Regardless of the type of patent you are seeking, patent protection can only be obtained by applying with the Indian Patent Office (IPO). There are both provisional and Complete Specification patent applications available to anyone looking to file a Patent application in India. A provisional patent application can be filed to allow the Patent applicant more time to figure out the specifics of the invention or discovery while protecting the invention or discovery from being patented by someone else. An Inventor who files a provisional patent application has one year from the date of filing to file a Complete Specification patent application.

The Complete Specification patent application begins the official examination process where the Indian Patent Office (IPO) determines if the invention or discovery is eligible to receive patent protection. Although the information that must be included in the patent application will depend on the type of patent that is being sought, Complete Specification patent applications will typically include a description and claim of the invention or discovery, drawings, an oath or declaration, and fees. An inventor can also file an international patent application using the Patent Cooperation Treaty (PCT) system.