Filing a patent in India protects your invention from unauthorised making, using, or selling. This guide walks through the practical steps founders, R&D teams, and foreign applicants follow in 2026 under the Patents Act, 1970 and Patents Rules.
Step 1: Invention disclosure and prior-art search
Document the problem, solution, and advantages. Conduct patentability and freedom-to-operate searches before public disclosure. DuxLegis serves clients across Mumbai, Navi Mumbai, Pune, Bengaluru, and internationally.
Step 2: Choose provisional or complete specification
A provisional application (Form 1 + provisional specification) secures a priority date for 12 months. A complete specification with claims must follow before expiry. Startups often file provisional before demos or fundraising.
Step 3: Filing at the Indian Patent Office
File online with fees based on applicant type (natural person, startup, small entity, or large entity). Include abstract, drawings, and enablement sufficient for a skilled person to practise the invention.
Step 4: Publication and examination
Applications publish after 18 months unless early publication is requested. Request examination (Form 18) or expedited examination (Form 18A) where eligible. Respond to First Examination Reports within prescribed deadlines.
Step 5: Grant, opposition, and maintenance
After acceptance, the patent grants subject to pre-grant or post-grant opposition. Pay renewal fees and file statements of working as required.
Need help? Explore our patent services or request a consultation.