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Patent Filing in India
Protect your invention with an Indian patent — provisional application, complete specification, and prosecution support for startups and innovators.
A patent gives you the exclusive right to make, use, sell, or import your invention in India for 20 years from the filing date — preventing competitors from copying your innovation without your permission. India is a signatory to the Patent Cooperation Treaty (PCT), meaning an Indian patent application can serve as the basis for international patent protection in 150+ countries.
DPIIT-recognized startups receive an 80% rebate on patent filing fees and fast-track examination — making patent protection far more accessible than most startups realize. AAA Global LLP assists with provisional and complete patent applications, coordination with patent agents, and DPIIT-linked fee rebate claims.
Types of Patent Applications
- Provisional application — File quickly to establish a priority date — gives you 12 months to file the complete specification. Used when the invention is not fully developed yet.
- Complete application — Full detailed specification with claims, abstract, and drawings. Can be filed directly (without provisional) or after a provisional application within 12 months.
- PCT international application — Filed under the Patent Cooperation Treaty — provides protection in 150+ countries through a single application. National phase entry required in each target country.
What Can Be Patented in India?
- Technical inventions — new products, processes, or improvements that are novel and inventive
- Chemical and pharmaceutical compounds — subject to strict patentability criteria in India
- Software with technical effect — pure software is not patentable; must be combined with hardware/technical effect
- Biotechnology — microorganisms, genetic sequences subject to specific criteria
- Novel — The invention must not have been disclosed publicly anywhere in the world before the filing date
- Non-obvious Must not be obvious to a person skilled in the relevant field
- Industrially applicable Must be capable of being made or used in an industry
- NOT patentable Mathematical methods, discoveries, mental acts, presentations of information, traditional knowledge
DPIIT Startup Patent Benefits
- 80% fee rebate Government fees reduced by 80% — from Rs. 1,600 (individual) to effectively Rs. 320 per request for startups
- Fast-track examination — Startups can request expedited examination — reducing the typical 3–5 year examination timeline significantly.
Frequently Asked Questions
01How long does it take to get a patent in India?
The complete patent grant process takes 3–7 years from application to grant in India — though provisional filing establishes your priority date immediately. DPIIT startups can use the expedited examination route to shorten this timeline.
02 What is the difference between provisional and complete patent application?
A provisional application is a quick, less detailed filing that secures your priority date — you have 12 months to file the complete specification. A complete application has full claims and specification. The patent is only granted on a complete application.
03 Can I file an Indian patent if my invention is already filed in another country?
Yes — if you have already filed in another country that is a Paris Convention member, you can claim priority in India within 12 months of the original filing date. We coordinate priority claims for international applicants.
Need Help ?
Contact Info
- +91 90150-53820
- info@aaaglobal.com