In the knowledge economy, ideas are currency. A patent is not just a certificate; it is the most powerful legal instrument available to protect technological innovation. Under the Patents Act, 1970, a granted patent gives you the **exclusive right** to prevent others from making, using, offering for sale, selling, or importing your invention in India.
Without a patent, your competitors can reverse-engineer your product and sell it at a lower price, as they haven't incurred your R&D costs. A patent levels the playing field and creates a "Legal Monopoly" for 20 years, allowing you to recover your investment and profit from your hard work.
"A patent does not just protect a product; it creates a market barrier. It turns your technical advantage into a commercial fortress."
We believe in transparency. The cost of patenting includes **Government Fees** (paid to the IPO) and **Professional Fees** (for drafting and legal work). Startups and MSMEs get a massive **80% discount** on Govt fees.
| Step / Form | Individuals / Startups / MSMEs | Large Entities (Companies) |
|---|---|---|
| 1. Filing Application (Form 1) | ₹1,600 | ₹8,000 |
| 2. Early Publication (Form 9 - Optional) | ₹2,500 | ₹12,500 |
| 3. Request for Examination (Form 18) | ₹4,000 | ₹20,000 |
| Expedited Examination (Form 18A) | ₹8,000 | N/A (Generally) |
* Fees are subject to change by the Indian Patent Office. Professional drafting fees are separate.
Not every idea can be patented. To qualify for a patent in India, your invention must meet the strict "N.I.U" test:
The invention must not have been published or used anywhere in the world before the filing date. Even your own blog post or exhibition can destroy novelty!
Also known as "Non-Obviousness". The invention must involve a technical advancement that isn't obvious to a person skilled in that field.
The invention must be capable of being made or used in an industry. Abstract theories or mere artistic creations do not qualify.
Patent prosecution is a marathon, not a sprint. It involves strategic drafting and rigorous examination. Here is the standard roadmap:
Before spending money on filing, we conduct a global database search (USPTO, EPO, WIPO, Indian Patent Office) to ensure your idea is truly unique. This saves you from rejection later. A detailed "Patentability Opinion" helps refine your invention's scope.
The most critical step. "Patent Drafting" is an art. We write the *Specification*, describing the invention, and the *Claims*, which define the legal boundaries. We file either a Provisional or Complete Specification along with Form 1 (Application) and Form 5 (Declaration of Inventorship).
The patent is published in the Official Journal after 18 months automatically. However, you can request an "Early Publication" using Form 9 to get it published within ~1 month. This is essential for asserting rights early.
A Patent Examiner reviews the application. They issue a "First Examination Report" (FER) listing objections (usually regarding novelty or clarity). We must file a technical and legal response to these objections within 6 months.
If the Controller is satisfied with our response (and after a hearing if needed), the patent is granted. The certificate is issued, giving you exclusive rights for 20 years from the filing date.
Understanding the difference is key to a cost-effective IP strategy.
Standard patent grants can take 3-5 years. However, the Indian Patent Office allows **Expedited Examination (Form 18A)** for specific categories, reducing the grant time to as little as **1 year**.
Who qualifies?
Registered Startups (DPIIT recognized) and MSMEs (Udyam) are eligible for fast-tracking.
If at least one of the applicants is a female (natural person), provided she is major.
If you want to protect your invention in USA, Europe, or China, an Indian patent is not enough. You can use the **Patent Cooperation Treaty (PCT)** to file a single international application.
Filing a PCT application gives you 30 or 31 months (from priority date) to decide which specific countries you want to enter. This buys you time to test the market and find investors before paying expensive foreign filing fees.
You receive an ISR (International Search Report) which tells you the likelihood of your patent being granted in other countries. This is valuable intelligence.
A patent is an asset. Once filed/granted, you can monetize it in multiple ways:
You allow other companies to manufacture your product in exchange for a recurring royalty fee (e.g., 5% of sales). You retain ownership.
You sell the patent rights entirely to a larger company for a lump sum payment. This is a common exit for inventors who do not want to manufacture the product themselves.
"Excellent patent drafting! Their technical team understood my mechanical invention perfectly. We got the Expedited Examination status approved in 2 weeks."
Dr. Ramesh Gupta
Inventor, Pune
"We filed a Provisional Application for our IoT device. The guidance on 'Novelty' was crucial. Very professional and cost-effective for startups."
InnovateTech Labs
Startup, Hyderabad
The government fee for filing an online patent application (Form 1) is ₹1,600 for Individuals, Startups, and MSMEs, and ₹8,000 for Large Entities. Professional fees for drafting and prosecution are additional. Startups and MSMEs enjoy an 80% rebate on government fees.
Yes, you can file a patent for an idea as long as you can describe it in sufficient detail (enablement) so that a person skilled in the field can make it. You do typically need a physical prototype at the time of filing, but detailed drawings and a theoretical working model are essential.
The normal route takes 3-5 years from filing to grant. However, by using 'Expedited Examination' (Form 18A), Startups, MSMEs, and female applicants can often obtain a patent grant in as little as 12-18 months.
Computer programs *per se* are not patentable under Section 3(k). However, if the software has a 'technical effect' or is used in conjunction with novel hardware to solve a tangible technical problem, it may be patentable. Expert drafting is crucial here.
A Provisional Application is a cheaper, preliminary filing to secure a 'Priority Date'. You get 12 months to refine your invention and file the Complete Specification (final document). If you miss the 12-month deadline, your application is abandoned.
No, patents are territorial. An Indian patent protects you only in India. To protect globally, you can file a PCT (Patent Cooperation Treaty) application within 12 months, giving you access to 150+ countries.
Public disclosure (publishing, selling, or exhibiting) before filing destroys 'Novelty', making your invention non-patentable. Always file a Provisional Application *before* any public disclosure or marketing.
The true and first inventor, their assignee (company), or legal representative. If you are an employee, your employment contract usually claims the patent rights for the employer.
Renewal fees are payable annually from the 3rd year onwards to keep the patent alive for the full 20-year term. If fees are not paid, the patent lapses.
Yes, a patent is intellectual property that can be sold (Assigned) for a lump sum or Licensed (rented) in exchange for Royalties. Assignment requires filing Form 16.
Our team includes specialized patent agents (Engineers & PhDs) who understand your complex technology, not just the law.
We draft claims that are broad enough to prevent workarounds but specific enough to be granted. We aim for "litigation-grade" patents.
Patent costs can spiral. We offer fixed-fee packages for drafting and filing, so you can budget your R&D effectively.
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