India treats a recognised startup like an individual inventor at the Patent Office: roughly a fifth of the official fees, and a place in the expedited examination queue. Both are worth having. Neither is the hard part. The hard part for a young company is deciding what to file, when, and in whose name — before a launch, an investor presentation or a foreign filing quietly closes the option.
Quick reference
| Who qualifies | An entity recognised as a startup by DPIIT under the Startup India scheme; foreign startups on the equivalent test |
| Fee reduction | About 80% off every official fee — ₹1,600 to file, ₹4,000 to request examination, ₹8,000 for expedited examination |
| How to claim | A declaration on Form 28 with the recognition certificate |
| Expedited examination | Available to startups on request; cuts the wait from years to months |
| Facilitation scheme (SIPP) | Government-paid facilitators; the last notified term ended 31 March 2026 and had not been renewed at the time of writing |
| What to file first | Usually a provisional specification, before any public disclosure |
Recognition
The Patent Office does not decide who is a startup; the Department for Promotion of Industry and Internal Trade does, through the Startup India scheme. Recognition is open to a private limited company, a limited liability partnership or a registered partnership that is within ten years of incorporation, has had a turnover of no more than ₹100 crore in any financial year, and is working on innovation or improvement of products, processes or services, or has a scalable model. An entity formed by splitting up or reconstructing an existing business does not qualify.
Recognition is applied for online and issues as a certificate. It is the document the Patent Office wants to see.
A foreign startup qualifies for the reduced patent fees on the same test of age and turnover, applied to its home jurisdiction, with an equivalent document in support.
The fee reduction
A recognised startup pays the same rate as an individual: ₹1,600 to file instead of ₹8,000, ₹4,000 to request examination instead of ₹20,000, ₹8,000 for expedited examination instead of ₹60,000, and renewals over a full term of about ₹77,000 instead of ₹3,84,000. The saving over the life of one patent is several lakh rupees; over a portfolio it is real money.
The rate is claimed with a declaration on Form 28 and a copy of the recognition certificate, filed with the first fee-bearing document. Two consequences follow. If the startup ages out of recognition, or grows past the turnover limit, future fees are paid at the standard rate, but nothing already paid is clawed back. If the patent or application is transferred to a company that does not qualify — the usual exit — the difference between the reduced fees paid and the standard fees becomes payable. Acquirers know to look for this. There is a separate guide to Form 28.
Expedited examination
An ordinary Indian application waits for an examiner for years. A startup can ask for expedited examination, which puts the application in a shorter queue and typically brings a first report within months rather than years. The request is made on the prescribed form with the reduced fee of ₹8,000, either with the request for examination or after it, and the application must have been published — so a request for early publication usually goes in alongside it.
Whether to use it is a business decision. A granted patent early is useful for fundraising, for licensing and for deterring copying. It also means confronting the examiner’s objections early, and paying to answer them, at a stage when the company may prefer to keep the application pending and its options open. Startups that want a granted patent before a funding round take it; those filing defensively often do not.
The SIPP scheme
The Scheme for Facilitating Startups Intellectual Property Protection was launched in 2016 to pair recognised startups with empanelled facilitators — patent agents and lawyers — whose professional fees for drafting, filing and prosecution were paid by the government, leaving the startup to pay only the official fees. It was extended several times.
Its most recent notified term ended on 31 March 2026. At the time of writing no extension or replacement has been announced, and startups that had not begun a filing under the scheme by that date cannot use it. The fee reduction and expedited examination are written into the Patents Rules and do not depend on the scheme; they continue.
What to file first
A provisional specification, usually. It secures a filing date for what the company has so far, costs the reduced filing fee, and buys twelve months to develop the invention, test the market and raise money before a complete specification with claims has to be filed. The twelve months are not extendable, and a provisional that is not followed by a complete specification lapses.
The reason to file before anything else is disclosure. An invention shown at a demo day, described in an investor presentation without a confidentiality agreement, posted online or sold to a first customer is published, and a patent application filed afterwards fails for lack of novelty. India allows a grace period only in narrow circumstances, and it is not something to plan around. File first, then talk.
Search before filing. A short prior-art search establishes whether the idea is new, and shapes what the application claims. It is cheap relative to a filing that goes nowhere.
Who owns it
A startup’s inventions are made by its founders, its employees and, often, contractors. The company owns none of them automatically.
- Founders who invented before incorporation own the invention personally until they assign it to the company. Investors will ask for that assignment.
- Employees — the company owns what they invent in the course of employment only if the employment contract says so. Most early-stage contracts do not.
- Contractors and freelancers own what they create unless the engagement assigns it.
Every application filed by the company for someone else’s invention needs proof of right — the inventors’ declaration on the application form, or an assignment — within six months of filing. Getting signatures from a co-founder who has since left is the classic scramble. Assignment clauses in every founder, employment and contractor agreement, signed before the work starts, are the fix.
Filing abroad
A startup with any foreign ambition should decide early where it wants protection, because the choice has a clock. A foreign application claiming priority from the Indian filing must be made within twelve months; a PCT application within the same twelve months keeps the option open for up to thirty-one months in most countries.
And an Indian resident cannot simply file abroad first. Either the Indian application is filed and six weeks pass, or a foreign filing licence is obtained from the Patent Office. Filing abroad without one has serious consequences, including the Indian application being refused. Founders who build the product in Chennai and file in Delaware because the investors are there trip over this regularly.
What investors look at
Due diligence on a startup’s patents asks a short list of questions: Is the application in the company’s name? Did every inventor assign? Was it filed before the first public disclosure? Is it still alive — request for examination filed, deadlines met, renewals paid? Has anyone filed a pre-grant opposition? A company that can answer all of them cleanly is unusual, and it shows.
Frequently asked questions
Do startups get a discount on patent fees in India? Yes. A startup recognised by DPIIT under the Startup India scheme pays the reduced rate — about 80% less than the standard fee at every stage, from ₹1,600 to file to ₹8,000 for expedited examination. It is claimed with a declaration on Form 28 and the recognition certificate.
Can a startup get its patent examined faster in India? Yes. Recognised startups can request expedited examination for a reduced fee of ₹8,000, which typically brings a first examination report within months instead of years. The application must have been published, so early publication is usually requested at the same time.
Is the SIPP scheme still running? Its most recent notified term ended on 31 March 2026 and, at the time of writing, no extension or replacement had been announced. The fee reduction and expedited examination are in the Patents Rules and continue regardless.
Should a startup file a provisional or a complete specification? Usually a provisional, to secure a date before any disclosure and buy twelve months to develop the invention and raise money. A complete specification must follow within the twelve months, which cannot be extended.
Who owns an invention made by a startup founder or employee? The inventor, unless there is an assignment. The company owns employee inventions only where the employment contract provides for it. Every founder, employee and contractor agreement should assign inventions to the company, and the company needs proof of right from the inventors within six months of filing.
Can an Indian startup file a patent application in the US first? Not without either filing in India first and waiting six weeks, or obtaining a foreign filing licence from the Indian Patent Office. Filing abroad without doing one of the two can lead to the Indian application being refused.
Useful official resources
- Startup India — recognition — apply for DPIIT recognition
- IP India — patents — forms, fees and the expedited examination request
See our related notes on claiming the reduced rate on Form 28, requesting examination and the expedited track, provisional or complete specification, proof of right and the foreign filing licence.
Preparing for a funding round, or about to demo something that is not yet filed? Talk to us before the disclosure, not after.