team, with over 40 years of experience in trademark and IP work, serving 7000+ brands. Last updated: 12 November 2026.
Sources: IP India, Patents Act 1970 and Patents Rules, including the Patents (Amendment) Rules 2024. Confirm current fees on the official fee schedule.
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