Patent Filing in India: Forms, Fees and Deadlines
A plain-English walk through patent filing in India: which forms to file, what the fees are, and which deadlines can cost you the application if you miss them.
How-to · Patents · Last verified October 2026
Most patent problems in India do not start with the invention. They start with a missed form or a missed date. File Form 3 late, skip the request for examination, or answer an examination report one day past the limit, and the application can be refused or treated as abandoned. This guide is a how-to. It lists the forms in the order you will meet them, the official fees by applicant type, and the deadline chain from filing to grant. Last verified October 2026 against the IP India fee and forms schedules. Fees and rules change, so check the current schedule before you pay.
- Core forms: Form 1 (application), Form 2 (specification), Form 3 (foreign filings), Form 5 (inventorship).
- Form 1 fee (e-filing): Rs 1,600 natural person or startup, Rs 4,000 small entity, Rs 8,000 other.
- Key dates: publication at 18 months; request for examination (Form 18) within 31 months for applications filed on or after 15 March 2024.
- Examination report: reply within 6 months of the FER, extendable by 3 months if you ask in time.
- Last verified: October 2026. Confirm on ipindia.gov.in before you pay.
01Before you file
A patent application in India is filed with the Controller of Patents through the Indian Patent Office (IP India), mostly online. Three checks come first.
- Is it patentable? The invention must be new, involve an inventive step, and be capable of industrial application. Section 3 of the Patents Act, 1970 lists things that are not inventions, such as a mere discovery or a mathematical method.
- Who is the applicant? Your category sets the fee: natural person (also startups), small entity, or other (large entity).
- Provisional or complete? A provisional specification fixes your filing date early. You then have twelve months to file the complete specification.
Do a prior-art search before you spend on fees. An application that is already anticipated will draw an objection at examination.
Last verified October 2026
Fees, form numbers and timelines in this guide were checked against the IP India Patents Rules schedules (as amended in 2024). Where a figure could not be confirmed against the primary source, we describe it in general terms. Always confirm on ipindia.gov.in before you file.
02The core forms: 1, 2, 3 and 5
Four forms make up almost every first filing. Know what each one does.
| Form | What it is | When you file it |
|---|---|---|
| Form 1 | Application for grant of patent. Names the applicant and inventors, and the title. | On day one, with the specification. |
| Form 2 | The specification, either provisional or complete. It describes the invention and, in the complete version, the claims. | On day one. A provisional must be followed by a complete specification within 12 months. |
| Form 3 | Statement and undertaking about foreign applications for the same or substantially the same invention (Section 8). | With the application or within the period the Rules allow after filing, and again when the Controller asks for updates. |
| Form 5 | Declaration as to inventorship. Required when you file a complete specification, or a convention or PCT national phase application. | With the complete specification, or within the period the Rules allow. |
Other forms you will often meet: Form 9 (request for publication, including early publication), Form 18 (request for examination), Form 26 (authorisation of a patent agent) and Form 4 (request for extension of time).
Form 3 deserves extra care. Section 8 duties continue after filing, so you must keep the Controller informed of foreign filings on the same invention. A weak Form 3 trail is a common ground of challenge later, including in revocation and opposition.
03Official fees
The Patents Rules, 2003 (as amended in 2024) set three fee columns. Fees below are for e-filing. Paper filing costs more.
| Item | Natural person / startup | Small entity | Other (large entity) |
|---|---|---|---|
| Form 1, application (e-filing) | Rs 1,600 | Rs 4,000 | Rs 8,000 |
| Form 18, request for examination | Lower rate for natural persons and small entities | Lower rate for natural persons and small entities | Highest rate |
| Form 9, request for early publication | Set in the First Schedule | Set in the First Schedule | Set in the First Schedule |
The Form 1 amounts above are Rs 1,600, Rs 4,000 and Rs 8,000 respectively. Startups and educational institutions have their own concessions, so check which column applies to you. Fees are government fees only. They are separate from the professional fee of a patent agent.
Renewal (annual maintenance) fees are also payable each year from the third year after the filing date, and they rise over time. See the First Schedule for the year-by-year table.
Tip: pay by the correct entity category. Claiming a lower category you do not qualify for can invalidate the fee payment and later the grant.
04The filing-to-grant deadline chain
This is the part that costs applicants their patents. The chain below is for a standard application filed in India on or after 15 March 2024.
| Step | Deadline | Form |
|---|---|---|
| Provisional to complete specification | 12 months from the provisional filing date | Form 2 (complete) |
| Publication | Automatically at 18 months from the earliest priority date. Early publication on request. | Form 9 for early publication |
| Request for examination | 31 months from the earliest priority date or filing date, for applications filed on or after 15 March 2024. Earlier filings kept the 48 month limit. | Form 18 |
| Reply to the First Examination Report (FER) | 6 months from the date the FER is issued, extendable by up to 3 months if you apply in time. | Reply, with Form 4 for extension |
| Putting the application in order for grant | Within the period fixed by the Rules from the date of the FER. Missing it can lead to the application being treated as abandoned. | Amended documents and hearing replies |
Two points to remember. First, the request for examination is not automatic. If you do not file Form 18 in time, the application is treated as withdrawn. Second, extensions under Rule 138 must be asked for before the original period ends. A late request does not rescue you.
In Indian patent practice, the deadline you miss is rarely the one you were watching. It is the quiet one after publication.
05Step by step: how to file a patent in India
- Search and decide. Check prior art and the Section 3 exclusions.
- Prepare the specification (Form 2). Write the title, field, background, summary, detailed description and, for a complete specification, the claims and abstract.
- File Form 1 online. Create a user on the IP India e-filing portal, attach Form 1 and Form 2, and add Form 3 and Form 5 as required. Include Form 26 if an agent files for you.
- Pay the fee in the correct applicant category and keep the receipt.
- Wait for publication. Publication is at 18 months unless you ask for early publication with Form 9.
- File Form 18. Do this within the time allowed. Expedited examination is available to some applicants, such as startups, on request.
- Respond to the FER. Answer each objection, amend claims if needed, and attend any hearing.
- Grant and renewal. After grant, pay renewal fees on time to keep the patent alive.
If you also plan to file abroad, the Patent Cooperation Treaty route through WIPO lets you start many countries from one application. See wipo.int. India has its own national phase rules, so check them separately.
06Common mistakes
- Missing the Form 18 date. It is a firm limit, not a reminder.
- Filing the wrong fee category. It causes fee deficiency and later trouble.
- Weak Form 3 updates. Section 8 non-disclosure is a classic ground to attack a patent.
- Treating FER dates as flexible. The extension must be requested before the deadline, not after.
- Forgetting renewals. A granted patent lapses if renewal fees are not paid.
Once the patent is granted, disputes move to the courts. For how that side works, see our guide on running IP litigation and registry tracking in one workflow. If the risk you worry about is copycats, see brand protection and anti-counterfeiting in India.
07Where Claw fits
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.
Once a patent is granted, the fight moves from the registry to the courts. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, holds 30 crore+ judgments, covers Supreme Court records from 1950 and High Court records from 1990, and returns results in under 5 seconds. Claw does not use customer documents to train AI models.
Create a FREE Claw account to follow infringement suits and court orders on your patent once it is granted, and to run case search across Indian courts.
08Sources and further reading
Primary sources used. Last verified October 2026.
- IP India, Patents Rules schedules and forms: ipindia.gov.in
- IP India fee schedule (First Schedule): Schedule 1 PDF
- IP India list of forms (Second Schedule): Schedule 2 PDF
- IP India online filing: ipindiaonline.gov.in
- WIPO (PCT): wipo.int
- Claw: clawlaw.in
This guide is general information, not legal advice. Rules are amended often, so confirm each date and fee with IP India or a registered patent agent.
09Frequently asked questions
How do I file a patent in India?
File Form 1 with a Form 2 specification (provisional or complete) on the IP India e-filing portal, add Form 3 and Form 5 as required, and pay the fee in your applicant category. Then file the request for examination and respond to the examination report within the time allowed.
What is the patent filing fee in India?
For Form 1 e-filing, the official fee is Rs 1,600 for a natural person or startup, Rs 4,000 for a small entity and Rs 8,000 for others. Other forms such as Form 18 have separate fees. Check the First Schedule on ipindia.gov.in for current amounts. Government fees exclude agent fees.
What are Forms 1, 2, 3 and 5?
Form 1 is the application, Form 2 is the provisional or complete specification, Form 3 is the statement about foreign applications under Section 8, and Form 5 is the declaration of inventorship.
What is the deadline for the request for examination?
For applications filed on or after 15 March 2024, the request for examination in Form 18 is due within 31 months from the earliest priority or filing date. Older applications had a 48 month period. Confirm on the current Rules.
How long do I have to reply to the examination report?
Six months from the date the First Examination Report is issued, with an extension of up to three months if you apply in time. Confirm the current period in the Rules.
Can Claw file my patent?
No. Claw does not draft or file patents. It tracks patent matters at IP India, including pending compliances, annuity and response deadlines and hearings, and tracks IP litigation across Indian courts. It does not track copyright registration.