Patent Drafting & Filing in India, Fully Managed by Experts
End-to-end patent drafting and filing with the Indian Patent Office — prior-art search, specification drafting, provisional or complete filing, publication, examination and grant follow-up. 100% online, drafted by qualified professionals with a fixed quote upfront.
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What Is Patent Drafting & Filing?
A quick, plain-language explanation before the details.
A patent gives you the exclusive right to make, use, sell or license your invention in India for a limited period, in exchange for publicly disclosing how it works.
Under the Patents Act, 1970, a patent may be granted for an invention — a new product or process involving an inventive step and capable of industrial application — that is not excluded under Sections 3 and 4. The right is territorial and lasts 20 years from the date of filing.
Administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) through the Indian Patent Office, via the e-filing portal at ipindia.gov.in.
A granted patent is valid for 20 years from the date of filing, subject to payment of annual renewal (annuity) fees to keep it in force.
Quick Facts
Is This Service Right for You?
Ideal for
- Inventors and startups with a new product or process
- Companies building a defensible technology portfolio
- R&D teams and research institutions
- Founders seeking early priority via a provisional filing
- Manufacturers with a novel design of a mechanism or method
- Businesses licensing or commercialising an invention
You may need this if
- You have invented something new, useful and non-obvious
- You want an early priority date before public disclosure
- You plan to raise funds or license your technology
- You need to stop others from copying your invention
- You are about to publish, demo or launch the invention
- You want to convert a provisional into a complete specification
Not sure if you need this?
Talk to an Expert →Why File a Patent?
A patent turns an invention into a protected, enforceable business asset. Here is why inventors and companies file.
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01
Exclusive Rights
A granted patent gives you the exclusive right to make, use, sell and license your invention in India — and to stop others from doing so without permission.
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02
Early Priority Date
Filing a provisional specification secures an early priority date, protecting you against later filings while you finalise the complete specification.
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03
Business Asset
A patent is an intangible asset that can be licensed, assigned, mortgaged or sold — and adds real value during fundraising and acquisition.
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04
Licensing & Revenue
You can license or assign your patent to earn royalties, or use it to negotiate partnerships and technology-transfer deals.
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05
Legal Enforcement
A patent gives you a strong legal basis to act against infringement through injunctions, damages and account of profits.
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06
Foundation for Global Filing
An Indian filing establishes a priority date you can use to file abroad via the PCT or Convention route within the prescribed window.
Simple, Transparent Pricing
Custom quote for your case
Fees depend on your business type and scope. Get a clear, itemised quote upfront — no hidden professional charges, government fee billed at actuals.
Who Can Apply?
Eligibility checklist
- An invention that is novel — not disclosed anywhere in the world before filing
- An inventive step — not obvious to a person skilled in the field
- Capable of industrial application — useful and workable
- Not falling within the non-patentable categories under Sections 3 and 4
- The applicant is the true inventor, an assignee, or a legal representative
Everything You Need. One Professional Team.
Consultation
Understand your invention and assess whether it is likely patentable under the Patents Act.
Prior-Art Search
Search Indian and global patent databases for novelty and freedom-to-operate insight.
Specification Drafting
Draft the provisional or complete specification with claims, description and drawings.
Form Preparation
Prepare Form 1 (application), Form 2 (specification) and Form 5 (declaration of inventorship).
E-Filing
File the application on the IPO e-filing portal and secure the application number and date.
Examination Request
File the request for examination (Form 18) within the statutory period.
FER Response
Analyse the First Examination Report and file a reasoned response to objections.
Grant Follow-up
Track prosecution through to grant and hand over the certificate.
What You’ll Receive
What Documents Are Required for a Patent Filing?
Requirements depend on the applicant type and whether you are filing a provisional or complete specification. Keep clear scans (PDF) ready — everything is collected securely online.
Inventor / Applicant
For each inventor & applicant- Full name, address & nationality of every inventor
- Identity proof of the applicant
- Applicant type — individual, startup, small entity or others (affects fee)
- Startup / MSME certificate (if claiming reduced fee)
Invention Details
The technical disclosure- A clear description of the invention — how it works
- Drawings, diagrams or flowcharts (if any)
- Advantages over existing solutions
- Any prior public disclosure, publication or use
Assignment & Priority
Where applicable- Assignment / Form 1 declaration where the applicant is not the inventor
- Priority document, if claiming Convention / PCT priority
- Power of authority (Form 26) for the patent agent
- Earlier provisional application details, if filing complete
File before you disclose
File before any public disclosure — publishing, demoing or selling the invention first can destroy novelty and make it unpatentable.
Provisional buys you time
A provisional specification secures a priority date; the complete specification must be filed within 12 months, or the application is deemed abandoned.
Startup / small-entity fee
Recognised startups, small entities and natural persons pay substantially lower official fees. Keep your Startup India / MSME certificate handy.
Claims decide your scope
The claims define the legal boundary of protection. Well-drafted claims are the single most important part of a patent — we draft them carefully.
Don’t have all the documents?
We’ll identify what your case needs →How Patent Drafting & Filing Works (Step by Step)
The entire application is filed online through the Indian Patent Office e-filing portal at ipindia.gov.in.
Prior-art search
Search Indian and international patent databases to assess novelty and inventive step before you invest in filing.
Draft the specification
Prepare the provisional or complete specification with a clear description, claims, abstract and drawings.
File the application (Forms 1, 2 & 5)
File Form 1 (application), Form 2 (specification) and Form 5 (declaration of inventorship) on the IPO e-filing portal.
Publication (after 18 months)
The application is published in the official journal 18 months from filing (or priority) — early publication can be requested via Form 9.
Request examination (Form 18)
File the request for examination within the statutory period. The Controller issues a First Examination Report (FER) with objections.
Respond & grant
Respond to the FER (and any hearing) within the prescribed time. Once objections are cleared, the patent is granted and published.
How Long Does the Patent Process Take?
| Stage | Expected Time |
|---|---|
| Prior-art search + specification drafting | Depends on complexity |
| Filing acknowledgement (application number & date) | On filing |
| Publication in the official journal | 18 months from filing / priority |
| Examination, FER response & grant | Varies with IPO workload |
Statutory timelines are fixed by the Patents Act — publication at 18 months and examination only on request via Form 18. Overall grant time depends on the examination queue, the complexity of the invention and how quickly objections are resolved. Expedited examination is available in eligible cases.
Key Dates — At a Glance
| Frequency | What Is Due |
|---|---|
| Within 12 Months | File the complete specification (if provisional was filed) · Consider Convention / PCT filing to protect abroad · Request early publication (Form 9), if needed |
| Examination Stage | File request for examination (Form 18) in time · Respond to the First Examination Report (FER) · Attend a hearing if the Controller requires one |
| After Grant | Pay annual renewal (annuity) fees to keep the patent in force · Record any assignment or licence with the IPO · Mark products as patented, where appropriate |
| Ongoing | Monitor for infringement of your patent · Maintain the patent for up to 20 years from filing · File a statement of working (Form 27) as required |
Dates are indicative and may change with government notifications. Our team tracks every deadline so you never miss a filing.
Doing It Yourself vs TaxClue
Doing It Yourself
- Run a thorough prior-art search across global databases
- Draft an enforceable specification and claims
- Choose correctly between provisional and complete filing
- Prepare Forms 1, 2, 5 and file on the IPO portal
- Track statutory deadlines (12-month complete, Form 18 window)
- Draft a reasoned response to the First Examination Report
- Risk losing novelty or narrowing your protection
With TaxClue
- Professional prior-art search and patentability opinion
- Specification and claims drafted for maximum scope
- Right provisional vs complete strategy for your case
- Forms 1, 2 & 5 prepared and e-filed accurately
- All statutory deadlines tracked proactively
- Expert FER response and hearing support
- Higher chance of a clean grant
Skip the guesswork.
Let an expert handle it →Common Mistakes That Delay Your Application
TaxClue reviews your documents before filing to reduce avoidable errors.
What Compliance Applies After a Patent Filing?
Within 12 Months
- File the complete specification (if provisional was filed)
- Consider Convention / PCT filing to protect abroad
- Request early publication (Form 9), if needed
Examination Stage
- File request for examination (Form 18) in time
- Respond to the First Examination Report (FER)
- Attend a hearing if the Controller requires one
After Grant
- Pay annual renewal (annuity) fees to keep the patent in force
- Record any assignment or licence with the IPO
- Mark products as patented, where appropriate
Ongoing
- Monitor for infringement of your patent
- Maintain the patent for up to 20 years from filing
- File a statement of working (Form 27) as required
Penalties & Consequences
What is at stake if you do not comply
- Publishing, demoing or selling the invention before filing destroys novelty and makes it unpatentable
- If a complete specification is not filed within 12 months of a provisional, priority is lost and the application lapses
- If the request for examination (Form 18) is not filed within 31 months, the application is deemed withdrawn
- If the First Examination Report is not answered in the prescribed time, the application is abandoned
- If annual renewal (annuity) fees are missed, the patent ceases to be in force
Regulatory Updates 2025–26
- 2024: The Patents (Amendment) Rules 2024 reduced the Request for Examination window to 31 months and give a discount for renewal fees paid in advance for four or more years.
- 2025: A patent lasts 20 years from filing, subject to annual renewal (annuity) fees from the third year.
- 2025: Patent applications, examination responses and renewals are filed online on the IP India portal (ipindia.gov.in).
Why Businesses Choose TaxClue
IP-Focused Team
Patent drafting and prosecution handled by professionals who work on inventions every day.
End-to-End
From prior-art search to grant follow-up — fully managed, minimal effort from you.
Strong Claims
Specifications and claims drafted for the widest defensible protection.
100% Online
Everything over WhatsApp / email — no office visits required.
Transparent Fees
A clear quote upfront — official fees billed at actuals, no hidden professional charges.
Confidential
Your invention is handled under strict confidentiality throughout.
Your Documents Deserve Professional Care
- Invention details handled by professionals under strict confidentiality
- Access limited to the team working on your file
- Communication over secure digital channels
- Documents retained only as long as needed for prosecution
Frequently Asked Questions
What can be patented in India?
What is the difference between a provisional and a complete specification?
Which forms are needed to file a patent?
When is a patent application published?
Is a patent examined automatically?
How long does a patent last in India?
Why is a prior-art search important?
Can a startup or individual get a fee concession?
What is a First Examination Report (FER)?
Can I file for patent protection outside India?
What happens if I disclose my invention before filing?
Do I have to pay anything to keep a patent in force?
How do I file a patent in India and what does it cost?
How long does it take to get a patent granted in India?
Should I file a provisional or a complete specification first?
Can I patent a software invention or an app in India?
Can I file the patent myself, or do I need a patent agent?
Can I oppose someone else's patent application?
Official Sources & Legal References
Every legal detail on this page — forms, timelines and the patent term — is drawn from primary law and official government sources. Verify them directly:
- IP India — Patents e-filing portalOfficial portal to file patent applications, forms and track status
- Patents Act, 1970 — full textThe governing law for patents in India · India Code
- Patents Rules, 2003 & formsRules, fee schedule and the prescribed patent forms (1, 2, 5, 18, 26)
- InPASS — Indian patent searchOfficial database to run a prior-art search of Indian patents and applications
Related Guides
Patent Filing Timeline: Idea to Grant
Read guide ArticleProvisional vs Complete Specification
Read guide ArticleInside a Patent Specification
Read guide ArticlePatent Search Guide
Read guide ArticleExamination: RFE, FER & Hearing
Read guide ArticleWho Can Be a Patent Agent
Read guide ArticlePCT Benefits for Indian Applicants
Read guide ArticleIP Strategy for Startups
Read guidePatent Drafting & Filing Resources — All Free
Protect Your Invention — File Your Patent with Experts
Expert-managed patent drafting and filing — prior-art search, specification drafting, provisional or complete filing, examination and grant follow-up. Free consultation, custom quote, zero hidden charges.