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.
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.
Step-by-step to file a patent –
Provisional, ordinary (complete), convention, PCT national phase, divisional, or patent of addition—before drafting.
Description, drawings (if any), claims (for complete), and abstract—ensuring enablement and internal consistency.
Commonly Form 1 (Application), Form 2 (Specification), Form 3 (Section 8 Statement & Undertaking, if applicable), and Form 5 (Inventorship).
Through the IPO e-filing portal; generate challan and pay the official fee via authorised gateways.
Automatic at ~18 months from priority; optional early publication may be requested.
Within the statutory window; respond to office actions, if any. Expedited examination may be available to eligible categories.
Pre- and post-grant opposition mechanisms exist; if granted, pay annuities. Recent rule changes introduce certain practical adjustments to timelines and statements.
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.
Official patent filing fees in India and related charges are set out in Schedule I (First Schedule). Key entries (e-filing) include:-
₹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.
₹2,500 (natural person/start-up/small entity/educational institution); ₹12,500 (others).
₹4,000 (natural person/start-up/small entity/educational institution); ₹20,000 (others). A separate figure applies for certain PCT entries.
₹8,000 for eligible smaller entities and ₹60,000 for others (e-filing).
Fee reduction of 50% compared to other applications (noted in Schedule I).
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.
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.)
Typical documents to submit patent materials include:-
All forms are accessible on the IPO site under Form and Fees.
Understanding patent application types helps you plan timing and cost:-
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).
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.