When you’re building something original—a new product, a breakthrough process, or a clever technical solution—there’s one question that eventually comes up: “Should we patent this?”
The answer, for many startups, is yes. Not because it’s a fancy badge of innovation, but because a patent gives you the legal right to own your idea—and stop others from copying or cashing in on it.
If you’ve ever found the patent process intimidating, you’re not alone. This guide is here to simplify it, demystify the steps, and help you get started the smart way. Whether you’re bootstrapping or venture-backed, here’s how to file a patent in India—without losing your mind (or your momentum).
First things first: What is a patent, really?
A patent is a legal right granted by the government to protect an invention—something novel, useful, and not obvious. In plain English, it means you came up with something new, and now you get exclusive rights to make, use, or sell it for 20 years.
But there’s a catch: not every idea qualifies. Let’s start there.
Step 1: Is Your Invention Patent-Worthy?
Before filing anything, check whether your invention clears the basic tests under Indian law:
- Novelty – It should be new (i.e., not publicly known or used anywhere in the world).
- Inventive Step – It shouldn’t be obvious to someone skilled in the field.
- Industrial Applicability – It should have a practical use.
- Not Excluded – India excludes things like algorithms, business methods, and abstract ideas from patent protection (sorry, pure software folks).
Pro tip: A quick prior art search on platforms like Google Patents or WIPO can help you avoid surprises later.
Step 2: Decide on Provisional vs Complete Specification
Once you’re confident in your invention, the next step is to write it up.
You have two filing options:
- Provisional Specification: A basic description of the invention. It’s quicker and cheaper, and it gives you 12 months of priority protection while you finalize the details. Great for early-stage startups still prototyping.
- Complete Specification: A full technical disclosure, including claims, drawings, background, and detailed explanations. You’ll need this to actually get the patent granted.
Startups often file provisionally first, then convert to a complete application within a year. Just don’t let that deadline slip—it’s a one-shot opportunity.
Step 3: File Your Application with the Indian Patent Office
Filing is mostly online these days, and pretty straightforward if you’ve got your documents in order.
What you’ll need:
- Form 1 – Application for grant of patent
- Form 2 – Provisional or complete specification
- Form 3 – Statement and undertaking (foreign filings, if any)
- Form 5 – Declaration of inventorship
- Form 18 or 18A – Request for Examination (more on this soon)
- Fee payment – Reduced for startups!
You can file via ipindia.gov.in or physically at the regional offices (Delhi, Mumbai, Chennai, Kolkata). But online is the way to go for speed and tracking.
Bonus for Startups: If you’re DPIIT-recognized, you get fee discounts and a chance to fast-track your application.
Step 4: Request Examination (Don’t Skip This!)
Filing a patent is like submitting an exam paper. But unless you ask someone to check it, nothing happens.
That’s what Form 18 is—your request for examination. Without it, your patent just sits there, unexamined, for up to 31 months.
But if you want to move faster (and who doesn’t?), DPIIT-recognized startups can file Form 18A for expedited examination. That gets your file to the top of the stack.
Step 5: Respond to Objections (and Don’t Panic)
Here’s the truth: almost every patent application gets objections. It’s normal. You’ll receive a First Examination Report (FER) with questions or clarifications.
This is where your patent agent or attorney earns their fee. They’ll respond to the examiner, adjust claims if needed, and may even attend a hearing.
You typically have 6 months to respond, with a possible 3-month extension.
Pro tip: A thoughtful response is more effective than a defensive one. The goal is to clarify, not argue.
Step 6: Patent Granted!
If the Controller is satisfied with your responses and no one opposes the grant, congratulations—your patent is published and granted.
From the date of filing, your invention is protected for 20 years, subject to renewal fees. You can now license it, sell it, enforce it, or simply enjoy the peace of mind knowing your innovation is legally yours.
Why Patents Matter (Even if You’re Not Tesla)
For startups, patents do a lot more than just protect ideas:
- They attract investors who love defensible IP.
- They protect your market share from copycats.
- They build business value—especially in valuations and M&A.
- They open up licensing and royalty revenue.
In short: if you’re building something original, a patent isn’t a luxury. It’s a growth asset.
Need-to-Know FAQs
Q: Can I patent software in India?
Only if it’s tied to hardware or shows technical effect. Abstract algorithms or business models are excluded.
Q: How much does it cost?
Government fees start as low as ₹1,600 for startups. Add agent fees if you hire one (recommended).
Q: Can I file internationally?
Yes. You can apply under the PCT route or convention route within 12 months of filing in India.
Wrapping Up: Start Early, Start Smart
The patent journey can look overwhelming at first—but with the right strategy, it’s a manageable (and valuable) process. You don’t need to be a legal expert—you just need to know the steps, be proactive, and get help where it counts.
At RAS Intellect, we work with early-stage innovators every day to navigate IP with clarity and confidence. From filing your first patent to building a full-fledged IP strategy, we’ve got your back.
📩 Want to protect your innovation? Let’s talk.
