You have an invention. A working prototype, a tested process, maybe a software algorithm that solves a real problem. But if you file nothing today, someone else will, and under the Patents Act 1970 as amended by the Patents (Amendment) Act 2005, India follows a first-to-file system, not first-to-invent. Once your invention is publicly disclosed, in a pitch deck, a trade show demo, or even a LinkedIn post, your window to claim exclusive rights begins to close. A patent gives you the legal right to exclude others from making, using, selling, or importing your invention in India for 20 years from the date of filing. Without it, competitors can legally reverse-engineer and commercialise your innovation. KAMRIT Financial Services LLP handles the entire patent filing lifecycle end to end, from prior art search and specification drafting to e-filing with the Controller General of Patents, Designs and Trade Marks (CGPDTM), and follow-up through examination, ferasibility, and grant. We manage every form, every deadline, and every examination response so you can focus on building.
What is Patent Filing in India 2026?
A patent is a statutory monopoly granted by the Indian Patent Office under the Patents Act 1970 (as amended up to 2025). It gives the patent holder the exclusive right to exploit the invention commercially for 20 years from the date of filing, subject to renewal under Rule 80 of the Patents Rules 2003. The Controller General of Patents, Designs and Trade Marks (CGPDTM), operating under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, administers the patent system through four regional offices: Kolkata, Mumbai, Delhi, and Chennai. An Indian patent covers inventions in all fields of technology, provided they are novel (Section 2(1)(l)), involve an inventive step (Section 2(1)(ja)), and are capable of industrial application (Section 2(1)(ac)). Software algorithms, business methods, and plant varieties have specific eligibility conditions under Sections 3 and 4 of the Act. An invention must not fall under Sections 3 or 4 (e.g., inventions contrary to natural laws, harmful to public health). A complete specification under Form 2 must be filed within 12 months of a provisional application under Section 9, or directly as a complete application via Form 1. After publication under Section 11A, any person can request examination within 48 months; the Controller issues a First Examination Report (FER) typically within 18 months from the date of publication.
Who needs this
Any individual, startup, company, firm, or foreign entity with a qualifying invention can file. Government fees and documentary requirements differ by applicant category.
- Resident Indian nationals or companies with a novel, non-obvious invention capable of industrial application under the Patents Act 1970
- Early-stage or DPIIT-recognised startups seeking reduced government fees under Rule 138(f) of the Patents Rules 2003
- Non-resident inventors or foreign companies with a manufacturing or commercial interest in India under Section 135
- Joint applicants (inventor and assignee) where a deed of assignment or authorisation under Form 26 is notarised
- Inventors filing for a divisional application under Section 16 where the original application contains multiple inventions
- Parties claiming priority under Paris Convention or PCT national phase entry within 30 months of the earliest priority date
- Companies that have not made a public disclosure of the invention before the filing date, a critical trigger for loss of rights
- Entities applying for a patent of addition under Section 54 where the invention is an improvement or modification of a main patent
- Foreign applicants who have designated India in a PCT international application and are entering the national phase under Section 138
Documents required
The patent filing bundle spans inventor identity, applicant entity proof, invention disclosure, and formal declarations. Incomplete documentation is the leading cause of office actions.
- Form 1, Application for Patent including particulars of applicant, inventor, and any priority claim with prescribed government fee
- Form 2, Complete Specification with abstract, field of invention, background, detailed description, and at least one claim, drafted in clear technical language
- Form 3, Statement and Undertaking under Section 8 declaring foreign filings, required when the applicant has made applications elsewhere
- Form 5, Declaration as to Inventorship, required when the applicant and inventor are different persons
- Form 26, authorisation or power of attorney in favour of a registered patent agent or KAMRIT, notarised for non-resident applicants
- Proof of identity of inventor: Aadhaar card, PAN card, or valid passport with current address
- Proof of identity of applicant entity: PAN card, Certificate of Incorporation (COI) under Companies Act 2013 or shop establishment certificate
- Address for service in India for foreign applicants, including an Indian agent address
- Priority document (if claiming Convention priority under Paris Convention) with verified English translation
- Working model or detailed technical drawings under Rule 13(3) if the Controller requires a physical exhibit for examination
- DPIIT startup recognition certificate for entities seeking 50% reduction in government fees under Rule 138(f)
- Assignment deed or NOC from employer if the invention was made during employment, required under Section 73 read with Schedule I of the Patents Act 1970
How KAMRIT runs it, step by step
KAMRIT manages all six stages from invention disclosure to grant, handling every form filing and regulator interaction on your behalf.
- Prior Art Search and Freedom-to-Operate Analysis. KAMRIT conducts a comprehensive prior art search using the Indian Patent Office's free online database at ipindia.gov.in and commercial tools covering WIPO, USPTO, EPO, and Google Patents. This identifies whether your invention is truly novel and assesses the risk of infringement. The search report is delivered within 3 working days and forms the basis for claim drafting strategy. This stage also identifies potential office action risks and helps refine the specification before filing.
- Specification Drafting and Claim Finalisation. Our patent attorneys draft a complete specification under Form 2 covering the technical field, problem statement, prior art limitations, detailed embodiment, and independent and dependent claims. Claims are structured to maximise protection scope while meeting the novelty and inventive step requirements under Sections 2(1)(l) and 2(1)(ja). Draft is reviewed with you for technical accuracy within 5 working days. Multiple claim sets are prepared to accommodate different examiner positions during ferasibility.
- Form Filing and E-Submission to Indian Patent Office. Form 1 (Application), Form 2 (Complete Specification), Form 3 (Section 8 Declaration), and Form 5 (Inventorship Declaration) are prepared and e-filed through the official portal at ipindia.gov.in. Government fees are calculated under the Third Schedule to the Patents Rules 2003, ₹1,600 for individuals and DPIIT startups per form online, and ₹8,000 for bodies corporate per form online, subject to number of claims. KAMRIT handles payment of government fees separately as applicable. Filing date is critical, it establishes priority.
- Publication and Request for Examination. Under Section 11A, the patent application is published in the Patent Journal 18 months after the earliest date. KAMRIT proactively files a request for examination under Rule 24B within 30 days of publication to ensure the application is taken up for examination without delay. Failure to file within 48 months of the earliest date renders the application deemed withdrawn.
- First Examination Report (FER) and Response. The Controller issues the FER typically within 12 to 18 months from the request for examination date. The FER raises objections on novelty, inventive step, sufficiency of disclosure, or claim clarity. KAMRIT drafts a comprehensive written submission under Rule 63 responding to each objection, including amended claims, arguments, and supporting data. This is the highest-value stage, a well-drafted response frequently converts a rejected application to a grant.
- Ferasibility, Hearing, and Grant. If the Controller is satisfied with the response, the patent proceeds to grant within 30 days under Section 21. If objections remain, a hearing date under Rule 28 is scheduled. KAMRIT represents you at the hearing, submits post-hearing written submissions, and manages the grant certificate from the Controller. The patent is then entered in the Register of Patents under Section 67 maintained by the Controller. Renewal fees under Rule 80 are payable from the third year onwards.
Timeline
From the date KAMRIT receives complete documentation, e-filing of Form 1 and Form 2 takes 5 to 7 working days. The application is published in the Patent Journal 18 months after the earliest date, a regulator-controlled timeline. The First Examination Report (FER) is issued within 12 to 18 months of the examination request, which itself KAMRIT files promptly after publication. The FER response stage is KAMRIT's most controllable phase, typically 6 to 10 weeks to draft and file. The Controller's decision on the response is issued within 3 to 6 months. In straightforward cases with no major objections, the patent grant certificate issues within 30 days of the Controller's satisfaction. Overall realistic timeline from kickoff to grant: 3 to 5 years under the normal track. Under the expedited examination route available to DPIIT-recognised startups under Rule 138(f), the Controller may issue the FER within 6 to 8 months. KAMRIT's client portal tracks every regulatory date, FER due date, publication date, hearing date, with automated reminders, so no deadline is missed.
How our pricing compares
KAMRIT's patent filing service starts at ₹11,899 for provisional to complete specification drafting and e-filing of Form 1, Form 2, Form 3, and Form 5. Government fees payable to the Indian Patent Office are separate: ₹1,600 per form online for individuals and DPIIT-recognised startups, and ₹8,000 per form for body corporate applicants (Third Schedule, Patents Rules 2003), plus ₹800 per claim beyond the first 10 claims. KAMRIT's price is positioned in the mid-range of IndiaFilings (patent filing starting ₹8,999 with basic search), Vakilsearch (patent filing from ₹7,999, search charged separately at ₹2,500), Cleartax (patent filing from ₹9,999 with specification drafting limited to 10 pages), and LegalRaasta (patent services from ₹6,999 for startups, limited to standard mechanical inventions). KAMRIT includes full prior art search with commercial database access, unlimited claim revisions, Form 3 and Form 5 preparation, ferasibility hearing preparation, and a one-year post-filing follow-up, items that competitors either exclude or charge at ₹3,000 to ₹8,000 as add-ons. Government fees for entity applicants are identical across all service providers as these are statutory charges. The price differential reflects the breadth of drafting support, the patent attorney's time, and the end-to-end ferasibility management.
Common mistakes KAMRIT avoids
Most patent rejections in India arise from avoidable filing-stage errors. Understanding these before you file saves time, money, and the invention itself.
- Filing a provisional application and failing to file the complete specification within 12 months under Section 9, the provisional lapses and the invention enters the public domain without protection
- Public disclosure before filing, demonstrating the product, publishing a blog post, or presenting at a conference before the Form 1 filing date destroys novelty under Section 13 and makes the patent ungrantable
- Filing without a proper prior art search, proceeding with a vague claim set that overlaps with existing patents, inviting an immediate Section 3 objection from the Controller
- Not filing Form 3 (Section 8 Declaration) when foreign patent applications exist, the Controller can reject the Indian application if Form 3 is not filed or updated within 6 months of any change in status
- Incorrect applicant entity classification, body corporate paying individual fees, or vice versa, results in the form being treated as incomplete and triggers a notice under Rule 30
- Claims that are too narrow or too broad, overly narrow claims offer weak protection; overly broad claims fail the inventive step test under Section 2(1)(ja) and invite FER rejections
- Failure to request examination under Rule 24B within 48 months of the earliest date, the application is deemed withdrawn under Section 11B(3) and cannot be revived
- Not registering a deed of assignment where the applicant and inventor are different, the Controller's register under Section 67 requires a notarised assignment deed, and a patent granted to an incorrect applicant is legally vulnerable