The outline of Indian patent protection — where to file, how priority works, when examination must be requested, and how a patent can be opposed or revoked. Two of the deadlines below have changed since this was written, and both are flagged.
Filing
Patent protection in India can be obtained by filing online or on paper at the patent offices in Mumbai, Chennai, Kolkata or New Delhi.
An application may be filed as an ordinary national application complying with the requirements of the Patents Act, 1970.
Convention and international routes
The Act allows applicants from countries that are signatories to an international, regional or bilateral treaty, convention or arrangement to have privileges in respect of patent protection in the same manner as their own country, provided India is a party and reciprocal protection is afforded.
- Convention applications: an applicant from a convention country may file in India within 12 months of the filing date in that country.
- PCT national phase: India became a member of the Paris Convention on 7 December 1998. An applicant may enter the Indian national phase within 31 months of the earliest priority date, on the basis of an international application filed with WIPO.
Request for examination
As stated at the time: a request for examination could be filed with the application or within 48 months of the filing date or earliest priority date.
This has changed. The Patents (Amendment) Rules, 2024 reduced the deadline to 31 months from the earliest priority date, with effect from 15 March 2024. That is the single most important update to this overview: the request for examination now falls due at the same point as PCT national phase entry, rather than seventeen months afterwards. Anyone working from an older checklist should re-verify pending matters against it.
Publication and opposition
Early publication may be requested by filing Form 9 with the prescribed fee. Once published, the application is open to pre-grant opposition.
- Pre-grant opposition is available from the date of publication.
- Post-grant opposition must be filed within one year of the date of grant.
Term and renewals
A patent is granted for a term of 20 years from the date of filing.
Renewal fees are payable only once the patent is granted, and must be filed within six months of grant for the period from filing to grant. They may then be paid annually or for the full term.
Note that a discount now applies where renewal fees are paid electronically and in advance for at least four years, introduced by the 2024 Rules.
Revocation and infringement
A patent may be revoked on a petition by any interested person, by the Central Government, or on a counter-claim in an infringement suit, on the grounds set out in Section 64 of the Patents Act.
As stated at the time, revocation petitions lay before the High Court or the IPAB. The IPAB was abolished in 2021, and revocation petitions and appeals from the Controller now lie before the High Courts — several of which, beginning with Delhi, have constituted dedicated Intellectual Property Divisions.
A suit for infringement may be initiated before the District Courts or a High Court, and commercial IP suits are now heard by the Commercial Courts and the commercial divisions of the High Courts.
The takeaways
- 12 months for a convention application, 31 months for PCT national phase entry.
- Request for examination is now due at 31 months — reduced from 48 by the 2024 Rules.
- Pre-grant opposition from publication; post-grant within one year of grant.
- 20-year term from filing, with renewals payable only after grant.
Frequently asked questions
How long is a patent valid in India? Twenty years from the date of filing the application.
When must a request for examination be filed? Within 31 months of the earliest priority date, following the Patents (Amendment) Rules, 2024 — reduced from the earlier 48 months.
When can a patent be opposed? Pre-grant opposition is available from the date of publication; post-grant opposition must be filed within one year of grant.
Where are revocation petitions filed? Before the High Courts, following the abolition of the IPAB in 2021, or by counter-claim in an infringement suit.