🇮🇳 South Asia

India IP Filing Guide

India is one of the world's most active patent and trademark jurisdictions. With four Patent Offices and a modernised IP system, India offers robust protection for innovations under the Patents Act 1970 (as amended), the Trade Marks Act 1999, the Designs Act 2000, and the Copyright Act 1957.

Paris Convention PCT Member Madrid Protocol

Filing Requirements

  • Name, address, status and nationality of applicant(s) and inventor(s)
  • Provisional or complete specification (description, claims, abstract, drawings)
  • Power of Authority in favour of Indian Patent Attorney (to be stamped in India)
  • Declaration as to inventorship within 1 month of filing
  • Proof of right from inventor within 6 months of filing
  • For conventional: DAS code or certified copy of priority document within 3 months
  • PCT National Phase: file within 31 months from priority date

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months (or on request)
  3. Request for Examination within 31 months from filing/priority date
  4. First Examination Report issued — 6 months to respond (3 months extension)
  5. Hearing with Controller if requested
  6. Grant of Letter Patent
  7. Annuities payable — 10% discount if paid 4+ years in advance
20
Year patent term
from filing date

Expedited examination available for startups, small entities, female inventors, Govt departments, and PPH-eligible applications.

Filing Requirements

  • Name, address, status and nationality of applicant(s)
  • Clear trademark image (for logos/device marks)
  • International class and goods/services description
  • Date of first use in India (if applicable)
  • Power of Attorney (no notarisation required)
  • For conventional: certified priority copy within 2 months

Registration Process

  1. Filing of application at Trade Marks Registry
  2. Examination — objections issued if applicable
  3. Reply to examination report
  4. Hearing (if Registrar not satisfied)
  5. Acceptance and publication in Trade Marks Journal
  6. Opposition period: 4 months from publication
  7. Certificate of Registration issued
10
Year registration
Renewable every 10 years

Key Features

  • Design must be novel, original and not disclosed prior to filing
  • Protects aesthetic aspects — not functional features
  • Paris Convention priority claim available within 6 months
  • India is a member of the Locarno Classification system
15
Year design term
10 years + 5 year extension

Key Facts

Patent Office 4 Offices — Delhi, Mumbai, Chennai, Kolkata
PCT Member Yes — national phase within 31 months
Madrid Protocol Yes — trademark via Madrid system
Patent Term 20 years from filing date
TM Term 10 years (renewable every 10 years)
Design Term 15 years (10 + 5 year extension)
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