Patent and Design Registration in India — Filing Steps, Timeline and Enforcing Your IP (Cease & Desist, Infringement)

Quick answer: An Indian patent application moves through a novelty search, a provisional or complete specification, publication 18 months from the earliest filing, a request for examination within 48 months, response to the examination report and grant; a provisional filing must be followed by a complete specification within 12 months, and a granted patent lasts 20 years from the filing date with annual renewal fees. A design registered under the Designs Act 2000 protects the shape, pattern or ornamentation of an article for 10 years, extendable by 5. When someone copies, the usual first step is a cease and desist notice; for commercial disputes a suit must generally be preceded by pre-institution mediation unless urgent interim relief is sought.

Last verified 5 October 2026 — rules on this page checked against the current notifications. We update it the day a rule changes.

Patent route — the timeline

StageWhat happensTime
1. SearchPrior-art search to test novelty, inventive step and industrial applicability before spending on filingBefore filing
2. Provisional specification (optional)Fixes an early filing (priority) date while the invention is still being developedComplete specification due within 12 months
3. Complete specificationFull description and claims that define the scope of protectionWithin 12 months of a provisional
4. PublicationApplication published; early publication can be requested18 months from the earliest priority date
5. Request for examinationWithout it the application is not examinedWithin 48 months of the priority/filing date
6. Examination and responseFirst examination report, your reply and amendments, hearing if neededReply within the period set in the report
7. Grant and renewalPatent granted and published; yearly renewal feesTerm of 20 years from filing

Startups, small entities and natural persons get reduced official fees and startups can request expedited examination; official fee amounts are quoted from the current schedule at filing. International protection runs through the PCT within 12 months of the first filing.

Design registration

When someone copies — IP infringement and cease and desist

What we do

Dates, forms and thresholds are quoted from the governing Act, rules and official portals; where a figure changes by notification or year, the page says so and we confirm it at filing rather than estimate.

Dishonoured cheque or unpaid dues? Section 138 timeline — notice in 30 days, complaint in 30 more.

After registration: assignment (TM-P ₹9,000), rectification (TM-O ₹2,700), Madrid filing and watch.

Talk to us before you file anything

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Frequently asked questions

What is a provisional patent application?

An early filing that fixes your priority date while the invention is developed; a complete specification must follow within 12 months.

How long does a patent last in India?

Twenty years from the filing date, subject to payment of yearly renewal fees.

When is a patent application published?

Eighteen months from the earliest priority date, or earlier if you request early publication.

What is the deadline to request examination?

Within 48 months of the priority or filing date; an application is not examined without the request.

How long does design registration last?

Ten years, extendable by five years.

Can I patent software or a business method?

Computer programmes per se and mere business methods are not patentable, but a technical solution implemented with software can be — a search and drafting review decides.

What is a cease and desist notice?

A lawyer's formal notice asking the infringer to stop, withdraw products and account for sales within a deadline, failing which a suit follows.

Is mediation compulsory before an IP suit?

For commercial disputes, pre-institution mediation under Section 12A of the Commercial Courts Act is required unless the suit seeks urgent interim relief.