STEP 1: Determine Patentability

Before filing, confirm that the invention meets these basic patentability criteria:

• Novelty – Not disclosed anywhere in the world.

• Inventive Step (Non-obviousness) – Not obvious to a person skilled in the art.

• Industrial Applicability – Must be capable of industrial use.

• Not excluded under Section 3 and 4 of the Indian Patent Act (e.g., abstract ideas, mathematical methods, etc.).

It is advisable to do a prior art search to check for similar patents globally (use WIPO Patentscope, Google Patents, and the Indian Patent Advanced Search System).

STEP 2: Drafting the Patent Specification

• Provisional Specification (optional): Allows you to secure a priority date while giving you 12 months to file a complete specification.

• Complete Specification: Required for full examination. Should include:

  • Title

  • Field of invention

  • Background and prior art

  • Detailed description

  • Claims (most important)

  • Abstract

  • Drawings (if applicable)

 It’s strongly recommended to have a registered patent agent draft this.

STEP 3: Filing the Patent Application

You can file either:

• Offline at the Mumbai Patent Office (Bandra Kurla Complex), or

• Online via the IP India website (requires digital signature).

Forms Required:

STEP 4: Publication of Application

• Application is automatically published 18 months from the filing date or priority date.

• Early publication can be requested with Form 9 (fee ₹2,500).

• Once published, patent rights are retrospectively effective from this date (but enforceable only after grant).

STEP 5: Request for Examination (RFE)

• File Form 18 to request examination (within 48 months of filing).

• Patent Office assigns an examiner who issues a First Examination Report (FER).

STEP 6: Responding to Examination Report

• You (or your patent agent) must respond to objections within 6 months, extendable by 3 months.

• Most applications face 1–2 rounds of FER before acceptance.

STEP 7: Grant of Patent

• Once the examiner is satisfied, the patent is granted, and the details are published in the Patent Journal.

• Patent is valid for 20 years from filing date (subject to annual renewal fees).

COST ESTIMATE (Indicative, Natural Person/Startup Rates)

Total Cost Estimate (all inclusive):

• Self-filed: ₹8,000 – ₹10,000 (excluding drafting help)

• With patent agent: ₹80,000 – ₹1,50,000 (depending on complexity and agent fees)

Additional Tips

• File Form 28 to claim "startup/individual" status for reduced fees.

• If invention was made by a student, check eligibility under Startup India for additional benefits.

• Protect your IP confidentiality before filing (no public disclosure, even at college projects or exhibitions).

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