Patent Filing in Mumbai, India

Patent Filing in India covers the preparation and submission of a patent application to the Indian Patent Office (CGPDTM). Whether you plan to apply for a patent domestically or build a global portfolio, understanding the patent filing process, documentation, and patent filing fees helps you budget accurately and reduce procedural risk. Applicants can file a patent electronically via the official online patent filing portal, then track publication, examination, opposition, grant, and renewals. The government’s patent forms and fees are prescribed under the Patents Rules and updated schedules.

What counts as a “Patent Application”

In India, a patent application is lodged with the required forms and a specification (provisional or complete). Core patent application fees depend on the applicant category (natural person/start-up/small entity/educational institution vs other entities), filing mode (e-filing vs physical), number of pages/claims, and priorities. Indian patent filing must comply with the Patents Act, 1970 and the Patents Rules, 2003 (as amended), and use the IPO’s prescribed patent forms and fees in Schedule I.

Patent Filing Process

Step-by-step to file a patent –

1. Decide The Application Type

Provisional, ordinary (complete), convention, PCT national phase, divisional, or patent of addition—before drafting.

2. Draft The Specification

Description, drawings (if any), claims (for complete), and abstract—ensuring enablement and internal consistency.

3. Compile The Forms

Commonly Form 1 (Application), Form 2 (Specification), Form 3 (Section 8 Statement & Undertaking, if applicable), and Form 5 (Inventorship).

4. Submit Patent Documents Online

Through the IPO e-filing portal; generate challan and pay the official fee via authorised gateways.

5. Publication

Automatic at ~18 months from priority; optional early publication may be requested.

6. Request Examination

Within the statutory window; respond to office actions, if any. Expedited examination may be available to eligible categories.

7. Opposition, Grant and Renewal

Pre- and post-grant opposition mechanisms exist; if granted, pay annuities. Recent rule changes introduce certain practical adjustments to timelines and statements.

Online Patent Filing Services

The Indian Patent Office provides secure online patent filing for new applications and subsequent documents. Applicants can apply for patent online, upload forms/specifications, and pay fees via the portal. The system supports e-sign/DSC credentials and has updated workflows to reflect the Patents (Amendment) Rules, 2024.

Patent Forms and Fees - What You Will Actually Pay?

Official patent filing fees in India and related charges are set out in Schedule I (First Schedule). Key entries (e-filing) include:-

1. Filing a patent application (Form 1)

₹1,600 for a natural person/start-up/small entity/educational institution; ₹8,000 for “others”. Extra fees apply for each additional page beyond 30 and each claim beyond 10; multiple priorities also attract multiples of the base filing fee. Physical filing attracts higher amounts.

2. Early publication (Form 9)

₹2,500 (natural person/start-up/small entity/educational institution); ₹12,500 (others).

3. Request for examination (Form 18)

₹4,000 (natural person/start-up/small entity/educational institution); ₹20,000 (others). A separate figure applies for certain PCT entries.

4. Expedited examination (Form 18A)

₹8,000 for eligible smaller entities and ₹60,000 for others (e-filing).

5. Patent of Addition

Fee reduction of 50% compared to other applications (noted in Schedule I).

6. Extensions

Selected extensions (per month) may apply with specific fees; for example, Rule 138 shows increased monthly fees (₹10,000 for smaller entities; ₹50,000 for others) post-amendment.

Renewal (annuities) escalate by year and can now earn a 10% discount if paid in advance online for at least four years – a change associated with the 2024 amendments that supports digital portfolio management.
Cost to apply for a patent (government fees only) therefore depends on entity type, page/claim count, priorities, and chosen options (e.g., early publication, expedited exam). Always consult the current IPO Schedule I before budgeting.

Patent Filing Cost Vs Professional Costs

Official patent filing cost covers government fees only. It is separate from any professional/attorney charges for drafting, drawings, translations, prosecution, or maintenance strategy. Because page and claim surcharges are significant, a focused claim set and concise drafting can lower official totals without weakening protection. (Use the fee table to model scenarios for your invention.)

Documentation Requirements

Typical documents to submit patent materials include:-

  • Form 1 (Application), Form 2 (Provisional/Complete Specification), Form 3 (Section 8 statement, where applicable), Form 5 (Declaration as to Inventorship).
  • Drawings (if needed), Abstract, any Power of Authorisation (Form 26), and Proof of right/assignment if the applicant is not the inventor.
  • For PCT national phase or convention filings, attach priority documents/verified translations as required.


All forms are accessible on the IPO site under Form and Fees.

Compliance and Recent Rule Changes

  • Working statements (Form 27) now follow a three-financial-year reporting cadence, not yearly, with the grant year excluded from the count.
  • Extension/condonation options and fees have been updated in the 2024 amendments (see Schedule I entries and guidance).
  • Patent filings by company: Corporates must ensure authorisations/assignments are in place at filing or shortly thereafter; category-based fees apply if claiming small entity or start-up status (use Form 28 where relevant).

Patent Application Types

Understanding patent application types helps you plan timing and cost:-

  • Provisional application followed by a complete within 12 months.
  • Ordinary (complete) application.
  • Convention application (foreign priority).
  • PCT national phase (entering India from a PCT filing).
  • Divisional application (for unity issues or different inventive concepts).
  • Patent of addition (improvements/modifications with reduced fee noted in Schedule I).

Entities That May Apply

Individuals, partnerships, LLPs, patent filings by company (private/public limited), universities, start-ups, and foreign corporations may apply for a patent in India. There is no “company name availability” step for patent filing (unlike company registration); use the exact legal name of the applicant and keep supporting proofs ready (assignments, employment IP clauses).

Practical Checklist - Applying for Patent Online

  1. Choose the application route and confirm claim strategy.
  2. Prepare specification (provisional or complete).
  3. Gather forms (Form 1/2/3/5, and Form 28 if claiming small entity/start-up).
  4. Apply for patent online via the IPO portal; pay the appropriate patent application fees.
  5. Track publication, file request for examination, and manage responses or amendments.
  6. Monitor opposition windows, grant, and annuities; consider advance online renewal to leverage the discount.

Benefits of Planning the Patent Filing Process

  • Predictable budgeting by modelling page/claim surcharges and deadlines.
  • Faster prosecution if the draft anticipates prior art and you use early/expedited options wisely.
  • Portfolio hygiene through updated compliance (Form 27 cycles) and online renewal workflows.

Frequently Asked Questions (FAQs)

What is the minimum government fee to file a patent application in India?

For e-filing, the base fee to file a patent (Form 1) is ₹1,600 for natural person/start-up/small entity/educational institution and ₹8,000 for others, up to 30 pages and 10 claims. Extra pages/claims and additional priorities cost more. Physical filing uses higher figures. Always refer to the current Schedule I.

Budget for filing, early publication (optional), and request for examination. At e-filing rates: early publication is ₹2,500/₹12,500; examination is ₹4,000/₹20,000 (smaller entities/others). Expedited examination (if eligible) is ₹8,000/₹60,000.

Yes, Use the IPO patent e-filing system to upload forms/specification and pay via authorised gateways. The portal implements the 2024 rule changes.

Fees depend on the applicant category. Natural persons, start-ups, small entities, and educational institutions have lower fees than “others”. Corporates that qualify as small entities may use Form 28 to claim that status.

Yes, Working statements (Form 27) are now required every three financial years rather than annually, and a 10% discount is available for advance electronic renewal payment for at least four years.

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