At LegalSetu, we simplify the complex process of patent registration by offering expert legal support at every stage. From patent searches to grant of patents, our team ensures that all forms are accurately filed and timelines strictly followed. Here's how we help you secure your invention legally and efficiently:
LegalSetu starts with a thorough patent search to determine whether your invention is novel and not disclosed in the prior art (previous patents, publications, or known arts). This is important to establish whether your concept is patentable and to prevent rejection on examination.
Our professionals assist in preparing Form 2, which contains a provisional or full specification. A provisional specification describes the idea for obtaining an early priority date, and a full specification describes the technical details of the invention and the claims. LegalSetu makes your specification complete, precise, and patent-law-compliant.
LegalSetu submits Form 1, the formal application to register for a patent, with the Indian Patent Office. This contains details of the applicant and inventor. As soon as it is submitted, we send you the filing receipt—a document that shows your date and application number, reserving your rights from this date onwards.
We help file Form 3, which is a statement and undertaking for any foreign filing for the same invention. We also file form 5, which is an inventorship declaration. We get these filed within the legally required time limits to keep the application process on schedule.
Your application automatically gets published in the Indian Patent Journal 18 months from the date of priority. LegalSetu also has the option to request early publication, if required. Publication is important as it brings your invention out in the open and allows pre-grant opposition, if any.
In 48 months from the date of priority, LegalSetu submits Form 18, the Request for Examination. This starts the process of examination where a patent examiner examines your application for patentability requirements compliance.
Once the examiner issues a First Examination Report (FER), we assist you in preparing and filing a solid response to respond to objections or requirements. LegalSetu ensures all legal and technical amendments are completed within the six-month response duration (extendable by 3 months). The Patent Office might schedule hearings which require arguments followed by written submissions to be filed.
Once all objections are cleared and compliance is verified, the patent is granted by the Indian Patent Office. LegalSetu will inform you of the grant, and you will receive the official patent certificate, validating your sole rights for 20 years from the date of filing.
Note: Objections can be raised by patent examiners if the invention is not novel or not non-obvious, and the applicant needs to reply in turn to have proper patent protections. Preparation with access to patent databases prevents rejection and ensures compliance. Inventors pay fees regularly after patents are granted to keep protection and defend objections raised over the term of the patent.
Patent registration fees in India vary by applicant type and application, covering filing, examination, and other procedural costs. Starter plan is ₹5,999 plus govt. fees for basic filing and claim drafting. Standard plan is ₹9,999 plus govt. fees, includes patent search, expert advisory, and application management. Premium plan is ₹15,999 plus govt. fees, offers advanced analysis, senior attorney drafting, and strategic consultations. Timelines range from 4 to 20 days, depending on the plan.
The registration of the patent in India usually happens between 1 to 3 years from the time of the first filing to the actual grant, depending on the complexity of the invention and whether expedited procedure is applied or not. It starts with the filing of a provisional or full specification, and then publication, typically after 18 months unless early publication is particularly sought. After filing a request for examination (within 48 months), the Patent Office reviews the application and issues a First Examination Report (FER).
The applicants have to reply within 6 months, and a possible extension of 3 months. Objections being cleared and requirements fulfilled, the patent is issued for a 20-year period from the date of filing. Expedited examination, for startups, small entities, and women business entrepreneurs, can cut the time to 1–1.5 years. Payment of renewal fees on time is required in order to keep the patent valid. Parameters such as complexity in inventions, office workload, and pro-active measures such as early publication may have an important bearing on the time span.
In India, a patent remains valid for 20 years from the date of filing of complete specification. For applications filed under the Patent Cooperation Treaty (PCT) designating India, the 20-year term is calculated from the international filing date.
Patent applications are made on Form-1 accompanied by a provisional or full specification and the relevant fee before the respective patent office. Jurisdiction is identified on the basis of:
Jurisdictions of Patent Offices:
To keep a patent valid in India, annual renewal is required starting from the 3rd year after filing. If the fee isn't paid on time, a 6-month grace period is available, beyond which the patent lapses. However, it can still be restored within 18 months by filing a restoration application and proving the delay was unintentional. This process can be time-sensitive and complex and that's where LegalSetu steps in. We track your renewal dates, manage fee payments, and handle restoration filings (Form 15) on your behalf. Our legal experts ensure timely action, help respond to objections (if any), and minimise the risk of losing your rights due to missed deadlines.