The Step-by-Step Filing Process
Ten sequential stages take an invention from a prior-art search through to a granted, enforceable patent and ongoing compliance.
1 Conduct a Patent Search
Prior art · novelty check
A prior-art search analyses existing patents, published applications and technical literature to confirm an invention is genuinely new. It strengthens claim drafting, surfaces infringement risk early, and avoids the cost of pursuing an unpatentable idea.
- Google Patents — free full-text search across USPTO, EPO and WIPO collections
- WIPO Patent scope — PCT applications with machine translation and family search
- Pat Seer — semantic search and landscape analytics (paid)
- Indian Patent Advanced Search — the IPO's official database, essential for India-specific prior art
2 Draft the Patent Specification
Provisional or complete
The specification defines the technical disclosure and the legal scope of protection. A provisional secures priority with a broad description and no claims; a complete specification is self-sufficient, with detailed disclosure and claims that let a skilled person reproduce the invention.
Form 2₹1,600 individuals₹8,000 companies
| Excess | Individual | Company |
|---|
| Each claim beyond 10 | ₹320 | ₹1,600 |
| Each page beyond 30 | ₹160 | ₹800 |
A complete specification typically carries the title, field of invention, background, summary, detailed description, claims (independent and dependent), and drawings where the subject matter is technical.
3 File the Application
Indian Patent Office portal
Applications are filed electronically. The core forms are:
Form 1 · Grant request Form 2 · Specification Form 3 · Statement & undertaking Form 5 · Inventorship Form 9 · Early publication Form 18 · Examination request Form 26 · Power of attorney Form 28 · Startups & small entities
4 Publication of the Application
Section 11A · Official Journal
The application is published 18 months after the priority date, unless early publication is requested via Form 9. Publication creates public notice, opens the door to pre-grant opposition, and establishes a record that can support investment and licensing.
5 Pre-grant Opposition
Section 25(1) · Form 7A
After publication but before grant, any person may oppose on grounds such as lack of novelty, obviousness or defective claims. The Controller considers the representation only once a request for examination has been filed.
6 Examination
Form 18 · within 38 months
A request for examination must be filed within 48 months of the priority date. The examiner assesses the application against prior art, patentability and compliance with the Act.
7 Respond to the First Examination Report
FER · 6-month window
Objections in the FER must be answered within six months, or the application is deemed abandoned. Effective replies clarify the disclosure, amend claims where needed, and distinguish cited prior art with supporting evidence.
8 Grant of Patent
Published in the Patent Journal
Once objections are resolved, the patent is granted and published, conferring exclusive rights for 20 years from the filing date.
9 Post-grant Opposition
Section 25(2) · Form 7
Within 12 months of publication of the grant, an interested person may file a post-grant opposition, which is examined by an Opposition Board.
10 Post-grant Compliance
Renewals · working statements
- Renewal fees — paid annually; lapse can occur on default, subject to restoration under Section 60
- Working statements (Form 27) — disclose commercial use; non-compliance can lead to compulsory licensing
- Enforcement — monitor for infringement and act to protect the granted rights
