What is the Online Patent Filing Process or Procedure in India?

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What is the Online Patent Filing Process or Procedure in India?

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Preface: This post was originally published in 2018 and has been updated on August 25, 2025, to provide you with the most current and accurate information.

The patent registration in India is granted by the rules and regulations of Indian Patents Act 1970. In order to be patented in India, the invention must be novel, consist of an inventive step and it shall be capable of industrial application. 

Now any person can obtain the patent registration online for their exclusive invention by following the online patent filing process. Here, in this blog post, we will be discussing the procedure of patent registration in India.

Process for Patent Filing Online in India

The patent filing process in India takes place in the following manner:

1. Making the proposal - The first and foremost step in the procedure of patent registration is to create the plan of your patent. The applicant is required to create an abstract, the diagrams and the drawings for preventing their invention with utmost conviction. All the documents related to your invention shall be arranged in the presentable format during the patent application process in India.

2. Check the compatibility of your invention - In order to check whether your invention is capable of being registered or not see if it passes the three criteria of patent or not. In order to patented the discovery should be novel, inventive and shall be capable of industrial application.

3. Draft an application for registration - once you know that your invention is capable of being registered you can draft the online application for patent registration. If you have a completed invention you can file the final application for registration. While there is also an option of provisional application where the protection for incomplete invention can be obtained. However, one important thing to be noted about the provisional applications is that the final application shall be sent within 1 month of sending the provisional application.

4. Waiting period - After the application is filed, there is a mandatory wait period of 18 months for the examination. However, waiting for 18 months is not necessary as you can apply for an early publication request.

5. Initial Examination- Further, the patent application made will be examined by the examiner to check each and every aspect of the invention carefully. This process is called the patent prosecution where the examiner will check your application for subject matter, novelty, non-obviousness, inventive step, Industrial application and enabling.

6. Patent controller Examination - One of the essential steps in the patent application procedure in India is examination by the patent controller. A final scrutiny will be conducted by the patent controller to check that the invention follows through each and every requirement of the patent. At this stage the application is basically checked for errors.

7. The certificate of registration - If all the stages mentioned above are complete, the patent will be granted. The grant of the patent will then be notified in the journal.

If you are clear about the patent registration process in India, you must make yourself aware of the documents required for patent filing or registration in India and the cost of patent registration in India. 

Conclusion

By now, you must have understood that registering a patent in India is not an easy task. It requires completion of several steps. Before going ahead with the patent registration process, we recommend you to check what can be patented in India. Doing so will allow you to avoid unnecessary rejections, save time and resources. For assistance in filing a patent, it is ideal to consult with a legal expert having expertise in IPR. They’ll be able to guide you through the process and tell you about the necessary requirements.

Frequently Asked Questions (FAQs)

Q1. How to file a patent in India?

A. To file a patent in India, you must make an application, using Form 1, and submit it with the Indian Patent Office.

Q2. How to apply for a patent in India?

A. To apply for a patent, you must file a patent application with the Indian Patent Office. The process can be completed online.

Q3. How can I check my patent application tracking status?

A. To check your Indian patent application’s status, visit the official Indian Patent Office (IPO) website, ipindiaservices.gov.in. Navigate to the "Application Status" section, enter your application or publication number into the provided field, and submit the search to view the current status of your patent application. 

Q4. Where do I need to file an application for patent in India?

A. To need to file an application for a patent with the Indian Patent Office.

Q5. What are the common patent application types in India?

A. The common patent application types in India are Ordinary Application, Convention Application, PCT International Application, PCT National Phase Application, Patent of Addition and Divisional Application.

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