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Patent Registration India

IP India provisional, complete, PCT entry.

Supplemental context for returnees — verify current rules with official sources. Watch source
Patent registration returning NRI founder India IP India.
Primary-source guidance for returning NRIs and families.
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The 60-second version

Patent registration protects inventions for 20 years — file provisional for priority date, complete within 12 months, request examination, and respond to FER objections.

Provisional patent buys 12 months — then complete or lose priority

Indian patent law grants 20-year monopoly for novel, non-obvious inventions with industrial application — file provisional specification to lock priority date cheaply.

Complete specification within 12 months of provisional — request examination within 48 months from priority or filing date.

Copyright lane for software UI: copyright guide; brand: trademark guide.

IP protection comparison

RightProtectsTerm
PatentInvention/process20 years
CopyrightCode/contentLife + 60 years
TrademarkBrand mark10 years renewable
Trade secretUndisclosed processWhile secret

Patent sequence

Step 1

Prior art search

IP India + Google Patents.

Step 2

Provisional file

Form 1 + Form 2 provisional.

Step 3

Complete spec

Within 12 months of provisional.

Step 4

Examination

Form 18 within 48 months.

Step 5

FER response

Reply to examiner objections.

Timeline

Provisional → 12m → Complete → Exam request → FER → Grant
PCT national phase must enter India within 31 months from priority.

Patent kit

  • Invention disclosure.
  • Drawings.
  • Inventor assignment.
  • Form 1.
  • Fee receipt.

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Software patents

Pure software algorithms often fail Section 3(k) — copyright may be better first step.

Quick visual

Patent registration returning NRI founder India IP India.
Patent registration protects inventions for 20 years — file provisional for priority date, complete within 12 months, re

Animated decision map

Patent registration returning NRI founder India IP India. Animated decision map.
The GIF shows the decision moving from broad question to documented action.

Community signal

What to watch in real discussions

Search community threads for the exact phrase, then treat repeated complaints as risk signals rather than official advice.

Open nofollow community search ->

Interactive checkpoint

Turn this guide into a decision file

0 of 4 checked

US provisional first?

PCT or Paris Convention within 12 months preserves priority.

Startup?

MSME/startup fee concession on official fees — verify notification.

Employee invention?

Employer owns unless contract says otherwise — file in company name.

Publication before filing?

Prior publication destroys novelty — file before demo day.

Cost?

Provisional ~₹1,600–8,000 official; attorney fees extra.

Timeline to grant?

3–5 years typical after examination request.

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