How To · Intellectual Property · Patents
How to File a Patent Application in India
A patent in India is granted by the Indian Patent Office under the Patents Act 1970 and the Patent Rules 2003, and almost the entire process is now done online through the IP India e-filing system at ipindiaonline.gov.in. Filing is not a single step: you file an application with a specification, you choose a provisional or complete specification, you may claim priority, and crucially you must separately request examination, because the office does not examine a patent unless you ask it to within the time limit. Getting the forms, the timing and the fee category right is what keeps an application alive. This page explains who can file, the key forms and the fee categories, the difference between a provisional and a complete specification, how to file online, the publication and examination steps, and what happens, including the High Court route, if the application is refused. This is general guidance, not legal advice; a patent agent or attorney should draft the claims. Last verified October 2026.
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01Who can file and what you need
A patent application can be filed by the true and first inventor, their assignee (for example the company that employs the inventor), or a legal representative. Before you file, you need:
- A clear description of the invention, with drawings, that explains how it works and what is new.
- The inventor and applicant details.
- Where the invention was first filed abroad, the priority details.
- Your fee category, which decides the fee: a natural person, startup or small entity pays less than a large entity.
The four patent offices are at Delhi, Mumbai, Chennai and Kolkata, and your appropriate office depends on the applicant's address or place of business.
02Provisional vs complete specification
You can file in two ways, and the choice affects your date and your deadline:
- Provisional specification: filed when the invention is not fully developed, it secures an early priority date. You must file the complete specification within 12 months, or the application lapses.
- Complete specification: filed when the invention is fully worked out, with full description and claims; no separate provisional is needed.
A provisional buys time to refine the invention while locking in priority, but the 12-month deadline for the complete specification is hard, so diary it.
03The key forms
| Form | Purpose | When |
|---|---|---|
| Form 1 | Application for grant of patent | At filing |
| Form 2 | Provisional or complete specification | At filing (complete within 12 months if provisional first) |
| Form 3 | Statement and undertaking on foreign applications | At filing and updated as foreign filings happen |
| Form 5 | Declaration as to inventorship | With the complete specification |
| Form 18 | Request for examination | Within the prescribed time from priority or filing |
| Form 26 | Power of attorney (if filed through a patent agent) | Where an agent is appointed |
| Form 9 | Request for early publication (optional) | If you want to publish before 18 months |
04File online on IP India
- Step 1. Register on the IP India comprehensive e-filing portal at ipindiaonline.gov.in and get a digital signature.
- Step 2. Prepare Form 1, Form 2 (specification), Form 3 and Form 5, and Form 26 if an agent is filing.
- Step 3. Upload the forms and the specification with drawings, select your fee category, and pay the fee online.
- Step 4. Submit and note the application number and filing date, which fix your priority.
- Step 5. File Form 18, the request for examination, within the time allowed, because without it the application is never examined and is treated as withdrawn.
The claims are the heart of a patent and should be drafted by a registered patent agent or attorney. A weak specification cannot be widened later, so get the drafting right before filing.
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05Publication and request for examination
After filing, two things happen:
- Publication: the application is published in the official journal, normally after 18 months from the priority date, or earlier if you file Form 9 for early publication.
- Examination: only on a Form 18 request. An examiner studies the application and issues a First Examination Report (FER) listing objections on novelty, inventive step, patentable subject matter and formalities.
Responding to the FER is a critical, time-bound step in itself; see the related IP procedure explainer for how deadlines run in IP matters. The FER response is covered on its own page.
06Objections, grant and refusal
After you answer the FER (and any hearing), the Controller either grants the patent or refuses it. Even around grant, third parties can challenge the application:
- Pre-grant opposition: anyone can oppose before grant on specified grounds.
- Post-grant opposition: an interested person can oppose within the period after grant.
- Grant: once granted, the patent is published and is valid for 20 years from the filing date, subject to renewal fees.
A refusal or an adverse opposition order is not the end; it can be carried further.
07If refused: appeal and the High Court
The Intellectual Property Appellate Board (IPAB) was abolished by the Tribunals Reforms Act 2021, so appeals from the Controller's decisions and challenges to patent orders now go to the High Court, several of which have set up dedicated Intellectual Property Divisions (for example the Delhi High Court and the Madras High Court):
- An appeal against the refusal of a patent lies to the High Court.
- Writ jurisdiction of the High Court is also available against certain orders.
- Revocation and infringement proceedings are heard by the High Court or civil courts as the law provides.
Confirm the current appellate provision and the forum for your matter, since the post-IPAB framework is still settling. For the background, see IP rectification and the courts.
08Track an IP dispute with Claw
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
If your patent is refused and you appeal to the High Court, or the patent is later opposed, revoked or infringed, that is a live legal matter, and you can create a FREE Claw account to track it across the court that hears it, including the Intellectual Property Divisions of the High Courts. Claw covers 9,102 courts, benches and forums, returns results in under 5 seconds, and its judgment search spans 30 crore+ judgments (Supreme Court from 1950 and High Courts from 1990), so your patent attorney can see how similar patent refusals, oppositions and infringement suits were decided. Claw does not train its AI models on your documents. A clean search result only means nothing was found on the forums and date searched, and this is general information, not legal advice.
To see how similar matters were decided, run a case search across Indian courts. Innovators in regulated sectors can use the same engine, see litigation search for hospitals and healthcare providers.
09Sources and further reading
- Office of the CGPDTM (IP India): ipindia.gov.in
- IP India e-filing: ipindiaonline.gov.in
- Delhi High Court (IP Division): delhihighcourt.nic.in
- eCourts (case status): ecourts.gov.in
- Claw: clawlaw.in
This page is general information for an Indian audience, not legal advice. Confirm current forms, fees and time limits on the official IP India portal and have the claims drafted by a registered patent agent or attorney.
10Frequently asked questions
Who can file a patent application in India?
The true and first inventor, their assignee such as the employer company, or a legal representative can file. You need a clear description of the invention with drawings, inventor and applicant details, any foreign priority details, and your fee category, since a natural person, startup or small entity pays less than a large entity.
What is the difference between a provisional and a complete specification?
A provisional specification is filed when the invention is not fully developed and secures an early priority date, but you must file the complete specification within 12 months or the application lapses. A complete specification is filed when the invention is fully worked out, with full description and claims, and needs no separate provisional.
Do I have to ask for examination separately?
Yes. The patent office does not examine an application unless you file Form 18, the request for examination, within the prescribed time from the priority or filing date. If you miss it, the application is treated as withdrawn, so this is one of the most important deadlines to diary.
How long does a patent last?
A granted patent is valid for 20 years from the date of filing, subject to payment of renewal fees. It is published on grant, and third parties can challenge it through pre-grant opposition before grant and post-grant opposition within the period after grant.
What happens if my patent is refused?
You can appeal. Since the IPAB was abolished by the Tribunals Reforms Act 2021, appeals from the Controller and challenges to patent orders now go to the High Court, several of which have dedicated Intellectual Property Divisions. Revocation and infringement are also heard by the High Court or civil courts.
Can I track a patent dispute online?
Yes. Once a refusal, opposition, revocation or infringement reaches the High Court, you can create a free Claw account and track it across the court that hears it, including the IP Divisions, and your attorney can search how similar patent matters were decided.