Patent filing for startups in India costs about 80% less in official fees for DPIIT-recognised entities, but fees are not the only thing that matters. A single public disclosure before filing, or an overseas application filed without the correct permission, can defeat an Indian patent before protection begins. This guide covers the eight things a startup founder needs to know.
- AT A GLANCE
- File before public disclosure.
- India has no general grace period for an inventor’s own voluntary public disclosure.
- A provisional specification can secure an early priority date, but only for what it actually discloses.
- DPIIT-recognised startups, small entities, natural persons, and educational institutions pay lower official fees. Where the applicant claims startup, small-entity, or educational-institution status, Form 28 must be filed with each fee-bearing document.
- Residents in India must obtain a foreign filing licence before filing abroad, unless the same invention was first filed in India at least six weeks earlier and no secrecy direction is in force.
- The current RFE deadline is 31 months from the priority date or filing date, whichever is earlier, subject to a transitional rule for applications filed before the 2024 amendment.
This guide covers India under the Patents Act 1970 and Patents Rules 2003, with relevant international points where they affect the India filing decision.
Is My Startup’s Invention Patentable in India?
Under the Patents Act 1970, an invention must be a new product or process that involves an inventive step and is capable of industrial application. “Inventive step” means the invention shows a technical advance compared to what is already known, or has economic significance, and is not obvious to a person skilled in that field.
The Act also lists what is not patentable. Two exclusions are especially relevant for startups. First, a computer programme per se, a mathematical or business method, or an algorithm is not patentable under Section 3(k). A software startup can still obtain patent protection where the claimed invention produces a technical effect or technical advance that goes beyond the computer programme itself, but the boundary matters and a patentability analysis before filing is worth the time. The CRI Guidelines 2025 set out the Patent Office’s examination framework for computer-related inventions, though they do not override the Patents Act or Rules.
Second, the mere discovery of a new form of a known substance that does not result in enhanced efficacy is not patentable under Section 3(d). This is significant for life-science and pharmaceutical startups evaluating whether a new formulation supports a patent claim.
Before filing, a prior art and patentability search confirms whether the invention clears these bars. The broader patent law framework in India sets out how these requirements interact across the filing and grant process.
Why Disclosing Too Early Can Defeat Your Patent
India has no general grace period for an inventor’s own voluntary public disclosure. If a startup founder describes the invention at a demo day, posts about it publicly, or presents it at a conference before filing a patent application, that disclosure enters the state of the art and can be cited against the application in examination. The novelty requirement in Indian patent law is assessed as of the priority date: the invention must not have been anticipated by publication anywhere in the world before that date.
The Act does contain narrow savings in Sections 29 to 34. Section 29 saves a disclosure that was made without the inventor’s consent and where the inventor filed the application as soon as reasonably practicable after learning of it. Section 31 saves a display at a government-notified exhibition, or the description of the invention in a paper read before a learned society or published in its transactions, provided the application is filed within 12 months of the exhibition opening or the reading or publication of the paper and the procedural steps under Rule 29A and Form 31 are followed. Section 32 saves public working of the invention in India within one year before the priority date, where the working was for reasonable trial only and it was reasonably necessary for it to be in public. These are narrow, conditional exceptions, not a general one-year window.
The practical rule for a startup is simple: file first, disclose after. Where pitching or fundraising before filing is unavoidable, a non-disclosure agreement signed by each party before the conversation provides some contractual protection, but it does not substitute for a filed patent application if the information reaches the public.
| PRACTITIONER NOTE |
| Sharing your invention with an investor under NDA is not a public disclosure and does not ordinarily raise a novelty objection. What matters is whether the information reaches persons who are not under an obligation of confidence. |
What Patent Filing for Startups in India Actually Costs
Patent filing for startups in India is significantly cheaper than for other entities, but the official fees are not a single number: they scale with the number of pages in the specification and the number of claims beyond the base limits.
The starting point is the First Schedule to the Patents Rules 2003, verified as of June 2026.
| Step | Form | Startup / Small Entity (e-filing) | Others (e-filing) |
| Application + provisional or complete specification (up to 30 pages, up to 10 claims) | Form 1 | Rs 1,600 | Rs 8,000 |
| Each sheet of specification beyond 30 | Form 1 | Rs 160 | Rs 800 |
| Each claim beyond 10 | Form 1 | Rs 320 | Rs 1,600 |
| Request for examination | Form 18 | Rs 4,000 | Rs 20,000 |
| Expedited examination | Form 18A | Rs 8,000 | Rs 60,000 |
| Claiming startup / small-entity status | Form 28 | No fee | N/A |
Physical filing attracts a higher fee (Rs 1,750 for a startup vs Rs 8,800 for others for the base application) and is not permitted for expedited examination. A startup, small entity, or educational institution must file Form 28 alongside each fee-bearing document to claim the reduced fee; natural persons qualify for the lower fee scale without Form 28.
The fee concession applies throughout the life of the application. If a DPIIT-recognised startup subsequently ceases to qualify because the recognition period lapses or turnover crosses the threshold, no top-up fee is payable on applications already filed while the entity held startup status. This protection does not extend to assignment: if the application is transferred to a non-eligible entity, the new applicant must pay the differential fee at the time of transfer.
The fees above cover official charges only. Professional fees for a patent agent or attorney are additional and vary with the complexity of the specification and the prosecution that follows.
Who Qualifies for the Startup Patent Fee Concession?
The reduced fee scale applies to four categories of applicant: DPIIT-recognised startups (entities recognised by the Department for Promotion of Industry and Internal Trade under the Startup India initiative), small entities as defined under the MSME Development Act 2006, natural persons, and educational institutions.
A startup that is not yet DPIIT-recognised may still qualify for the lower fee scale if it satisfies the “small entity” definition under Rule 2(fa) of the Patents Rules. For Indian applicants, Form 28 is usually supported by MSME/Udyam registration evidence, though the Rules specify the eligibility criteria rather than mandating a particular document. Eligibility should be checked before each fee-bearing filing.
NOTE The concession should not be claimed casually. A startup or small entity must verify its eligibility before each fee-bearing filing; the Form 28 declaration carries legal consequences if made incorrectly.
File a Provisional Specification to Lock Your Date
A startup that has an invention in progress, not yet reduced to a complete description, can file a provisional patent application under Section 9 of the Patents Act. The provisional specification does not require the full claims that a complete specification must carry. It establishes a priority date for the invention described in it.
The complete specification must then be filed within 12 months of the provisional filing date. If the complete specification is not filed within that period, the application is deemed abandoned under Section 9(1). There is no provision to extend this 12-month window.
| PRIORITY DATE SCOPE Critical: |
| the priority date secured by a provisional specification applies only to claims in the complete specification that are fairly based on what the provisional actually discloses. Features added for the first time in the complete specification take the complete-specification date as their priority date, not the provisional date. A provisional that describes only the outline of the invention without the details needed to support specific claims may not provide the protection a founder expects. |
The strategic value of the provisional route is straightforward: it gives a startup a fixed priority date with lower drafting costs and more time to develop the invention, conduct market validation, or raise seed funding before committing to the full specification and claims.
| PRACTITIONER NOTE |
| The priority date secured by the provisional also anchors any overseas filings within the Paris Convention’s 12-month priority window. A startup considering US, EU, or other overseas protection needs to plan those filings within 12 months of the India provisional date. |
Filing Abroad? Get a Foreign Filing Licence First
| WARNING |
| This is the most significant compliance trap for startups that move quickly on overseas patent applications without first understanding the India requirement. |
Section 39 of the Patents Act 1970 prohibits any person resident in India from applying for a patent outside India without either: (a) a written permit from the Controller, or (b) having filed an application for the same invention in India at least six weeks before the overseas application, with no secrecy direction in force on the Indian application.
The consequence of getting this wrong is severe. Under Section 40, a contravention of Section 39 renders the Indian patent application deemed abandoned, and any patent already granted in India is liable to be revoked under Section 64. The overseas filing may also create compliance and enforceability concerns, depending on the foreign jurisdiction and the factual record.
A foreign filing licence (also commonly searched as foreign filing license) is obtained through Form 25. This is the correct route where a startup wants to file abroad before the six-week waiting period has elapsed. Under Rule 71, the Controller must dispose of the request within 21 days of filing, though inventions touching defence or atomic energy require prior Central Government consent and may take longer.
Section 8 of the Act separately requires the applicant to file a statement of corresponding foreign applications in Form 3 within six months of filing. Under Rule 12, the applicant must then update the Controller on subsequent foreign applications within three months of the first statement of objections. The Controller may also use accessible databases to verify foreign-application information, or may direct the applicant to furnish a fresh Form 3 statement within two months. For startups filing in multiple jurisdictions, Section 8 compliance should be treated as an active item. Maintain a foreign-filing tracker showing country, application number, filing date, and current status so that Form 3 information can be updated when required.
Where international coverage is the goal, the Patent Cooperation Treaty (PCT) route allows a startup to file a single international application that defers individual national-phase costs while securing a filing date in over 150 countries. The PCT filing route for Indian startups covers how this works in practice. A full guide to the foreign filing licence procedure sets out the Form 25 application process step by step.
Filing Is Not Enough: You Must Request Examination
Filing a patent application does not trigger automatic examination. The application is published at 18 months from the priority date (or the filing date, whichever is earlier) under Rule 24 and Section 11A, but examination only begins when the applicant, or any other interested person, files a request for examination.
Under Rule 24B(1)(i) and Section 11B, the request for examination must be filed in Form 18 within 31 months from the priority date or the filing date, whichever is earlier. If the deadline is missed, the application is treated as withdrawn under Section 11B. There is no provision to revive an application that lapses on this ground in the ordinary course. For applications filed before the Patents (Amendment) Rules, 2024 came into force, the earlier RFE period may continue to apply.
DPIIT-recognised startups are entitled to request expedited examination under Rule 24C using Form 18A. In the expedited stream, the examiner ordinarily makes the first examination report within two months of the Controller’s reference, compared to three months in the standard stream. The expedited examination fee for a startup is Rs 8,000 (e-filing), compared to Rs 60,000 for other entities. The standard request-for-examination fee is Rs 4,000 for a startup and Rs 20,000 for others, so expedited examination costs a startup twice the standard fee but delivers a materially faster path to first examination.
Once examination begins, the applicant generally has six months from the first statement of objections to put the application in order for grant. This period can be extended by up to three months on a timely Form 4 request, before the six-month period expires. The total timeline from filing to grant ordinarily runs two to five years in the standard stream, with expedited applications typically resolving faster. The patent then runs for 20 years from the filing date under Section 53. Renewal fees are due annually from the third year of the patent onwards, beginning with the fee for the third year payable before the second year expires; non-payment causes the patent to cease to have effect.
A detailed breakdown of the examination process is at the patent request for examination guide. For the complete sequence from application to grant, the step-by-step patent filing procedure covers each stage.
What a Patent Actually Gives You
A granted patent under Section 48 of the Patents Act confers the exclusive right to prevent third parties from making, using, offering for sale, selling, or importing the patented product in India without the patentee’s consent. For a process patent, the same exclusivity covers the product obtained directly by that process.
This exclusivity runs for 20 years from the filing date and covers India only. For protection in other countries, separate national filings or PCT national-phase entries are needed. A startup that patents in India but not in its key export markets or in markets where competitors manufacture should plan its portfolio accordingly.
The patent also confers a property right that can be assigned, licensed, or pledged as security. Lenders, investors, and acquirers treat a granted patent as a verifiable asset. An application that has been published but not yet granted does not carry the same weight: the applicant has similar privileges and rights from the date of publication under Section 11A, but cannot institute infringement proceedings until the patent has been granted.
Your Pre-Filing Checklist
Before instructing a patent agent to draft the specification, a startup founder should be able to answer these questions:
- Has a prior art search been done to confirm the invention is novel and involves an inventive step?
- Has the invention been disclosed publicly in any form, including pitches, conference presentations, or social media, without a prior NDA?
- Is the filing going to be a provisional (to lock the date) or a complete specification, and does the provisional describe the invention in enough detail to support the specific claims planned?
- Is the startup DPIIT-recognised or does it qualify as a small entity, and is Form 28 ready to accompany each fee-bearing document (Form 28 is required for startup, small-entity, and educational-institution applicants; natural persons do not need it)?
- If a US, EU, PCT, or other overseas filing is planned before six weeks from the India filing date, has the foreign filing licence been granted (not merely applied for)?
- Have inventorship and ownership been documented before filing, and are written IP assignment obligations already in place with founders, employees, consultants, and vendors who contributed to the invention?
- Has the 31-month RFE deadline been calendared from the expected priority date?
- If expedited examination is being considered, has Form 18A and its fee been budgeted?
Answering these before the drafting starts avoids the most common and most costly early errors in startup patent filing in India.
QUICK REFERENCE
| Situation | What the startup should do |
| Need to pitch or demo tomorrow | File a provisional first, or use an NDA if filing is not yet ready |
| Planning to file in the US or EU first | Obtain a foreign filing licence (Form 25) before the overseas application |
| Filed a provisional specification | File the complete specification within 12 months |
| Application filed, waiting | Calendar the 31-month RFE deadline from the priority date |
| DPIIT startup or small entity | File Form 28 with each fee-bearing document |
Frequently Asked Questions
Yes. DPIIT-recognised startups, small entities, natural persons, and educational institutions pay significantly lower official fees under the First Schedule to the Patents Rules 2003. The base application fee for e-filing is Rs 1,600 for a startup or small entity, compared to Rs 8,000 for other entities. The request for examination costs Rs 4,000 against Rs 20,000. Startups, small entities, and educational institutions must file Form 28 (no fee) with each fee-bearing document to claim the concession; natural persons qualify without Form 28, verified as of June 2026.
Disclosing your invention publicly before filing risks defeating the patent application. India has no general grace period: a disclosure before the priority date can enter the state of the art and be cited against your application. The narrow exceptions in Sections 29 to 34 of the Patents Act cover specific situations such as non-consensual disclosure, government-notified exhibitions, learned-society papers, and reasonable-trial working, and are not a general safety net. The safest approach is to file, then disclose.
Under Rule 24B(1)(i) of the Patents Rules 2003, a request for examination in Form 18 must be filed within 31 months from the priority date or the filing date, whichever is earlier. For applications filed before the Patents (Amendment) Rules, 2024 came into force, the earlier RFE period may continue to apply. If the request is not filed in time, the application is treated as withdrawn under Section 11B. DPIIT-recognised startups may instead request expedited examination under Rule 24C using Form 18A.
Under Section 39 of the Patents Act 1970, a person resident in India may not apply for a patent outside India without a written permit from the Controller, unless an application for the same invention was filed in India at least six weeks earlier and no secrecy direction is in force. Filing overseas in breach of this requirement renders the Indian application deemed abandoned and any granted Indian patent liable to revocation under Section 64. A foreign filing licence (also commonly searched as foreign filing license) is obtained through Form 25. This is the correct route where a startup wants to file abroad before the six-week period has elapsed; it must be granted before the overseas application is filed.
Yes. A company that is not DPIIT-recognised as a startup may still claim the lower patent fee scale if it qualifies as a “small entity” under Rule 2(fa) of the Patents Rules and files Form 28 with supporting evidence. In practice, an Indian applicant typically supports this with Udyam registration evidence, though the Rules specify the eligibility criteria rather than mandating a particular document. The concession should not be claimed casually: eligibility must be verified before each fee-bearing filing, verified as of June 2026.
Not as a computer programme per se. Section 3(k) of the Patents Act excludes a computer programme per se, a mathematical method, a business method, and an algorithm from patentability. However, where the claimed invention produces a technical effect or solves a technical problem that goes beyond the programme itself, a patent may be available. The CRI Guidelines 2025 set out the Patent Office’s current examination framework for computer-related inventions, though they do not override the Act or Rules.
A patent granted under the Patents Act 1970 lasts for 20 years from the date of filing of the application, under Section 53. For a PCT application designating India, the 20-year term runs from the international filing date. Renewal fees are due annually from the third year; failure to pay the renewal fee within the prescribed period causes the patent to cease to have effect.
This article covers the legal position under the Patents Act 1970 and the Patents Rules 2003 as amended up to the Patents (Amendment) Rules 2024 (effective 15 March 2024). Fee figures are taken from the First Schedule to the Patents Rules 2003 and are verified as of June 2026. Official fees are subject to revision by notification; confirm current figures on the IP India portal before filing. This article is for information only and does not constitute legal advice. For guidance on your specific situation, consult a registered Indian patent agent or patent attorney.