Timeline of a Patent Application in India: From Filing to Grant

Filing a patent is not an overnight process. In India, the journey from submitting your patent application to receiving a granted patent can take several years—and each stage has its own rules, deadlines, and opportunities.

Understanding the timeline of a patent application in India helps inventors, startups, and businesses plan strategically. Whether you’re seeking investors, preparing product launches, or protecting R&D, knowing the process can save time and prevent missed deadlines.

Let’s break down the timeline step by step.

Step 1: Patent Filing (Day 0)

You can file:

• Provisional application – if your invention is not yet finalized.

• Complete specification – full technical details with claims.

👉 Filing date is crucial because it establishes your priority date (who invented first).

Timeline impact: If you file a provisional application, you must file the complete specification within 12 months.

Step 2: Publication (18 Months from Filing/Priority Date)

By default, your application is published in the Patent Office Journal after 18 months from the filing/priority date.

• Early publication request can speed this up (published within 1 month of request).

• Publication makes your invention public but does not give you enforceable rights yet.

Step 3: Examination Request (Within 31 Months)

Unlike publication, examination does not happen automatically. You must file a Request for Examination (RFE) within 31 months of filing/priority date.

• If no request is filed within 31 months, the application is considered withdrawn.

• Earlier you file, earlier the examination starts.

Step 4: First Examination Report (FER) (12–24 Months After RFE)

Once the examination begins, a patent examiner reviews your application for:

• Novelty

• Inventive step

• Industrial applicability

• Compliance with Indian patent laws

The examiner issues a First Examination Report (FER) listing objections, if any.

👉 You must respond to the FER within 6 months (extendable by 3 months).

Step 5: Response and Hearing (6–12 Months)

You and/or your patent agent reply to the FER objections. This may involve:

• Amending claims

• Arguing differences from prior art

• Clarifying technical details

If objections remain, the Patent Office may call you for a hearing before the Controller.

Step 6: Grant of Patent

Once objections are overcome, the patent is granted and published in the Patent Journal.

From this point, you enjoy exclusive rights for 20 years from the filing date (subject to annual renewal fees).

Typical Patent Timeline in India

• Day 0 – Filing (provisional/complete)

• 18 months – Publication (can be earlier if requested)

• Up to 31 months – Request for Examination

• 12–24 months from RFE – First Examination Report

• 6–12 months – Response, hearings, final decision

• 3–5 years (average) – Patent grant

Fast-Track Options

• Expedited Examination is available for certain applicants (e.g., startups, female applicants, international applications designating India). This can cut the timeline drastically—sometimes to just 1–2 years.

Final Thoughts

The patent process in India is a marathon, not a sprint. While it usually takes 3–5 years, smart planning—like early publication and expedited examination—can speed things up.

Think of the timeline as a series of checkpoints, not roadblocks. Each stage gives you a chance to refine your application and strengthen your protection. With the right strategy and professional guidance, you can move smoothly from filing to grant.