A practical guide answering common questions on Indian patent law, including filing, examination, costs, infringement, licensing, and recent amendments.
Patent Basics
What a patent is, what does and doesn't qualify, and how it differs from other IP rights.
What exactly is a patent? S.2(1)(m)
A patent is a right granted by the government that lets an inventor stop others from making, using, selling, or importing their invention in India without permission, for a fixed number of years. In return, the inventor has to publicly describe how the invention works, so that knowledge eventually becomes available to everyone once the patent expires.
What makes an invention patentable in the first place? S.2(1)(j)/(ja)/(ac)
Three things have to be true. It must be new (not already known or used anywhere in the world), it must involve an inventive step (not just an obvious tweak that any skilled person in the field could have come up with), and it must be capable of industrial application (it can actually be made or used in some industry). Fall short on any one of these and the application gets refused, however original it feels to the inventor.
What can never be patented in India, even if it's brand new? S.3
Section 3 rules out several categories regardless of novelty, including: pure discoveries and scientific theories; abstract mathematical formulas; methods of medical, surgical or diagnostic treatment of humans or animals; plants and animals (other than microorganisms) and the "essentially biological" processes used to produce them; and anything against public order, morality, or seriously harmful to the environment.
One specific rule trips people up a lot: a merely new form of an already-known substance can't be patented unless it measurably improves how well the substance works. This is the provision that famously blocked Novartis's Indian patent on the cancer drug Glivec in 2013.
How is a patent different from a trademark, copyright, or design registration?
A patent protects how an invention works, a new product or process, for 20 years. A trademark protects a brand name, logo or symbol that identifies a business, and can be renewed indefinitely. Copyright protects creative expression, writing, art, music, and software source code automatically, without registration, typically for the author's lifetime plus 60 years. A design registration protects only the visual appearance or shape of a manufactured article (not how it works), for up to 15 years. Many products legitimately need more than one of these at once, for instance, a new gadget might have a patented mechanism, a registered design for its shape, copyrighted firmware, and a trademarked name.
How long does a granted patent last, and when do I start paying to keep it? S.53
Every patent lasts 20 years, counted from the date the application was filed in India or, for an invention that entered via the PCT route, from the international filing date, not the later date it entered the Indian national phase. Renewal fees become due every year starting from the third year after filing. Since the 2024 amendment, a 10% discount applies if you pay four or more years of renewal fees in advance, electronically, in one go.
If I invent something while working for a company, who owns the patent — me or my employer?
This trips up more people than almost anything else in Indian patent law. Unlike copyright, where the law automatically gives ownership to the employer for work made during employment, the Patents Act has no equivalent rule. Ownership defaults to the inventor unless there's a written assignment, or a clear "duty to invent" can be shown (the employee was specifically hired or instructed to create that kind of invention).
Courts have held that simply working in a company lab on a salary isn't enough on its own to transfer ownership (the Bombay High Court's ruling in Darius Rutton Kavasmaneck v. Gharda Chemicals). This is exactly why employment and consulting contracts in India almost always include an explicit clause assigning future inventions to the employer, without one, the inventor can end up the legal owner.
Filing the Application
Who can file, what documents are involved, and how to protect your filing date.
Can an individual inventor file without a patent agent?
Yes — a resident Indian inventor can file directly, without engaging a registered patent agent, as long as the application strictly meets every statutory and formal requirement. Given how easy it is to get claim drafting or formalities wrong (and how hard that is to fix later), most people still use an agent for anything beyond a simple invention. Foreign applicants with no place of business or residence in India don't have this option, they must file through a registered Indian patent agent.
What's the difference between a provisional and a complete specification? S.9
A provisional specification is a shorter document you can file quickly to lock in a filing date while your invention is still being finalised — useful if you're racing to beat a public disclosure or a competitor to the office. Indian law then gives you exactly 12 months to file the full, detailed complete specification. Miss that window and the provisional application is treated as abandoned, and you lose the earlier filing date entirely.
What is a "priority date," and why does it matter? S.135
It's the earliest filing date you can claim for an invention — normally the date you first filed it in any country belonging to the Paris Convention (which includes India). Filing in other member countries within 12 months of that first filing lets you claim the same priority date there too. This matters because novelty and inventive step are judged as of the priority date, not the date you eventually filed elsewhere.
Can I file my patent application online?
Yes, and it's now the norm — roughly 95% of IP filings in India happen through the e-filing portal today. E-filing also attracts lower government fees than filing on paper, so there's little reason to file physically unless you have no other option.
I publicly showed or published my invention before filing — is it too late? S.31 · Form 31
Not necessarily, but act quickly. Section 31 gives a 12-month grace period for narrow situations: display at a government-recognised exhibition, a paper read before a learned society, or reasonable trial/experimental use. Since the Patents (Amendment) Rules, 2024, you must now formally claim this grace period by filing Form 31 with supporting evidence and a fee, it's no longer automatic just because the disclosure fits one of these categories.
Outside these specific exceptions, any public disclosure before filing destroys novelty everywhere else in the world. As a rule of thumb: file before you publish, present at a conference, or pitch the technical details to outsiders.
When does my application become public? S.11A · Form 9
Ordinarily 18 months after the priority (or filing) date, automatically. If you want "patent pending" status visible sooner — useful for showing investors or licensees — you can request early publication using Form 9, which typically publishes the application within about a month of the request.
Can I protect my invention internationally with a single application?
No — patents are territorial, and there's no such thing as a single "world patent." What you can do is file one PCT (Patent Cooperation Treaty) application, which buys you time — up to 31 months from your priority date — before you have to commit to filing (and paying for) separate "national phase" applications in each country where you actually want protection. It's a cost-deferral tool, not a single global right.
Examination, Opposition & Grant
How long it really takes, who can object, and what happens after a refusal.
So, realistically, how long does it take to get a patent granted?
It depends heavily on the route and the year you ask. A decade ago the normal route routinely took 5–7 years. Heavy IPO digitisation and capacity-building brought that down substantially for a few years. More recently, however, a shortage of patent examiners through 2024–2025 has slowed down First Examination Report issuance again in several technology fields, and practitioners report this can add a couple of extra years to prosecution in busier art units.
The honest answer: expect somewhere between roughly 2 and 5 years on the normal route depending on your field and the Office's current capacity, and roughly 1–1.5 years on the expedited route if you qualify (occasionally faster). Track your specific application's status on the IP India portal rather than relying on any general number.
What is "expedited examination," and am I eligible? Form 18A
Filing Form 18A instead of the standard Form 18 moves your application ahead of the regular queue. You generally qualify if you're a startup, a small entity, a woman applicant (solely or as a co-applicant), an educational institution, a government department or government company, or you're filing under a relevant Patent Prosecution Highway arrangement with another country's patent office.
What is the deadline to "request examination," and has it changed? R24B
For applications filed before 15 March 2024, you have 48 months from the priority/filing date to file a Request for Examination (Form 18). For applications filed on or after that date, the Patents (Amendment) Rules, 2024 cut this down to 31 months — conveniently, the same deadline that already applied to PCT national-phase entry into India. Miss the deadline entirely and the application is treated as withdrawn.
What actually happens after I request examination? Sections 12-15
An examiner reviews the application for novelty, inventive step, industrial applicability, and compliance with the Act and Rules, then issues a First Examination Report (FER) listing every objection. You get 6 months to respond (extendable by a further 3 months on request, with fees). After reviewing your response — and a hearing, if needed — the Controller either grants the patent, requires further amendments, or refuses it by a reasoned, appealable order.
What is "pre-grant opposition," and who's allowed to file one? S.25(1)
Anyone — even someone with no direct commercial stake — can oppose a published application before it's granted, on grounds listed in Section 25(1): for example, lack of novelty, an obvious invention, or an invention wrongfully taken from someone else. Since the 2024 amendment, the Controller first checks whether the opposition shows a genuine, credible case before allowing full proceedings to go ahead, and a filing fee now applies (previously it was free).
What is "post-grant opposition," and how is it different? S.25(2)
Only an "interested person" (broadly, someone with a real commercial or competitive interest) can file this, and only within 12 months of the grant being published — on essentially the same grounds used for revoking a patent. The filing fee is higher than for pre-grant opposition, reflecting that an already-granted right is being challenged rather than a pending application.
Can I appeal if my application gets refused?
Yes. Appeals from a Controller's decision now go to the Intellectual Property Division (IPD) of the relevant High Court, since the tribunal that used to hear these appeals, the IPAB was abolished in 2021 (more on that below).
Costs, Fees & Discounts
What filing actually costs, and where the recent fee breaks apply.
What's the fee for filing a patent application in India?
It depends on who's applying and how. Fees are lowest for a "natural person," startup, or small entity; roughly four times higher for a "large entity" (broadly, bigger companies); and lower for e-filing than paper filing. The exact figures are set out in the First Schedule to the Patent Rules, 2003, and get revised periodically — always check the current schedule on ipindia.gov.in before relying on a number you've seen elsewhere, including this page.
Are there fee discounts for startups, women inventors, or small businesses?
Yes, on two levels. First, the "natural person / startup / small entity" fee category already pays substantially less than large companies across almost every form. Second, the 2024 amendment added further breaks on top of that — including a 50% discount on filing fees for a patent of addition, and a 10% discount on renewal fees for anyone (not just smaller applicants) who pays four or more years of renewal fees in advance, electronically.
Can I extend a deadline I'm about to miss, or fix one I've already missed? Form 4, R138
Often, yes. Since the 2024 amendment, the Controller can extend most prescribed deadlines, or condone a delay, by up to 6 months, on a formal request using Form 4 along with a fee. A handful of strict deadlines are carved out from this and genuinely cannot be extended this way — including PCT national-phase entry and the request-for-examination deadline itself — so don't assume every date is flexible. Extension fees scale by the number of months' delay and by applicant category.
After Grant: Working, Renewals & Additions
Staying compliant once you actually have a patent.
What is a "working statement," and has the rule recently changed? S.146 · Form 27
Every patentee and licensee must periodically tell the Patent Office whether the invention is actually being used ("worked") commercially in India, using Form 27. Until 2024 this was required every single year. Under the Patents (Amendment) Rules, 2024, it now only needs to be filed once every three financial years, due within six months of the end of that three-year block.
The form itself got simpler too: instead of reporting exact revenue or sales figures, you now mostly just need to confirm whether the patent was worked or not (and give a reason if it wasn't). Related patents covering the same product can also be combined into a single Form 27.
What happens if I file Form 27 late, or file false information? S.122
Missing the deadline can attract a penalty of up to ₹1 lakh, plus a further daily penalty if the failure continues. Deliberately filing false information attracts a steeper penalty tied to your business turnover. Beyond the direct fine, a poor working-statement track record is also evidence an opponent can use against you in a compulsory licence application — see the next question.
What if I'm genuinely not commercially using my patent in India? S.84
After 3 years from the date of grant, anyone interested can apply for a compulsory licence — essentially, a court-ordered licence to use your invention without your consent — if the reasonable requirements of the public aren't being met, the invention isn't available at a reasonably affordable price, or it simply isn't being worked in India at all. This is the practical teeth behind the working-statement requirement: it isn't just paperwork, it's the evidence such an application would rely on.
What is a "patent of addition," and how is it different from a regular patent? S.54
It's a patent for an improvement or modification of your own existing invention, granted to the same patentee. Its term runs alongside the main patent — it expires the same day the main patent does, with no separate renewal fees due during that period. If the main patent is later revoked, you can convert the patent of addition into a standalone, independent patent. Since the 2024 amendment, filing fees for a patent of addition are discounted by 50%.
Rights, Ownership & Licensing
What owning a patent actually entitles you to do — and let others do.
What rights does owning a patent actually give me? S.48
The exclusive right, for the life of the patent, to stop anyone else from making, using, offering for sale, selling, or importing the patented product (or, for a process patent, the process itself and any product made directly by it) in India, without your consent. It's a right to exclude others — it doesn't automatically give you the right to make or sell the product yourself if doing so would infringe someone else's separate patent.
What's the difference between assigning a patent and licensing it? S.68 & 69
Assigning transfers ownership outright — you're effectively selling the patent. Licensing keeps you as the owner but lets someone else use the invention on terms you set (royalties, territory, duration, exclusivity). Both have to be in writing, and both need to be registered with the Controller — normally within 6 months — before the new owner or licensee can fully enforce their rights against third parties.
Exclusive vs non-exclusive licence — what's the practical difference?
Under a non-exclusive licence, the patentee can grant the same rights to multiple licensees at the same time. Under an exclusive licence, the patentee is restricted from granting any further licences in that same territory or field of use to anyone else — sometimes even agreeing not to use the invention themselves. Exclusivity is a major commercial term and is usually priced (and negotiated) accordingly.
What is "compulsory licensing," and when can someone use my patent without permission? Sections 84-92
It's a licence granted by the Controller (not by you) that allows a third party to use your patented invention against your wishes, under specific legal conditions, most commonly the three-year "not worked / not affordable / public need unmet" test under Section 84 described above. Separately, the Central Government can authorise compulsory licences during a national emergency, a situation of extreme urgency, or a declared public health crisis, under Section 92.
Can the government use my patented invention for its own purposes?
Yes, within limits. The Central Government can authorise the use of a patented invention for governmental purposes, including for defence or other public-interest reasons, generally with reasonable compensation paid to the patentee. This is a separate mechanism from the compulsory licensing route available to third parties, and it's meant for genuine government use, not commercial exploitation by others.
Infringement & Enforcement
What counts as infringement, what you can do about it, and the defences the other side can raise.
What actually counts as patent infringement?
Broadly, doing any of the things only the patentee is allowed to do under Section 48, making, using, offering for sale, selling, or importing the patented product or process without the patentee's consent, while the patent is in force. Whether a specific product or process actually falls within the scope of the granted claims is a technical question that usually needs expert and legal input; it's rarely as obvious as it looks from the outside.
If someone infringes my patent, what can I actually do about it? S.108
Section 108 sets out the available reliefs: an injunction (temporary, to stop the infringement while the case is pending, and/or permanent, once the case is decided), plus — at your choice, not both — either damages for your actual losses or an account of profits the infringer made from the infringing activity. Indian courts have a track record of granting interim injunctions reasonably readily where a patentee shows a strong, credible case.
Where do I actually file an infringement suit? What is the IPD?
The Intellectual Property Division (IPD) of the Delhi High Court, set up in July 2021, is a specialised division handling patent infringement suits, revocation petitions, and appeals from Patent Office orders, under its own dedicated procedural rules (the IPD Rules, 2022) and IP-focused judges. Other High Courts have followed with similar specialised IP arrangements for matters within their jurisdiction.
Whatever happened to the IPAB?
The Intellectual Property Appellate Board (IPAB) used to hear appeals from Patent Office and Trade Marks Registry decisions. It was abolished by the Tribunals Reforms Act, 2021, and its jurisdiction over patent appeals — including Controller appeals, revocation petitions, and compulsory licensing appeals — was transferred to the respective High Courts, which is why the IPD now handles this work in Delhi.
What defences can someone accused of infringement raise? S.107 & 64
The most common defence is to challenge the patent's validity itself, using any ground listed for revocation under Section 64 — for example, that the invention was already known or published before filing, that it was obvious, that it was wrongly obtained from someone else, that the specification didn't sufficiently disclose how to make it work, or that it falls into one of the non-patentable categories under Section 3. A successful validity challenge can end the case entirely, regardless of whether the alleged copying actually happened.
Can generic drug makers test a patented medicine before the patent expires? S.107A(a)
Yes — this is the "Bolar exemption." Making, using, selling, or importing a patented invention solely for purposes reasonably related to developing and submitting information needed for regulatory approval (in India or abroad) doesn't count as infringement. It exists specifically so generic manufacturers can be ready to launch the moment a patent expires, rather than starting from zero.
Can patented products be brought into India from another country without extra permission? S.107A(b)
In a specific situation, yes: importing a patented product from someone who was duly authorised by the patentee to produce, sell, or distribute it does not infringe the Indian patent. This "parallel import" provision means a patentee can't always use their Indian patent to block the import of their own genuine, authorised goods sourced from elsewhere.
Special & Emerging Topics
Software, AI, medicine, traditional knowledge, and practical research tools.
Can software or an app be patented in India? S.3(k)
Not as bare code or an algorithm "per se" — Section 3(k) excludes a computer programme by itself, along with mathematical and business methods. But the courts have repeatedly clarified (including the Delhi High Court in Ferid Allani v. Union of India and later cases like Ericsson v. Lava) that this exclusion shouldn't block genuine technological innovation. If your software produces a real technical effect — say, it makes hardware run faster, secures a network better, or solves a concrete engineering problem, rather than just automating a business process — it can be patentable. The Patent Office's 2025 Computer-Related Invention Guidelines now set out structured tests examiners use to make this call, but the line is still genuinely fact-specific, so good claim drafting matters a lot here.
Can an AI system be listed as the "inventor" on an Indian patent? S.6
No. Section 6 only allows a person to apply as the true and first inventor (or as their assignee or legal representative), and the Patent Office's 2025 guidelines explicitly state that inventions autonomously generated by an AI system aren't currently patentable in India, because an AI isn't a "person" under the Act. A human who used AI as a tool during the inventive process can still be named the inventor.
Can a method of surgery, diagnosis, or medical treatment be patented? S.3(i)
No. Section 3(i) specifically excludes any process for the medicinal, surgical, curative, prophylactic, diagnostic, or therapeutic treatment of humans or animals from patentability. Surgical techniques, diagnostic methods, and treatment procedures simply aren't eligible — though a new device, drug, or piece of equipment used during such treatment can be patentable on its own.
My invention uses a plant extract or traditional Indian knowledge — anything extra to do?
Usually, yes. If your invention relies on biological material sourced from India, you generally need approval from the National Biodiversity Authority, and your application must disclose the source and geographical origin of that material. Separately, an invention that's just a new use of, or a minor variation on traditional knowledge that's already publicly known isn't patentable at all under Section 3(p), no matter how it's dressed up.
How do I check whether my invention has already been patented?
Search InPASS (the Indian Patent Advanced Search System) on the IP India website. It's free, needs no registration, and lets you search published applications and granted patents by keyword, applicant, inventor, or patent classification. For a fuller international picture, it's worth supplementing this with Espacenet or Google Patents before you invest in drafting and filing.
Which patent office actually handles my application?
The Indian Patent Office is headquartered in Kolkata, with branch offices in Delhi, Mumbai, and Chennai. Which branch handles your specific application generally depends on the applicant's place of business or residence in India (or, for foreign applicants, the patent agent's address).