Patent Filing Process in India , A Complete Guide by Shekhawat Law

Securing a patent in India is a strategic step toward safeguarding your innovation and gaining a competitive advantage. Whether you’re an individual inventor, startup, or established enterprise, understanding the patent filing process in India is essential. At Shekhawat Law, we simplify this legal journey by offering expert guidance at every step—from drafting to post-grant support.

What Is a Patent?

A patent is an exclusive legal right granted to inventors to make, use, and sell their inventions for a limited period—typically 20 years. In India, patents are governed by the Patents Act of 1970 and overseen by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM).

Once granted, a patent offers the inventor legal protection, preventing others from copying, selling, or using the invention without permission.

Types of Patents in India

Understanding the types of patents is the first step:

• Utility Patent: Covers functional aspects of inventions.
  
  

• Design Patent: Protects the aesthetic or ornamental features.
  
  

• Provisional Patent: Filed when the invention is not fully developed but helps secure an early filing date.
  
  

• Complete Patent: Filed with full details once the invention is finalized.
  
  

Step-by-Step Patent Filing Process in India

1. Patent Search

Before filing, a comprehensive patent search is essential to ensure your invention is novel and not already patented. This step evaluates the patentability based on novelty, inventive step, and industrial applicability.

Shekhawat Law conducts professional patent searches using databases like CGPDTM, WIPO, and USPTO, identifying potential overlaps and increasing your chances of approval.

2. Drafting the Patent Application

Drafting a patent requires legal and technical precision. You can file:

• Provisional Application: For inventions under development; secures a priority date.
  
  

• Complete Specification: For fully developed inventions, including detailed descriptions, drawings, and claims.
  
  

The claims section is critical as it defines the scope of protection. Our experienced team ensures your application is drafted clearly, correctly, and in full compliance with Indian patent law.

3. Filing the Patent Application

Patent applications can be filed:

• Online via the Indian Patent Office e-filing system, or
  
  

• Physically at any of the four patent offices: Delhi, Mumbai, Chennai, or Kolkata.
  
  

After submission, you’ll receive a Patent Application Number. If you've filed a provisional application, you must submit the complete specification within 12 months to avoid abandonment.

4. Publication of the Application

Typically, your patent is automatically published 18 months after filing. However, early publication can be requested via Form 9.

Once published, your invention becomes publicly visible, though legal rights are granted only after approval. We manage timelines to ensure smooth publication and strategic timing.

5. Examination of the Patent

To proceed, you must file Form 18 – Request for Examination (RFE) within 48 months of the filing/priority date. A Patent Examiner will assess:

• Novelty
  
  

• Non-obviousness (inventive step)
  
  

• Industrial applicability
  
  

• Proper disclosure
  
  

If issues arise, a First Examination Report (FER) is issued. Our legal experts at Shekhawat Law prepare detailed responses to these objections, strengthening your case for approval.

6. Grant of Patent

Once all objections are resolved, your patent is granted, and a certificate is issued. The grant is also published in the Patent Journal, providing exclusive rights for 20 years from the date of filing.

7. Post-Grant Compliance

After the patent is granted, you must:

• Pay annual renewal fees to maintain it.
  
  

• Monitor and enforce your rights in case of infringement.
  
  

Our firm provides post-grant legal support, including enforcement strategies, licensing assistance, and litigation support when needed.

Why Choose Shekhawat Law for Patent Filing in India?

At Shekhawat Law, we combine legal expertise with technical knowledge to offer a full spectrum of patent services:

✅ Expert Drafting: Technically sound and legally robust patent specifications
✅ End-to-End Support: From search to grant and enforcement
✅ Tailored Strategies: Personalized service for inventors, startups, and enterprises
✅ Transparent Pricing: Clear cost structure with no hidden charges
✅ Proven Success: A strong record of successful patent filings and client satisfaction

Ready to File Your Patent in India?

Filing a patent doesn’t need to be overwhelming. With Shekhawat Law, you gain a trusted legal partner who guides you at every stage—from idea protection to commercialization.

? Contact us today for a free consultation and take the first step in protecting your invention.