Loading content...
Patent protection in India is governed by the [Patents Act 1970](https://ipindia.gov.in/patents.htm) (as amended through the Patents (Amendment) Act 2005 - product patents in pharma/agro-chemicals; and the Patents (Amendment) Rules 2024) and the Patents Rules 2003. The Patent Office has four branches - Mumbai (HQ), Chennai, Kolkata, Delhi - with the Appellate Board (IPAB) abolished by the [Tribunal Reforms Act 2021](https://egazette.gov.in/); appeals now lie directly to the High Court (IP Division at Delhi HC since 21 July 2021; Madras HC since 11 October 2021). Patent term is 20 years from the date of filing of the complete specification (Section 53). The Section 9(1) route permits filing a provisional specification (priority date secured) followed by a complete specification within 12 months (extendable by 1 month under Rule 9(1)). Examination is on request (Form 18 within 48 months of priority) or expedited (Form 18A - startup/MSME/eligible applicant under Rule 9B). International filings are via the [PCT](https://www.wipo.int/pct/en/) (effective in India from 7 December 1998). Pre-grant opposition is under Section 25(1) (any person); post-grant opposition under Section 25(2) (within 12 months of grant, by interested person). I-Pro Solutions' patent practice is led by registered Patent Agents (under Section 126 of the Patents Act) and IP-experienced attorneys. We handle the full lifecycle - novelty search, provisional filing, complete specification drafting, prosecution, opposition, revocation, and PCT national-phase entry.
Need help choosing?
⚡ Response within 15 mins
Our specialists & registered CAs will scope the right service and government fees for your business.
Understand key differences between filing classes, applicant types, and statutory protections before choosing your service.
Under the standard examination route (Form 18), patent registration in India typically takes 3-5 years from filing of the complete specification: Filing → Publication at 18 months (Section 11A) → Request for examination within 48 months (Form 18) → First Examination Report (FER) typically 6-24 months after request → Reply to FER within 6 months (extendable by 3 months under Rule 138) → Hearing if needed → Grant. Expedited examination under Form 18A (eligible: startups, MSMEs, government departments, female applicants, etc.) reduces this to 12-24 months.
Under Section 9 of the Patents Act 1970, a provisional specification (Form 1 + provisional) secures a priority date for an invention that is not yet fully developed - it requires only a title, abstract, and broad description of the invention. The complete specification (Form 1 + Form 2) must be filed within 12 months (extendable by 1 month under Rule 9(1)) - it requires full technical disclosure including best mode, drawings, claims, and abstract. Only the complete specification is examined and grants.
Government fees under the Patents (Amendment) Rules 2016 (as amended) for natural persons/startups: Form 1 filing ₹1,600; Form 2 (per sheet, >30 sheets) ₹320/sheet; Form 9 publication ₹2,500; Form 18 request for examination ₹4,000; Form 18A expedited ₹8,000. For small entities, double these fees; for others (large entities), four times. Professional fees range from ₹15,000 to ₹1,50,000 depending on complexity. PCT national-phase entry adds ₹4,000-₹8,000 government fee.
Software per se is excluded from patentability under Section 3(k) of the Patents Act 1970 - 'a mathematical or business method or a computer programme per se or algorithms' are not patentable. However, a software-based invention that demonstrates a technical effect or technical contribution - e.g. an embedded system, an improved hardware-control method, or a software-hardware combination solving a technical problem - may be patentable. The CRI Guidelines 2017 (revised) and the Delhi HC Ferid Allani decision (2020) have clarified the technical-effect test.
Under Section 25(1) of the Patents Act 1970, pre-grant opposition can be filed by 'any person' at any time after publication of the application (18 months from priority) but before grant of the patent. Under Section 25(2), post-grant opposition can be filed by an 'interested person' within 12 months from the date of grant. Pre-grant is filed with the Patent Controller; post-grant is filed with the Opposition Board constituted by the Controller.