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How long does it take to get a patent in India?

How long does it take to get a patent in India?

26-Sep-2025

Patent

Answer By law4u team

The time it takes to get a patent in India can vary widely depending on several factors, but under normal circumstances, it typically takes around 2 to 5 years from the date of filing the application to the grant of the patent. Here's a clear breakdown of the timeline and what affects it: 1. Filing the Patent Application You can file a provisional or complete specification with the Indian Patent Office. If you file a provisional application, you must file the complete specification within 12 months. The application gets a filing date, and from that point, the process starts. 2. Publication of the Patent Application The application is automatically published after 18 months from the date of filing or priority date, whichever is earlier. If you want faster publication, you can file a request for early publication. In that case, it usually gets published within 1 month of the request. 3. Request for Examination (RFE) A Request for Examination must be filed within 48 months from the date of filing or priority, whichever is earlier. The Patent Office won’t examine your application unless this request is made. After the RFE is filed, the Controller assigns it to an examiner. 4. Examination & First Examination Report (FER) Typically, the First Examination Report (FER) is issued within 12 to 24 months after the RFE. The examiner may raise objections regarding novelty, inventive step, clarity, or other formal/legal issues. 5. Response to FER & Prosecution You must respond to the FER within 6 months, extendable by 3 months. There might be hearings or further clarifications required, depending on the objections raised. If everything is in order, the application proceeds to grant. 6. Grant of Patent Once the Controller is satisfied, the patent is granted and published in the Patent Journal. The term of the patent is 20 years from the filing date, irrespective of the grant date. Factors That Can Speed Up the Process Expedited Examination: Available under certain conditions (e.g., startups, international applicants, or if the applicant designates India as ISA/IPEA). This can reduce the total time to as little as 1 to 1.5 years. Timely response to all communications from the Patent Office. Summary (Plain Language): If you follow the normal route, it usually takes about 2 to 5 years to get a patent in India. You can speed it up by using early publication and expedited examination options, especially if you're eligible as a startup or meet other qualifying criteria.

Answer By Anik

Dear Client, Obtaining a patent in India may take between 2 to 5 years from filing to grant as per the standard process, also report times of one to one and a half years’ from what I have seen for which the Patents Act 1970 is the regulator. The time which is to say we are at the behest of the IPO’s backlog which that includes that they have a lot of work and also the efficiency of how we, as the applicant, respond to their office actions also play into it. In India which includes Madhya Pradesh we have a uniform process which is relevant for software innovations like what we see in your AdsFlo platform which are technical in nature. Key Factors Influencing Duration Application type: Provisional applications get an early filing date but at 12 months’ time a full description is required. Expedited vs. normal: Startups and other eligible companies may use Form 18A for a faster review which in turn sees wait times reduced. Objections handling: Multiple iterations of report responses which are not addressed in the 6 month (extendable to 9) period may take up 3-6 months. Field-specific delays: Tech areas such as software may have greater degree of scrutiny for inventive steps. Step-by-Step Timeline Breakdown Here are the common stages which include their estimated durations:. Preparation and Filing: Draft out your application (provisional or full) after conducting a novelty search and file with the IPO; which may take 1 to 3 weeks for preparation and 1 to 2 days to file. Publication: Application is published in the Patent Journal for public review; it takes 18 months from filing (which may be reduced if requested). Request for Examination (RFE): File in which Form 18 for review is to be submitted; which must be done within 48 months of the filing date, best to do it early. Examination and First Examination Report (FER): IPO looks at what is novel and brings up objections; 6 to 12 months after RFE we see 1 to 3 years from filing. Response to Objections: Address outages related to FER which may require hearings; 6 month period which may be extended to 9 and also which includes time for revisions. Grant: If approved, patent will issue and publish; typically 2-5 year standard time or 1-1.5 year expedited for which after that, valid for 20 years including annual renewals. To speed up the process file fully, go for expedited if you are eligible and track via the IPO portal. For AdsFlo related patents (for example ad analytics algorithms) see that the claims put technical effects forward. Costs begin at ₹10,000 50,000 for filing; for details consult a patent attorney. I hope this answer helps you resolve your queries. If you have any doubts regarding this please contact our law firm. Thank you!