Provisional Application
Establishes a priority date while the invention is under development. Complete specification must be filed within 12 months.
12 months to complete
Patent Filing & Registration
Patent application filing and registration services covering the complete lifecycle from initial application to grant in India
Provisional applications, complete specifications, convention filings, prosecution, and grant.
Practice Overview
The Patent filing and registration practice handles Patent applications from initial filing through grant and maintenance, covering various filing routes available under Indian Patent law.
Services include provisional application filing, complete specification drafting and filing, convention filings claiming foreign priority, PCT national phase entries, and prosecution through to grant. The practice also covers post-grant matters including renewals and working statement filings.
The team includes Patent attorneys with technical backgrounds who handle the drafting and prosecution of Patent applications. Filing routes include direct filing in India, convention applications claiming priority from foreign filings, and national phase entry from PCT applications.
Types of Patent Filings
Filing routes available under Indian patent law for obtaining patent protection.
Complete Specification
Full Patent application with claims, description, abstract, and drawings. Can be filed directly or following a provisional application.
Examination on request
Convention Application
Application filed in India claiming priority from an earlier foreign application under the Paris Convention.
Within 12 months of priority
PCT National Phase
Entry into India from an international PCT application. Filed within 31 months from the earliest priority date.
Within 31 months
Divisional Application
Separate application carved out from a parent application containing multiple inventions. Claims priority from parent filing.
Before grant of parent
Patent of Addition
Application for improvement or modification of an already Patented invention. Term linked to main Patent.
During main Patent term
Registration Process
Indian Patent Registration Process
Overview of the patent application lifecycle from filing to grant. The complete process typically takes 3-5 years.
- 01
Filing
Day 1Provisional or complete specification to be filed with the Indian Patent Office.
- 02
Publication
18 monthsApplication to be published in the Patent Journal at 18 months from the priority date.
- 03
Request for Examination
Within 31 monthsRFE must be filed within 31 months from priority date (changed from 48 months in March 2024).
- 04
Examination
Post RFEThe First Examination Report is issued with objections and prior art citations.
- 05
Response & Prosecution
6 months from FERResponse to FER with amendments and arguments. Hearing if required.
- 06
Grant
Upon clearanceThe Patent is granted upon satisfaction of the requirements. 20-year term from filing.
Patent Granted
3-5 years typical
20-year term
Annual renewals from Year 3
Important Notes
Opposition: Pre-grant opposition can be filed after publication. Post-grant opposition must be filed within 12 months of grant.
Expedited Examination: Available for startups, small entities, female applicants, government institutions, and PCT applications designating India as ISA/IPEA.
Service Areas
Services covering the patent filing and registration lifecycle.
Patent Drafting
Preparation of Patent specifications by technically qualified attorneys.
- Provisional specification preparation
- Complete specification with claims
- Abstract and drawing preparation
- Claims for multi-jurisdictional filing
- Amendment drafting
Patent Filing
Filing of Patent applications with the Indian Patent Office.
- Provisional and complete applications
- Convention applications
- PCT national phase entry
- Divisional applications
- Patent of addition filings
Patent Prosecution
Handling examination and responding to office actions.
- Request for examination filing
- First examination report responses
- Claim amendments
- Hearing representation
- Pre-grant opposition responses
Registration & Grant
Processing through to grant and maintaining Patent rights.
- Grant certificate processing
- Publication monitoring
- Patent term management
- Renewal fee payments
- Working statement filings (Form 27)
Foreign Filing Coordination
Coordination for Patent filings in foreign jurisdictions.
- Paris Convention filings
- PCT application coordination
- National phase entries abroad
- Foreign associate management
- Translation coordination
Portfolio Management
Ongoing management and maintenance of Patent portfolios.
- Deadline tracking
- Renewal management
- Working statement compliance
- Status reporting
- Cost tracking
Technology Domains
The practice has handled patent filings across the following technology areas.
Aerospace & AviationAgriculture & AgriTechAI & Machine LearningAssistive TechnologiesAutomotiveAutonomous SystemsBattery TechnologiesBiotechnologyChemistry & MaterialsClean TechnologyConsumer ElectronicsCybersecurityData ScienceDigital HealthE-CommerceElectric VehiclesElectronicsEnergy StorageEntertainment & MediaFinTechFood TechnologyGreen EnergyHealthcare & MedicalInternet of ThingsIT & SoftwareManufacturingMechanical EngineeringMedical DevicesMobile TechnologiesNanotechnologyOnline PlatformsPersonal CarePharmaceuticalsRenewable EnergyRobotics & AutomationSemiconductorsSpace TechnologiesTelecommunicationsTraditional Medicine
Practice Characteristics
Aspects of the patent filing and registration practice.
Technical Background
Patent attorneys with engineering and science qualifications handle drafting and prosecution across technology domains.
Filing Experience
The practice has handled Patent filings across various technology sectors over two decades of operation.
Process Coverage
Services cover the complete filing lifecycle from initial application through grant and ongoing maintenance.
Filing Routes
Experience with direct filing, convention applications, PCT national phase entries, and divisional applications.
Prosecution Handling
Response preparation for examination reports, claim amendments, and representation at Controller hearings.
Post-Grant Compliance
Management of renewal payments and working statement filings under Indian Patent law requirements.
Frequently Asked Questions
Common questions about patent filing and registration in India
A provisional specification establishes a priority date and provides 12 months to file the complete specification. It does not require claims. A complete specification is the full application with description, claims, abstract, and drawings that will be examined for patentability. If the complete specification is not filed within 12 months of the provisional, the application is deemed abandoned.
The application is published at 18 months from priority (or earlier if requested). Request for examination must be filed within 31 months (changed from 48 months in March 2024). The First Examination Report typically issues within months of examination commencement. Total time from filing to grant is typically 3-5 years, depending on the complexity of examination and prosecution.
Convention filing refers to filing a Patent application in India while claiming priority from an earlier application filed in another Paris Convention country. The Indian application must be filed within 12 months of the foreign priority date. This allows the applicant to obtain the benefit of the earlier filing date.
Required documents include: complete specification with claims, abstract, and drawings; Form 1 (application form); Form 2 (specification); Form 3 (statement regarding foreign applications); power of attorney; priority documents if claiming convention priority; and assignment deed if the applicant differs from the inventor.
The FER is the official communication from the Patent Office examiner containing objections regarding patentability, formal requirements, and prior art citations. The applicant must respond within 6 months (extendable by 3 months on request), addressing all objections through amendments and arguments.
Annual renewal fees are payable from the 3rd year onwards to maintain the Patent in force. Fees can be paid in advance. Non-payment leads to lapse of the Patent. The Patent term is 20 years from the filing date, subject to payment of renewal fees.
Under Section 146 of the Patents Act, Patentees must file a statement (Form 27) every three financial years regarding the working of the Patent in India. This must be filed within 6 months from the end of each three-year period and should indicate whether the Patent is being commercially worked.
Amendments can be made during prosecution in response to examination reports. Claims can be amended to address prior art objections or formal requirements. The specification can also be amended, though amendments must not introduce new matter beyond what was originally disclosed.
The term of a Patent in India is 20 years from the date of filing of the complete specification. For PCT national phase applications, the term is 20 years from the international filing date. The term is subject to payment of annual renewal fees.
After grant, the Patent certificate is issued and the grant is published in the Patent Journal. The Patentee must pay annual renewal fees and file working statements (Form 27) every three financial years. Post-grant opposition can be filed by interested parties within 12 months of grant publication. The Patent can be licensed, assigned, or enforced against infringers.
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