Filing Patent Application in India

Patent Filing Forms And Fees

It is necessary for an applicant to file a national phase application in each designated country, where protection is sought for, within the time prescribed under PCT, i.e., within 30/31 months from the priority date. However, this time limit may be increased through National Laws by each member Country. Indian Patent Law provides a time limit of 31 months from the earliest priority date.

Patent Filing in India: Comprehensive Guide for Startups, MSMEs, and International Applicants

Securing a patent is a critical step in protecting innovative ideas and establishing a competitive edge. In India, patent filing is governed by the Patents Act, 1970, which outlines the process, requirements, and fees for inventors, assignees, and legal representatives. This guide provides a clear roadmap for domestic and foreign applicants seeking to safeguard their inventions.

Who Can Apply for a Patent in India?

Patent applications in India can be filed by:

The true and first inventor of the invention.
The assignee of the inventor.
The legal representative of a deceased inventor or assignee.

Applications may be filed individually or jointly. For foreign applicants, filing can be done through the office of a registered patent attorney in India. Applications must be submitted to the Indian Patent Office or its branches based on the applicant’s residence, domicile, or principal place of business.

In the case of a foreign applicant, the application can be filed at the appropriate office, in whose jurisdiction the address for service or their patent attorney’s office is situated.

Every application for a patent shall be made for one invention only or a group of inventions which are linked to each other by a single inventive concept.

Types of Patent Applications

1. Ordinary Patent Application

An ordinary application is the first patent application filed for an invention without claiming priority from any earlier application. It can be either:

Provisional Application – Secures a priority date for the invention, allowing the applicant time to file a complete specification within 12 months.
Non-Provisional (Complete) Application – Includes full technical details and claims defining the scope of the invention.

Provisional Application Requirements:

Filed using Form 1 and Form 2.
Must include:
- Title of the invention
- Names, addresses, and nationalities of applicants
- Preamble to the description
- Description of the invention
- Drawings, if required
Claims are optional; the primary purpose is to secure a filing date.
Provisional Specification cannot be filed in case of a Divisional, Convention or a PCT National Phase Application. In such cases, filing a Complete Specification is a mandatory requirement.
Complete specification must be filed within 12 months, failing which the application is deemed abandoned. Failure to comply with this requirement, the application shall be deemed to be abandoned as per Section 9(1) of the Indian Patents Act, 1970.

Non-Provisional (Complete) Application Requirements:

The complete specification should:
Fully and particularly describe detailed description of the invention and its operation or use.

Disclosure of the best-known method of performing the invention.
Claims defining the scope of protection.
Abstract summarizing the invention.
End with a claim or claims defining the scope of the invention for which protection is claimed;
If biological material is involved, deposit with an International Depository Authority (IDA) under the Budapest Treaty may be required.
Compliance with unity of invention (all claims must relate to a single inventive concept).
Submission of Forms 3, 26 (if filing through a patent agent), and 28 (for small entities).
Unity of invention- Section 10(5) of the Indian Patents Act, 1970 states that the claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.

Along with the application for grant of patent and specification, the applicant is required to submit the documents.

What are the Documents required for filing a Patent Application in India?

Declaration as to inventorship
Statement and undertaking
Proof of right to make an application
The authorization of an agent – Power of authority in Form 26 is required if the patent application is filed through a Patent Agent. In case a general power of authority has already been filed in another application, a self attested copy of the same may be filed by the Agent. In case the original general power of authority has been filed in another jurisdiction, that fact may also be mentioned in the self attested copy.
An applicant must file Form 3 either along with the application or within 6 months from the date of application.
If the applicant is a small entity, he needs to submit Form 28 along with proof of small entity status at every stage where the fee applicable for a small entity is claimed

Forms

Forms	Description
Form 1	Application for grant of patent
Form 2	Provisional/Complete Specification
Form 3	Statement and undertaking u/s 8
Form 5	Declaration as to inventorship
Form 26	Form for authorization of a patent agent/or any person in a matter or proceeding under the act
Form 18	Request for Examination
Form 9	Request for publication (if express publication is desired)
Form 28	To be submitted by a small entity

2. Convention Application

A convention application claims priority based on an earlier patent application filed in a member country of the Paris Convention. To qualify, the application must be filed in India within 12 months from the first filing date abroad. The priority date of the Indian application matches the filing date of the foreign application.

3. PCT National Phase Application

The Patent Cooperation Treaty (PCT) simplifies international patent protection by allowing inventors to file a single application for multiple countries. The process involves:

International Phase – Preliminary filing and search conducted under PCT procedures.
National Phase – Filing in specific countries where protection is sought.

In India, the national phase must be entered within 31 months from the earliest priority date.

Documents Required for Filing a Patent in India

Declaration of inventorship
Statement and undertaking
Proof of right to apply
Authorization of a patent agent (if applicable)

Fees for Patent Filing in India

Patent Filing Official Fees

For Application Filing Fees :

(up to 30 pages/10 claims): ₹1,600 (Individuals/Small/Startups) | ₹8,000 (Large Entity)

Sequence Listings: Separate fees might apply for biological sequences.
Applicability: These fees are mandatory and are calculated based on the total number of pages and claims in the final application.

Additional Fees for Extra Pages and Claims:

Key Official Fees for Excess Pages /Claims (INR)

Extra Pages (per page over 30 pages ): ₹160 (Individuals/Small/Startups) | ₹800 (Large Entity)
Extra Claims (per claim over 10): ₹320 (Individuals/Small/Startups) | ₹1,600 (Large Entity)

Official Fees for Extra Sheets (beyond 30 sheets):

Natural Person / Startup: INR 160 per sheet
Small Entity: INR 140 per sheet
Other Entities: INR 800 per sheet

Note: Fees are subject to updates by the Indian Patent Office and should be verified at the time of filing.

Key Takeaways

Patents can be filed provisionally or completely, based on strategic considerations.
International applicants can file through a registered Indian patent attorney.
Filing deadlines are strict—no extensions for provisional to complete specification conversion.
India provides options for ordinary, convention, and PCT-based patent filings, offering flexibility for both domestic and international innovators.

By following the statutory guidelines and filing requirements under the Indian Patents Act, 1970, startups, MSMEs, and global clients can secure robust intellectual property protection, opening pathways for commercialization, licensing, and international expansion.

For more information on patent filing, Patent registration and patent grant in India write to us at info@ssrana.com

For more information on Patent application filing in India please write to us at: info@ssrana.com