Filing a patent application in India
Who may apply, what goes into Form 1, and what the filing date actually buys you.
An Indian patent application starts with a decision about who the applicant is: the true and first inventor, an assignee, or a legal representative. Getting the applicant wrong is expensive to fix later and can be used against the application in opposition.
The filing date is the anchor for almost every other date in the file — publication, examination, term, and the twelve-month window to convert a provisional or claim priority abroad. It is also the date against which novelty is judged.
Applicant category matters commercially. Natural persons, startups, small entities and educational institutions pay official fees in a reduced category, and a change of category later triggers a fee adjustment.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 2Definitions and interpretation
- 6Persons entitled to apply for patents
- 7Form of application
- 8Information and undertaking regarding foreign applications
- 9Provisional and complete specifications
- 10Contents of specifications
- 11Priority dates of claims of a complete specification
- 11APublication of applications
- 16Power of Controller to make orders respecting division of application
- 17Power of Controller to make orders respecting dating of application
- 20Powers of Controller to make orders regarding substitution of applicants, etc.
- 21Time for putting application in order for grant
- 24AApplication for grant of exclusive rights
- 28Mention of inventor as such in patent
- 31Anticipation by public display, etc.
- 33Anticipation by use and publication after provisional specification
- 54Patents of addition
- 74Patent office and its branches
- 123Practice by non-registered patent agents
- 132Savings in respect of other persons authorised to act as agents
- 135Convention applications
- 136Special provisions relating to convention applications
- 138Supplementary provisions as to convention applications
- 143Restrictions upon publication of specification
- 148Declaration by infant, lunatic, etc.
- 149Service of notices, etc., by post
- 3Prescribed particulars
- 4Appropriate office
- 5Address for service
- 6Leaving and serving documents
- 8Forms
- 9Filing of documents and copies, etc.
- 10Period within which proof of the right under section 7(2) to make the application shall be furnished
- 11Order of recording applications
- 12Statement and undertaking regarding foreign applications
- 13Specifications
- 15Drawings
- 16Models
- 18Appropriate office in relation to international applications
- 19International applications filed with appropriate office as receiving office
- 20International applications designating or designating and electing India
- 21Filing of priority document
- 24Publication of application
- 24ARequest for publication
- 26Request for withdrawal
- 29AGrace period
- 34Manner in which a claim under section 20(1) shall be made
- 35Manner in which a request may be made under section 20(4)
- 36Manner of application under section 20(5)
- 121Period within which copies of specification, etc., are to be filed
- 121AAddress of communications
- 135Agency
- 137Powers of Controller generally
- 138Power to extend time specified or condone delay
Getting ready to file your first application?
MYCrave Consultancy & Services handles this work every day — 22,000+ IP applications filed for 11,000+ clients across India.