Question 1

What are the official filing fees in India?

Accepted Answer

Form 1 costs ₹1,600 online for individuals, startups, small entities and educational institutions, and ₹8,000 for others. That covers 30 pages and 10 claims. Each extra claim costs ₹320 or ₹1,600.

Question 2

Can I speed up examination in India?

Accepted Answer

Yes, on Form 18A, if you qualify: for example a startup, a small entity, a woman applicant, or a PCT applicant that chose India as search or examining authority. The online fee is ₹8,000, or ₹60,000 for others. IP India reports that most expedited cases reach a final decision within about a year of the request.

Question 3

What if I miss the 31-month Form 18 deadline?

Accepted Answer

The application is treated as withdrawn. Since March 2024, the Controller can extend the time or excuse a delay of up to 6 months on Form 4, at ₹10,000 or ₹50,000 a month. Applications filed before 15 March 2024 keep the old 48 months.

Question 4

Is there a grace period if I disclosed my invention first?

Accepted Answer

Only in narrow cases. Section 31 covers, for example, a display at a government-notified exhibition or a paper read before a learned society, if you file within 12 months. Since 2024 you claim it on Form 31. Other public disclosures can destroy novelty.

Question 5

How often must Form 27 be filed now?

Accepted Answer

Once for every three financial years after grant, within 6 months after each period ends. Form 4 can extend this by 3 months.

Question 6

Can someone oppose my Indian patent?

Accepted Answer

Yes. Anyone can file a pre-grant opposition on Form 7A after publication. After grant, a notice of opposition on Form 7 can be filed within 1 year of grant publication.

Question 7

Does a foreign applicant need an Indian agent?

Accepted Answer

No agent is legally required, but the applicant needs an address for service in India. If an agent is appointed, Form 26 or a power of attorney is filed.

Question 8

Does India offer startup discounts?

Accepted Answer

Yes. Recognized DPIIT startups and natural persons receive 80% concession on most IPO official fees.

Question 9

Is a Request for Examination automatic?

Accepted Answer

No. You must file Form 18 (Request for Examination) within 31 months of the priority date. Otherwise the application is deemed withdrawn.

Question 10

What is Form 27 and why does it matter?

Accepted Answer

Form 27 is the 'Statement of Working' declaring whether the patented invention is being commercially worked in India. Since 2024 it is filed once for every period of three financial years. (Form 3 is a different form: the section 8 statement and undertaking about foreign filings.) Failure to file can result in compulsory licensing risk and revocation petitions.

Question 11

Can I file a software patent in India?

Accepted Answer

Pure software 'as such' is excluded under Section 3(k). However, software with a technical effect or hardware integration (e.g., embedded systems, signal processing, security implementations) is patentable. We assess this in the strategy phase.

Question 12

How long does Indian examination take?

Accepted Answer

After the examination request, FER timing follows the Patent Office backlog, so plan in years, not months. Expedited examination is available for startups, women applicants, and PCT applicants designating India as ISA/IPEA.

Question 13

What is excluded from patentability under Section 3 of the Patents Act?

Accepted Answer

Section 3 lists subject matter that cannot be patented in India, including: frivolous inventions or those contrary to public order/morality; mere discovery of a scientific principle; mere discovery of a new form of a known substance without enhanced efficacy (§3(d). The 'Novartis' provision); mere admixture; mere arrangement of known devices; methods of agriculture or horticulture; methods of medical, surgical or therapeutic treatment; plants and animals (other than micro-organisms); mathematical or business methods, computer programs per se, and algorithms (§3(k)); literary, dramatic, musical or artistic works; topography of integrated circuits; and traditional knowledge. We screen for §3 issues at Step One before drafting.

Question 14

How does DPIIT startup recognition reduce my fees?

Accepted Answer

Recognized DPIIT startups, natural persons (individual inventors), and small entities qualify for an 80% concession on most IPO official fees, including filing, examination, renewal, and post-grant fees. We verify your eligibility, prepare Form 28 (claim to small/startup status), and apply the rebate at filing. Since the 2024 Rules, educational institutions pay the same reduced fees.

Question 15

What is Form 18 and when must it be filed?

Accepted Answer

Form 18 is the Request for Examination (RFE). Indian patents are not examined automatically. Form 18 must be filed within 31 months from the earliest priority date. If missed, the application is treated as withdrawn. Since the 2024 Rules, the Controller may extend the time or excuse a delay of up to 6 months on Form 4, at ₹10,000 or ₹50,000 a month, so treat 31 months as the real deadline. Applications filed before 15 March 2024 keep the old 48 months. For expedited examination under Rule 24C, Form 18A is filed instead. We track this deadline from the day we file.

Question 16

What is Form 27 and what are the penalties for not filing?

Accepted Answer

Form 27 is the 'Statement of Working' under §146 of the Patents Act, declaring whether the patented invention is being commercially worked in India. Since the Patents (Amendment) Rules 2024, it is filed once for every period of three financial years, starting with the financial year after grant. It is due within 6 months after each period ends. Failure to file can attract a penalty under §122 of up to ₹1 lakh, plus ₹1,000 for each further day the failure continues. In some cases it can also support compulsory licensing or revocation petitions by third parties. We track Form 27 in our docketing for every granted patent.

Question 17

Can I file a PCT national-phase entry in India?

Accepted Answer

Yes. PCT applicants have 31 months from the earliest priority date to enter the Indian national phase. We handle the full Indian filing. Translations (if needed), Forms 1/2/3/5/26, Power of Attorney to a registered Indian Patent Agent, and Request for Examination. The international filing date counts as your Indian filing date, and the 20-year term runs from it.

Question 18

What is a Patent of Addition?

Accepted Answer

A Patent of Addition (§54) protects an improvement or modification to an existing patented invention. It is filed in the name of the same patentee, runs for the unexpired term of the parent patent, and does not require separate annuity payments. It's a cost-effective way to protect iterative improvements without filing a new independent patent.

Question 19

Can I expedite my examination under Rule 24C?

Accepted Answer

Yes. Expedited examination via Form 18A is available for: recognized DPIIT startups, small entities, women applicants, government undertakings, departments of the central or state government, applicants who designated India as ISA/IPEA in their PCT, and applicants under bilateral patent prosecution highway (PPH) agreements. IP India reports that most expedited cases reach grant or a final decision within about a year of the request.

File your Indian patent before the clock runs.

How are you filing?

One engagement, two clear stages.

Strategy & Search

Drafting & Filing

How patent filing works in India.

File the application

Request examination

Answer the first report

Grant and upkeep

Filing abroad first

Letting Form 18 slide

A dedicated team, with you at every step.

All your legal, in one place.

What inventors ask before filing in India.

Worried about section 3? Ask our attorney.

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