Patent Registration in India — Types, Eligibility and How to Apply 2025

A patent gives the inventor an exclusive right to use, manufacture and sell an invention for 20 years in India, preventing competitors from copying it. While trademark and copyright registrations are common, patent registration is less understood — yet critical for product-based businesses and innovators. This guide covers everything you need to know about patent registration in India in 2025.

What Can Be Patented?

Under the Patents Act 1970, an invention is patentable if it is:

• Novel: Not disclosed anywhere in the world before the filing date
• Inventive: Not obvious to a person skilled in the relevant technical field
• Industrially applicable: Can be made or used in any kind of industry

What Cannot Be Patented in India?

Section 3 of the Patents Act excludes several categories from patentability:

• Discoveries of natural phenomena (e.g., laws of nature)
• Mathematical methods, algorithms, computer programs per se
• Business methods
• Medical methods for treating humans or animals
• New forms of known substances without enhanced efficacy (Section 3(d) — applies to pharmaceuticals)
• Plants and animals (except microorganisms)
• Literary, artistic, dramatic or musical works (protected by copyright)

Provisional vs Complete Specification

Provisional Application: Filed when the invention is conceptually ready but full details are still being worked out. Establishes an early priority date (filing date). A complete specification must be filed within 12 months of the provisional application, or the application is treated as abandoned.

Complete Application: Contains the full specification including claims (defining the scope of protection), description, drawings and abstract. This can be filed directly without a provisional application.

Patent Application Process

Step 1 — Prior Art Search: Before filing, conduct a thorough prior art search on the WIPO PatentScope (patentscope.wipo.int) and Indian Patent Office database to ensure your invention is novel.

Step 2 — Prepare and File: File Form 1 (Application for Grant of Patent) with Form 2 (Specification), Form 3 (Statement and Undertaking), Form 5 (Declaration of Inventorship) on the Indian Patent Office online portal (ipindia.gov.in).

Step 3 — Publication: Applications are published in the Official Journal of Patent Office 18 months after the filing date.

Step 4 — Request for Examination (Form 18): File a Request for Examination within 48 months of the priority date. For startups and individuals, an expedited examination (Form 18A) is available — typically completed within 6 to 12 months.

Step 5 — Examination and Grant: The Examiner issues a First Examination Report (FER). Respond to all objections. If the Examiner is satisfied, a patent is granted and published in the Patent Journal.

Patent Fees

The official fee for filing a complete specification varies by applicant type: Natural person/startup: ₹1,600 (online). Small entity: ₹4,000. Large entity: ₹8,000. Examination fee is additional (₹4,000 for natural persons online). Annual maintenance fees apply after grant.

DPIIT-Recognised Startup Benefits

DPIIT-recognised startups get expedited patent examination within approximately 30 days and a rebate of 80% on official fees. This is one of the most valuable benefits of Startup India recognition for product companies.

Conclusion

Patent registration is a 20-year monopoly that can be extremely valuable for product-based businesses and innovators. SPOTON's IP advisory team helps Kerala businesses and startups identify patentable inventions and connects them with registered patent agents for complete patent prosecution support. Contact us today.