Getting a patent in India usually takes 2 to 5 years from filing to grant under normal examination. With expedited examination (Form 18A), available to startups, small entities, women applicants and some others, a patent can be granted in about a year. The main stages are filing, publication after 18 months (or about a month with early publication), a request for examination within 31 months, the First Examination Report, your reply within 6 months, and grant.
"How long will my patent take?" is usually the first question an inventor asks after "Can I patent this?". The honest answer depends on two choices you control: whether you ask for early publication and whether you qualify for expedited examination. This guide sets out each stage, the deadline the law gives you, and what really takes the time.
Patent timeline in India at a glance
| Stage | What happens | Time limit or typical time |
|---|---|---|
| 1. Filing | You file a provisional or complete specification (Form 1, Form 2) | Day 0: your filing (priority) date |
| 2. Complete specification | If you filed a provisional, you file the complete specification | Within 12 months of the provisional |
| 3. Publication | The application is published in the Patent Office Journal | 18 months from priority, or about 1 month after an early publication request (Form 9) |
| 4. Request for examination | You ask the Patent Office to examine (Form 18 or 18A) | Within 31 months from priority |
| 5. First Examination Report (FER) | The examiner lists objections | After your request reaches the examiner; often more than a year under normal examination |
| 6. Reply to the FER | You answer the objections and amend the claims | Within 6 months of the FER, extendable by 3 months |
| 7. Hearing (if needed) | You argue any remaining objections before the Controller | Written submissions within 15 days of the hearing |
| 8. Grant | The patent is granted and published | Not before 6 months from publication (the pre-grant opposition window) |
Normal vs expedited examination
| Normal examination (Form 18) | Expedited examination (Form 18A) | |
|---|---|---|
| Typical time to grant | About 2 to 5 years from filing | Can be about 1 year from the request |
| Who can use it | Everyone | Startups, small entities, women applicants, government bodies and some others, or applicants who chose India as search authority in a PCT application |
| Publication | 18 months, unless you request early publication | Must be published, so early publication is needed |
| Official fee (individuals, startups, small entities) | ₹4,000 | ₹8,000 |
Use our patent fee calculator to compare the two routes for your applicant type.
What actually takes the time
- Waiting for publication. Without a Form 9 request, nothing is published until 18 months from your priority date.
- The examination queue. Normal applications are examined in the order requests are filed, and some fields have longer queues.
- Objections. Almost every application gets a First Examination Report. A weak reply leads to a hearing and more months.
- Your own deadlines. Using the full 12 months for the complete specification and 31 months for the examination request adds years before examination even starts.
How to get your patent faster
- File a well-drafted complete specification early, instead of waiting the full 12 months after a provisional, if the invention is ready. See provisional vs complete specification.
- Request early publication (Form 9) so the application is published in about a month.
- Request examination at once, and use expedited examination (Form 18A) if you are a startup, small entity or woman applicant.
- Search before you file. A patentability search lets you draft claims around the closest prior art, so the examiner raises fewer objections.
- Reply to the FER thoroughly and on time. A complete examination reply can avoid a hearing altogether.
Are you protected while you wait?
Partly. Once your application is published, you have rights against anyone who copies the invention from that date, but you can only sue after the patent is granted. That is one more reason startups often choose early publication and expedited examination.
Your patent lasts 20 years from the filing date, not from the grant date, so time spent in examination comes out of your 20 years. Renewal fees are due every year from the third year.
Plan every date for your own application with our free patent deadline calculator.
Frequently asked questions
How long does a patent take in India?
Usually 2 to 5 years from filing to grant under normal examination. With expedited examination, a patent can be granted in about a year.
Can I get a patent in India in 1 year?
It is possible with expedited examination (Form 18A), which is open to startups, small entities, women applicants and some others, combined with early publication and a strong reply to the examination report.
When must I request examination of my patent?
Within 31 months from the priority date, using Form 18 (normal) or Form 18A (expedited). If you miss it, the application is treated as withdrawn.
How long do I have to reply to the First Examination Report?
Six months from the date of the FER, which can be extended by up to three months on request.
When does patent protection start in India?
The patent term runs for 20 years from the filing date. You gain rights against copiers from the publication date, but can enforce them in court only after grant.
This guide is general information, not legal or tax advice. Rules and thresholds change; speak to an expert about your situation.