Patent in India: meaning, criteria and filing process
A patent gives an inventor exclusive rights to an invention for 20 years from filing. It needs novelty, inventive step and industrial application.
Short answer
A patent is an exclusive right granted by the government to an inventor or assignee to make, use, sell and import an invention for a limited period, in exchange for publicly disclosing it. In India, patents are granted under the Patents Act, 1970 by the Patent Office, last 20 years from the filing date
- Law
- Patents Act, 1970
- Term
- 20 years from filing date
- Criteria
- Novelty, inventive step, industrial application
- Provisional to complete
- 12 months
What can be patented
An invention must be new, involve an inventive step that is not obvious to a skilled person, and be capable of industrial application. Section 3 of the Act lists what is not an invention, including a computer programme per se, business methods, mathematical methods, and mere discoveries. Software-related inventions can be patentable only where they produce a technical effect beyond the program itself, which needs careful drafting.
Filing process
An applicant can file a provisional specification to secure a priority date and must then file the complete specification within 12 months. The application is published after 18 months, or earlier on request. Examination happens only after a request for examination, and the Patents (Amendment) Rules, 2024 reduced the time for that request to 31 months from the priority date. The examiner issues a report, the applicant responds, and the patent is granted if objections are overcome. Startups can request expedited examination and pay lower official fees than large entities.
Why it matters for startups
Patents can strengthen fundraising and deter copying for deep tech, hardware and biotech startups. Do not disclose the invention publicly, at events, in pitch decks or online, before filing, as that can destroy novelty. Run a prior art search, file a provisional early and budget for prosecution and international filing decisions within the priority year.
Related services
Sources
- Office of the Controller General of Patents, Designs and Trade Marks
- India Code: official repository of central Acts
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
How long does a patent last in India?
20 years from the date of filing, subject to payment of renewal fees.
Can I patent a mobile app idea?
Ideas and computer programs per se are not patentable. A software-related invention may be patentable if it solves a technical problem with a technical effect.
Do startups get patent fee concessions?
Yes. Recognised startups pay lower official fees and can request expedited examination.