Patent Drafting.
Specification and claims drafting for buyers who need both drafting and filing, or drafting alone where filing follows in India or abroad.
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File a Patent in India
You have a drafted specification and need to file it in India, whether as an Indian inventor or company, a foreign applicant entering on Paris Convention priority, or a foreign IP firm instructing Indian filing. This page covers what the filing involves: identity and proof-of-right checks, foreign filing licence screening for Indian residents, formality compliance, and Indian Patent Office submission. Drafting is handled separately under Patent Drafting; filing is led by Registered Indian Patent Agents in Bangalore.
Speak to a Patent AgentProvisional and Complete Filing
Proof-of-Right Checks
Foreign Filing Licence Screening
Convention Priority Filing
Indian Patent Office Submission
STATUTORY TIMELINE
Patent Filing Timeline: India
File ApplicationDay 0Provisional or complete specification
Automatic Publication~18 monthsFrom filing / priority date
Request for ExaminationWithin 31 monthsRFE must be filed separately
First Examination Report+12–24 monthsAfter RFE is filed
Patent Grant~3–6 years totalAfter addressing FER objections
What patent filing in India covers
Intepat handles Indian patent filing across the principal routes under the Patents Act, 1970. Which route fits depends on disclosure status, foreign filing intent, and claim-scope maturity.
Provisional applications
Secure a priority date while the invention is still under development. A complete specification must follow within 12 months; the deadline cannot be extended.
Complete specifications
Full applications with claims, description, abstract, and drawings, filed where claim scope is mature.
Convention applications
Indian filings claiming Paris Convention priority from an earlier foreign first filing, made within the 12-month priority window.
Divisional applications and patents of addition
Cover plurality carve-outs and improvements to a parent application respectively.
Scope of engagement covers route advice, verification, foreign filing licence screening, formality compliance, electronic submission, and a written post-filing brief.
The Indian patent filing process
1
Filing
The application is submitted electronically through the Indian Patent Office. A provisional secures a priority date and starts the 12-month clock for the complete. A complete or convention proceeds toward publication and examination.
2
Publication
Indian applications are ordinarily published in the Official Patent Journal 18 months from the priority date, unless early publication is requested. Publication opens the window for pre-grant opposition.
3
Request for Examination
The request must be separately filed. For applications filed on or after the Patents (Amendment) Rules, 2024, the period is 31 months from the priority date; earlier applications follow the 48-month period.
4
First Examination Report
The Controller issues a report with objections on novelty, inventive step, sufficiency, clarity, and other grounds.
5
Response
The applicant must respond within 6 months from the date of issue, extendable by 3 months on request. Response is handled under Patent Prosecution in India: Examination, Opposition and Portfolio Handovers.
6
Grant
Where objections are addressed, the patent is granted and published. Grant timing varies with examination workload, objection complexity, and opposition status.
How Intepat handles patent filing
Filing begins with intake checks. Applicant identity, inventor identity, and the proof-of-right chain are verified before any document is prepared. Where the applicant is not the inventor, supporting documentation (assignment deed, employment agreement excerpt, board resolution) is reviewed for adequacy.
Foreign filing licence screening follows. Where the applicant is an Indian resident and foreign filing is contemplated, the licence position is assessed at intake and flagged before filing strategy is fixed. Licence application preparation itself is delivered under the consolidated prosecution and maintenance service.
The statement on corresponding foreign applications is prepared concurrently. The applicant’s continuing duty to keep the Indian Patent Office informed of foreign-filing developments runs from the Indian application date through prosecution.
Route selection, entity classification, and formality compliance complete the pre-filing work before electronic submission. Intepat then issues a written post-filing brief covering filing details, the priority date, and upcoming statutory deadlines.
Documents and inputs required
A polished application package is not required to start. The drafted specification is the substantive core; the rest can be assembled during the engagement.
Minimum to begin filing
Drafted specification
With claims, description, abstract, and drawings where the invention requires them. Where drafting is also needed, Patent Drafting is the upstream service.
Inventor details
Legal names, addresses, and nationalities for each named inventor.
Applicant details
Legal entity, address, and category (small entity, large entity, startup, educational institution) for fee classification.
Disclosure history and timing
Any prior public disclosure, planned launch or publication date, and intended foreign filing schedule.
Required before filing where applicable
Proof of right
Where the applicant is not the inventor: assignment deed, employment agreement excerpt, or board resolution.
Power of Attorney
Authorising the patent agent to file and prosecute.
Declaration of inventorship
Signed by the named inventors.
Statement on corresponding foreign applications
Where corresponding applications have been filed abroad.
Foreign filing licence
Where the applicant is an Indian resident filing abroad either before the Indian filing or inside six weeks of it.
Priority document
For convention applications, certifying the foreign first filing.
Translations and sequence listings
Where the original specification or supporting documents are not in English; sequence listings for biotechnology and pharmaceutical applications where required.
Common pitfalls Intepat protects against
Missed 12-month provisional-to-complete deadline
A provisional not converted within 12 months results in deemed abandonment and loss of priority. The window cannot be extended; tracking starts the moment the provisional is filed.
Foreign filing licence gap
Indian residents who file abroad without complying with the foreign filing requirement (either by securing a licence or by filing in India and waiting six weeks) face three consequences. These are: deemed abandonment of the Indian application; potential revocation of any patent later granted on a contravening application; and penal consequences for the applicant. The licence position is screened at intake.
Inadequate proof-of-right chain
Where the applicant is not the inventor, the chain of right must be traceable through assignment, employment terms, or institutional policy. Gaps create standing risk at enforcement and complicate later assignment recordal.
Incomplete inventor capture
Omitting a contributing inventor at filing (a co-founder, consultant, employee, or university collaborator whose contribution shaped the inventive concept) creates standing risk and a downstream corrective-inventorship proceeding. A structured inventorship interview at intake protects against capture errors.
Gaps in the statement on corresponding foreign applications
Indian applicants are under a continuing duty to keep the Indian Patent Office informed of corresponding foreign filings. Failure to update can affect prosecution. The statement is prepared at filing and updated as foreign-filing developments arise.
Who this is for
Indian inventors and founders filing on self-drafted or externally drafted specifications. DPIIT-recognised startups qualify for concessional official fees; see IP for Startups.
Indian companies and R&D enterprises with internal or external drafting capability needing Indian filing execution and portfolio coordination.
Universities, research institutions, and funded R&D teams with institutional applicant requirements, joint-inventorship protocols, and grant-funded ownership considerations.
Foreign applicants entering India through Paris Convention priority on foreign-drafted specifications. PCT national phase is handled separately.
Foreign IP firms instructing Indian filing under instruction-based engagement, with a single point of contact in Bangalore.
Related IP services
Patent Filing in India FAQs
What does the Indian patent filing service cover, and what is excluded?
Included: route advice, applicant and inventor verification, proof-of-right chain review, foreign filing licence screening at intake, the statement on corresponding foreign applications, formality compliance, Indian Patent Office submission, and a post-filing brief. Excluded: specification drafting (handled under Patent Drafting); foreign filing licence preparation, examination response, opposition, and renewals (handled under Patent Prosecution in India: Examination, Opposition and Portfolio Handovers); PCT international filing; and courtroom litigation, which is not handled at the firm.
Can I file in India on a specification drafted abroad?
Yes. The filing service routinely accepts foreign-drafted specifications from foreign patent agents, foreign in-house R&D teams, and inventor-self-drafted sources. Where claim formats or specification structures are unusual under Indian practice, Intepat may recommend a pre-filing review as a separate scope item. Convention applications additionally require a certified copy of the foreign priority document.
What is the 12-month provisional-to-complete deadline?
12 months from the provisional filing date, with no extension available. If the complete is not filed inside that window, the application is deemed abandoned and the priority date is lost. Where multiple provisionals cover related inventions, they can be consolidated into a single complete, provided each provisional sits inside its own 12-month period measured to the consolidation date and the consolidated claims are supported by the disclosures.
Do I need a foreign filing licence?
Yes, if you are an Indian resident filing abroad either before the Indian filing or inside six weeks of it. The licence is obtained from the Indian Patent Office, which is required to dispose of the request within 21 days, subject to defence and atomic-energy provisos. Filing abroad without complying may result in deemed abandonment of the Indian application, revocation of any patent later granted, and penal consequences. Licence application preparation is delivered under Patent Prosecution in India: Examination, Opposition and Portfolio Handovers.
Who can be named as inventor and applicant?
Inventors are the natural persons who conceived the inventive contribution claimed, not those determined by seniority, title, or ownership. A company cannot be named as inventor. Applicants may be the inventor, the inventor's assignee (often a company under employment terms or assignment), or a legal representative; joint applicants are accepted. Inventorship is captured at intake and verified at filing.
What is the typical filing-stage timeline?
Filing itself happens within days of intake completion. The procedural arc to grant takes years; this service ends at filing and the post-filing brief. Later stages run under Patent Prosecution in India: Examination, Opposition and Portfolio Handovers.
Outline Your Patent Filing Requirements
Send your details and a Patent Agent will respond within one business day. All consultations are confidential.