IP Guide · India

Filing Patent in India

Patent filing in India: provisional and complete specifications, examination, grant, and PCT national phase. Registered patent agents at DuxLegis.

Types of patent applications in India

Indian patent filing may begin with a provisional application securing a priority date for twelve months, followed by a complete specification with claims. Applicants may also file a complete specification directly or enter national phase from a PCT application.

DuxLegis registered patent agents draft specifications aligned to Indian Patent Office practice and your commercial enforcement goals.

Filing through examination and grant

After filing Form 1 and the specification, applications publish at eighteen months unless early publication is requested. Examination is requested on Form 18 or expedited Form 18A where eligible. The Controller issues examination reports; responses and hearings lead to grant subject to opposition windows.

Patent term is twenty years from filing subject to annual renewal fees after grant.

When to file and who may represent you

File before public disclosure to avoid loss of novelty. Only applicants, registered patent agents, or entitled advocates may prosecute before the Indian Patent Office.

DuxLegis serves clients across India through its offices and representative network in Mumbai, Navi Mumbai, Pune, Nagpur, Nashik, Aurangabad, Delhi, Ahmedabad, Indore, Chandigarh, Bengaluru, Hyderabad, Chennai, Kolkata, Visakhapatnam, Ernakulam, Thiruvananthapuram, and Valsad.

Frequently asked questions

What is the difference between provisional and complete patent filing?

A provisional secures a priority date for twelve months; a complete specification with claims must follow before expiry to pursue grant.

How long does patent grant take in India?

Typically three to five years depending on examination backlog and objections; expedited routes may be available.

Can foreign companies file patents in India?

Yes. Foreign applicants need a registered Indian patent agent or address for service in India.

Explore DuxLegis intellectual property services or speak with an intellectual property lawyer for guidance on your matter.