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Patents in India

Knowledge Base · Patents

Patents in India

Everything you need to understand patent protection in India — what can be patented, how to file and prosecute an application, opposition and revocation, and keeping a patent in force.

Governing lawPatents Act, 1970 & RulesTerm20 years from filingAuthorityIndian Patent Office (CGPDTM)ExaminationRFE within 31 months

On this page

BasicsApplicationExamination & grantOpposition & revocationMaintenanceInternationalSpecial topicsChangesFAQ

Patent basics

The fundamentals of what a patent is and what it protects.

What is a patent?A time-limited exclusive right (up to 20 years) to stop others making, using or selling an invention, in exchange for public disclosure.
What can be patentedAn invention that is new, involves an inventive step, and is capable of industrial application.
What cannot be patentedSubject matter excluded by Sections 3 and 4 — mere discoveries, business methods, algorithms per se, and atomic-energy inventions.
Rights of a patenteeThe exclusive right to prevent others making, using, selling or importing the invention in India.

Filing a patent application

The routes, documents and concessions involved in filing.

Types of applicationOrdinary, convention, PCT national phase, divisional (Section 16) and patent of addition (Section 54).
Provisional vs completeA provisional secures a priority date; a complete specification with claims must follow within 12 months.
Forms, fees & concessionsRecognised startups and MSMEs get reduced fees (an 80% rebate) and can request expedited examination.

Foreign Filing Licence (S.39)India residents generally need an FFL (Form 25) before filing abroad, unless an Indian filing has been pending six weeks with no secrecy direction.Read full guide →

Examination & grant

From publication through to grant.

PublicationApplications are ordinarily published 18 months from the priority date; early publication can be requested.
Request for Examination (RFE)File the RFE within 31 months of priority for applications filed on/after 15 March 2024 (48 months for earlier filings).
First Examination Report (FER)The examiner raises objections; you must place the application in order for grant within the prescribed period.
Hearing & grantIf objections remain, a hearing may be held before the patent is granted and published.

Opposition & revocation

Challenging an application or a granted patent.

Pre-grant oppositionAny person may oppose a published application before grant under Section 25(1).
Post-grant oppositionAn interested person may oppose within 12 months of grant under Section 25(2).
RevocationA granted patent may be revoked on specified grounds, including before the High Court under Section 64.

Maintenance & compliance

Keeping a patent alive and compliant.

Renewal & annuitiesAnnual renewal fees are payable from the 3rd year to keep the patent in force for its full term.Read full guide →

Working statement (Form 27)Patentees and licensees file a statement of working — now once every three financial years (2024 Rules).
RestorationA lapsed patent may be restored by application within 18 months of lapse under Section 60.
Deadline alert: Missing an annuity payment or the RFE window can cause a patent or application to lapse. Track every deadline from the priority/filing date.

International patenting

Protecting an Indian invention abroad — and vice versa.

PCT national phaseA PCT application can enter the Indian national phase within 31 months of the priority date.
Paris ConventionA convention application can claim priority from a first filing in a Convention country within 12 months.

Foreign Filing LicenceClear the Section 39 position before filing abroad where an India-resident inventor is involved.Read full guide →

Special topics

Areas that frequently raise questions.

Software & CRIComputer-related inventions are assessed under the CRI guidelines; software “per se” faces Section 3(k) hurdles.
Pharma & Section 3(d)New forms of known substances are not patentable unless they show enhanced efficacy — the Novartis principle.
Compulsory licensingAfter three years from grant, a compulsory licence may be sought under Section 84 on grounds such as affordability.

Changes & recordals

Keeping ownership and details up to date.

Assignment & recordalsRecord transfers of ownership with the Patent Office to keep the register accurate and rights enforceable.
Change of name / addressKeep applicant details and the address for service current so deadlines and notices reach you.

Frequently asked questions

How long does a patent last in India?

20 years from the date of filing, provided annual renewal fees are paid from the third year onwards.

When must I request examination?

Within 31 months of the priority date for applications filed on or after 15 March 2024 (48 months for earlier applications). Without a timely RFE, the application is treated as withdrawn.

Do startups get any benefit?

Yes — recognised startups and MSMEs receive reduced official fees (an 80% rebate) and can request expedited examination.

Can I file my patent abroad first?

Only with a Foreign Filing Licence, or after first filing in India and waiting six weeks with no secrecy direction (Section 39).

In-depth articles

Patent Renewals in IndiaForeign Filing Licence (FFL)Patent vs Trademark vs Copyright

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