top of page

Patent Filing


Patents are territorial. An Indian patent protects an invention only in India, and protection elsewhere needs a filing in each country or region. Where, when and by which route you file will shape your cost and coverage for years. We handle filings before the Indian Patent Office and international filings under the Paris Convention and the Patent Cooperation Treaty (PCT), for corporations, inventors and law firms.


What We Offer

  • Indian filings at all four Patent Office locations (Kolkata, Delhi, Mumbai and Chennai), including ordinary, convention and divisional applications, with provisional or complete specifications.

  • PCT national phase entry in India for foreign applicants.

  • PCT international applications filed with the Indian receiving office or WIPO.

  • Paris Convention applications in target countries within 12 months of the first filing.

  • Foreign filing permission (Form 25) under Section 39 for residents of India who want to file abroad before, or within six weeks of, filing in India.

  • Filing strategy on route, jurisdictions and timing, based on your markets and budget.


Our Approach

  1. Map the markets. We identify where you manufacture, sell and face competitors, and recommend jurisdictions accordingly.

  2. Choose the route. We compare the Paris Convention and PCT routes on cost, timing and flexibility for your situation.

  3. Prepare the papers. We prepare all forms, collect signatures and assignments, and track every document that can be filed later, so nothing lapses.

  4. File and coordinate. We file in India directly and coordinate national phase and Convention filings abroad through our partner attorneys, with K&K as your single point of contact.


Why Khurana & Khurana

  • One of India's leading PCT filers. We handle a high volume of PCT filings each year and know the timing pitfalls at each stage.

  • Worldwide coordination. Our partner network covers the USA, Europe, China, Japan, Korea and other key jurisdictions, so you receive one report and one invoice across countries.

  • Deadlines that do not slip. Every filing is docketed from day one, with advance alerts for each statutory deadline.


Documents Needed to File a Patent Application in India

  • Name, address and nationality of each applicant and inventor.

  • Provisional or complete specification, with claims, abstract and drawings, in English or Hindi.

  • Priority document and, where needed, its verified English translation (can be filed later).

  • Power of attorney (Form 26) signed by the applicant (can be filed later).

  • Proof of right from the inventors to the applicant, within six months of filing.

  • Statement and undertaking on corresponding foreign applications (Form 3), within six months of filing.


Key Patent Deadlines in India

Step

Deadline

Complete specification after a provisional

Within 12 months of the provisional filing

Publication

18 months from the priority or filing date. Early publication can be requested on Form 9.

Request for examination (Form 18)

Within 31 months of the priority or filing date, whichever is earlier

Updated Form 3

Within three months of the first examination report

PCT national phase entry in India

Within 31 months of the priority date

Statement of working (Form 27)

Once every three financial years, within six months of the end of that period

Renewal fees

Payable from the third year. Paying online in advance for at least four years earns a 10% fee reduction.

 

Paris Convention or PCT?

Every applicant seeking protection outside India must choose one of these two routes. The table compares them on filing, timing, cost and examination, to help you decide which suits your markets and budget.

Feature

Paris Convention

PCT

Filing

Separate national applications

One international application, national filings later

Deadline

12 months from the first filing

Usually 30 or 31 months from priority, depending on the country

Costs

Incurred in each country at once

Mostly deferred until national phase

Examination

Each country examines separately

International search report first, then national examination

Best for

Applicants who already know their target markets

Applicants who need time to assess commercial potential

 

Planning to file in India or abroad?

Contact us at info@khuranaandkhurana.com. We will compare the Paris Convention and PCT routes for your markets and give you a dated filing plan.


Download Pdf for more information

Patent Filing in India - Requirements and Timeline

Efficient and Reliable Patent Filing Services

Khurana & Khurana (K&K) delivers fast, efficient patent filing services for Indian and international clients, including corporates, inventors, and law firms. Known for swift filings and thorough reporting, K&K ensures deadlines are closely monitored and managed, providing clients with secure, timely filings worldwide.

TYPES OF PATENT APPLICATIONS
AT THE INDIAN PATENT OFFICE

Ordinary Application

First-time filing without priority claims; may include complete or provisional specifications.

Convention Application

Claims priority from applications filed in Paris Convention countries; must be filed within 12 months.

PCT International Application

Filed under the Patent Cooperation Treaty, either within 12 months of Indian filing or with a Foreign Filing License.

PCT National Phase Application

Enters the Indian National Phase within 31 months of priority or international filing date.

inventindiainnovationspvt.ltd_hyper_realistic_patent_document_t_5d56f4e8-8699-41d0-a405-46

FILING REQUIREMENTS

  1  

Applicant & Inventor Info​

Full name, address, and nationality.

  4  

Power of Attorney​

Original signed document; can be submitted post-filing.

  2  

Complete Specification

Submit spec, claims, abstract, and drawings in English.

  5  

Proof of Right

Transfer of rights from inventor to applicant

(Form 1 or notarized deed); due within six months.

  3  

Priority Document Translation

Verified English version; can be filed later.

  6  

Required Forms

Applicable forms provided to clients for signature.

  7  

Foreign Application Details

Form 3 for corresponding foreign patents, due within six months; notify of any status changes within six months.

IMPORTANT DEADLINES FOR INDIAN PATENT FILING

Request for Examination

Must be filed within 48 months of the earliest date (Priority or Filing Date). Examination occurs after publication, typically within 19 months of the earliest date.

Form 3 Filing

Required within six months of any action (filing, publication, or examination) on corresponding applications in other countries.

Working of Invention Statement (Form 27)

Must be filed annually by patentees and licensees within three months after the end of each calendar year, detailing commercial use in India.

PATENT PROSECUTION OVERVIEW

Patent prosecution involves the interaction between an applicant and the patent office to defend the inventor's rights through negotiation, making it a high-impact process. K&K recognizes the value of patents and offers comprehensive support throughout this process, including:

Response Preparation

Analyzing the invention and prior arts to meet patentability criteria.

Examiner Discussions

Engaging in detailed conversations with patent examiners.

Hearing Strategy

Developing effective strategies for hearings before the Controller.

The First Examination Report (FER) is typically issued within 12 months of filing the Request for Examination, contingent upon the application being published in the Indian Patent Journal.

COMPREHENSIVE PATENT PROSECUTION SERVICES

Prior Art Analysis

Technical evaluation of cited prior arts.

Application Status Tracking

Regular updates and monitoring of developments.

Examination Report Review

Detailed analysis for strong response strategies.

Response Drafting

Crafting effective replies to examination reports.

Amendment Strategy

Strategic modifications to enhance patent application.

Opposition Handling

Managing and defending opposed patents.

Revocation Prevention

Protecting the granted patent from cancellation.

Comprehensive Patent Support

Full guidance through all prosecution stages.

PRACTICE CONTACTS

Tarun_Khurana-removebg-preview_edited.png

Partner and Patent Attorney – Software / Electronics / Mechanical Group

Tapan_Saha-removebg-preview.png

Tapan Shah

Partner and Patent Attorney – Pharmaceutical – Life Sciences Practice Group

Rajesh_sir-removebg-preview.png

Rajesh Jain

Director – Patents

Antoney_David-removebg-preview.png

Antony David

Associate Director – Pharmaceutical – Life Sciences Practice Group

Dhakishna-removebg-preview.png

Dhakshina Moorthy C

Associate Director – Pharmaceutical – Life Sciences Practice Group)

Sharat_sir1-removebg-preview_edited.png

TS Sharat

Partner – Software/Electronics/Mechanical Group

bottom of page