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
| Stage | What happens | Time |
|---|---|---|
| 1. Search | Prior-art search to test novelty, inventive step and industrial applicability before spending on filing | Before filing |
| 2. Provisional specification (optional) | Fixes an early filing (priority) date while the invention is still being developed | Complete specification due within 12 months |
| 3. Complete specification | Full description and claims that define the scope of protection | Within 12 months of a provisional |
| 4. Publication | Application published; early publication can be requested | 18 months from the earliest priority date |
| 5. Request for examination | Without it the application is not examined | Within 48 months of the priority/filing date |
| 6. Examination and response | First examination report, your reply and amendments, hearing if needed | Reply within the period set in the report |
| 7. Grant and renewal | Patent granted and published; yearly renewal fees | Term 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
- Protects the shape, configuration, pattern or ornamentation of an article made by an industrial process — not how it works; it must be new and original, and prior publication or sale anywhere defeats novelty
- Filed with the Designs Registry in a Locarno class; term 10 years, extendable by 5 years; file before you launch or exhibit the product
- A logo or brand mark is a trademark and artwork or software is a copyright — one product often needs all three
When someone copies — IP infringement and cease and desist
- Evidence first: dated screenshots, purchase invoices, registration certificates, first-use proof and a comparison chart of the copy
- Cease and desist notice: a lawyer's notice identifying your right, the infringement, the demand (stop, withdraw, account for sales) and a deadline; it also creates a record that the infringer was warned
- Platform takedowns: marketplaces and social platforms act on registered rights and a clear notice — often the fastest relief
- Suit: a commercial suit for injunction and damages in the High Court or commercial court; Section 12A of the Commercial Courts Act requires pre-institution mediation unless urgent interim relief is sought
- Passing off protects an unregistered mark by reputation, but registration makes the case simpler and faster
What we do
- Search, drafting briefs for patent agents, provisional and complete filings, response to examination reports, design filings
- Cease and desist notices, marketplace takedowns, mediation and injunction suits with our advocates in Delhi and Patna
- Portfolio planning with trademark classes and DPIIT recognition (fee rebates for startups)
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
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.