Patent Registration

Overview

A Patent is a statutory right granted by the Indian Patent Office (IPO) under the Patents Act, 1970 giving the inventor exclusive rights to make, use, sell, and import the patented invention in India for 20 years from the filing date. In exchange, the inventor publicly discloses the invention in sufficient technical detail to enable replication (enablement requirement). Patent protection prevents competitors from commercially exploiting the patented technology without consent.

MFiling assists inventors, startups, research institutions, and corporations with the complete patent lifecycle: prior art search, provisional application filing (establishes priority date), complete specification drafting, Request for Examination (Form 18), response to First Examination Report (FER), and grant proceedings. DPIIT-recognised startups receive an 80% rebate on all IPO government fees, making patent filing highly affordable for early-stage innovators.

Government fees (individuals/startups): Rs.1,600 for provisional, Rs.1,600 for complete specification. Request for Examination: Rs.1,250. MFiling professional charges: from Rs.14,999 for provisional application preparation and filing.

Key Benefits

20-Year Exclusive Protection

Prevents any party from making, using, selling, or importing the patented invention without permission.

80% Fee Rebate for DPIIT Startups

DPIIT-recognised startups pay only 20% of standard patent filing fees — massive savings.

Patent Pending Status from Day 1

Filing a provisional application immediately gives "Patent Pending" status for marketing and investor presentations.

Valuable IP Asset for Fundraising

Patents significantly enhance company valuation, attract investors, and support licensing revenue.

International Filing Basis (PCT / Paris Convention)

Indian patent application is the basis for international PCT filings in 150+ countries within 12/31 months.

Competitive Moat

Prevents competitors from replicating your core technology — creates a durable competitive advantage.

Documents Required

Provisional or Complete Specification — Technical Description of the Invention

Abstract — 150–200 word summary of invention and advantages

Claims — Numbered statements defining the scope of protection (most critical part)

Drawings / Diagrams — Required for mechanical, electrical, and most chemical inventions

Form 1 (Application for Patent) with inventor and applicant details

Form 26 (Power of Attorney) authorizing MFiling to prosecute the application

Priority Document (for Convention / PCT applications claiming earlier foreign priority)

How it Works

Prior Art Search (Day 1–5)

Comprehensive search in IPO, Google Patents, Espacenet, and USPTO databases to assess novelty and patentability.

Provisional Application Filing (Day 5–7)

File provisional specification to establish priority date — gives "Patent Pending" status, 12 months to file complete.

Complete Specification Drafting (Weeks 2–10)

Prepare detailed technical description, claims, abstract, and drawings — most critical stage.

File Form 1 + Form 2 on IPO Portal (Within 12 months of provisional)

Submit complete specification on IPO e-filing portal with prescribed fee.

Automatic Publication (18 months) (18 months from priority)

Application published in Patent Journal 18 months after priority date — invention becomes public.

Request for Examination (Form 18) (Within 48 months)

File RFE within 48 months of priority date — triggers examination by IPO examiner.

First Examination Report (FER) Response (6 months to respond)

Examiner issues FER with novelty, prior art, and claims objections — respond within 6 months (extendable to 9).

Hearing (if required) (As scheduled)

If objections not resolved through written response, attend hearing before the Patent Controller.

Patent Grant (3–7 years total)

Patent granted if all objections resolved — grant published in Patent Journal. Annual renewal fees begin from Year 3.

Frequently Asked Questions

Can software be patented in India?

Software per se, mathematical methods, and business methods are excluded from patentability under Section 3(k). However, software that forms part of a technical invention solving a technical problem with a technical effect (e.g., a novel algorithm embedded in hardware that improves processing speed) may be patentable. The IPO examines whether the claim is directed to a technical improvement — if so, it may be allowed. MFiling advises on patentability assessments for software innovations before filing.

What happens if I disclose my invention before filing a patent application?

Public disclosure (presentation, publication, product launch, crowdfunding) before filing destroys novelty globally and makes the invention unpatentable in most countries. India provides a 12-month grace period for disclosures by the inventor — but this is NOT recognized in most other countries (US, EU, Japan). For global IP protection, always file before any public disclosure. MFiling advises on filing strategy to protect international rights before any disclosure event.

Is a provisional application sufficient to protect an invention?

A provisional application establishes a priority date and gives "Patent Pending" status, but provides no substantive protection by itself. The complete specification with claims must be filed within 12 months of the provisional. If not filed within 12 months, the provisional lapses and the priority date is lost. MFiling tracks all provisional deadlines and prepares complete specifications well in advance of the 12-month cutoff.

Service Price

₹14,999

Starting price · GST extra

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20-Year Exclusive Protection

Prevents any party from making, using, selling, or importing the patented invention without permission.

80% Fee Rebate for DPIIT Startups

DPIIT-recognised startups pay only 20% of standard patent filing fees — massive savings.

Patent Pending Status from Day 1

Filing a provisional application immediately gives "Patent Pending" status for marketing and investor presentations.

Valuable IP Asset for Fundraising

Patents significantly enhance company valuation, attract investors, and support licensing revenue.

International Filing Basis (PCT / Paris Convention)

Indian patent application is the basis for international PCT filings in 150+ countries within 12/31 months.

Competitive Moat

Prevents competitors from replicating your core technology — creates a durable competitive advantage.

Patent Registration

Overview

Key Benefits

Documents Required

How it Works

Frequently Asked Questions

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