What is a patent and what can be patented in India?
A patent is an exclusive right granted for an invention — a product or process that provides a new technical solution to a problem. Under the Indian Patents Act, 1970, inventions must be novel, involve an inventive step (non-obvious), and be capable of industrial application. Not patentable: discoveries, scientific theories, mathematical methods, business methods, computer programs per se, literary/artistic works, methods of agriculture/horticulture, and inventions contrary to public order or morality.
What is the difference between a provisional and complete patent application?
A provisional application secures your priority date without requiring complete claims or a fully developed invention — ideal when you're still refining your invention. You have 12 months to file the complete specification. A complete application (ordinary or convention) must contain full claims, description, abstract, and drawings. Only complete applications proceed to examination and can be granted a patent.
How long does patent registration take in India?
Patent filing (receiving an application number) takes 24–48 hours. However, the complete grant process typically takes 3–5 years in India. The process involves: publication (at 18 months), request for examination, First Examination Report (FER), response, and grant. Startups and small entities can opt for priority examination to get examined in 6–9 months.
What is the government fee for filing a patent in India?
Government fees vary by applicant type. For natural persons (individuals): ₹1,600 (provisional) and ₹3,200 (complete, online). For startups: 80% rebate on official fees, so provisional is just ₹320. For small entities: 60% rebate. For large companies: full fees. Our quoted service prices are separate from these government fees, which we pass through transparently.
Can I file a patent application for software or a mobile app?
Software "per se" is not patentable in India. However, software embedded in hardware, or a process/method that produces a technical effect using software, can be patented. Our attorneys specialize in drafting software patent claims as technical methods or computer-implemented inventions to maximize patentability. A patentability assessment is essential before filing.
What is a PCT application and do I need one?
A PCT (Patent Cooperation Treaty) application allows you to file a single international application to seek patent protection in 150+ member countries simultaneously. You have up to 30 months from the priority date to enter national phase in specific countries. It's recommended if you plan to commercialize internationally or have global investors/partners. Not required if you only need India protection.
Will my invention details remain confidential after filing?
Yes — until publication. Patent applications are held confidential by the Indian Patent Office until they are published (automatically at 18 months, or upon request for early publication). Our team signs an NDA before any disclosure. After publication, the complete specification is publicly available — which is a deliberate trade-off for the 20-year exclusive right.
Do startups get any special benefits for patent filing in India?
Yes. DPIIT-recognized startups enjoy: (1) 80% rebate on official IPO fees, (2) facilitated and priority examination, (3) fast-track examination under the Startup IP policy, (4) access to government schemes like the SIPP scheme providing free IP services, and (5) reduced costs in the Patent Prosecution Highway. We help startups maximize all these benefits.