Common questions on IP in India.

IntellexIP Advocates is a full-service intellectual property law firm based in New Delhi, offering comprehensive counsel across six practice areas: patent prosecution and litigation, trademark registration and enforcement, copyright protection, industrial design registration, IP licensing and technology transfer, and IP litigation before Indian courts and tribunals. We serve clients across India and 50+ countries through our global associate network.

Trademark registration in India typically takes 18 to 24 months from filing to registration if there are no objections or oppositions. The process includes filing, formality examination, substantive examination, publication in the Trade Marks Journal for a 4-month opposition period, and finally registration. Trademarks are registered for 10 years and are renewable indefinitely in 10-year terms.

A patent in India is granted for a term of 20 years from the date of filing the application, subject to payment of annual renewal fees from the 3rd year onwards. This applies to all types of patent applications including ordinary, convention, PCT national phase, and divisional applications. After the 20-year term expires, the invention enters the public domain.

The deadline for entering the Indian national phase from a PCT application is 31 months from the priority date. This is an absolute deadline — late entry is generally not permitted. The PCT route is widely used by foreign applicants as it provides 30–31 months of protection and additional time before having to commit to filing in India.

No, copyright registration is not mandatory in India. Copyright subsists automatically upon creation of an original work. However, registration creates a public record of the copyright claim and serves as prima facie evidence of ownership in court proceedings, which significantly strengthens enforcement. We recommend registration for commercially valuable literary, artistic, musical, dramatic, cinematographic and sound recording works.

A design registration in India is granted for an initial term of 10 years from the date of registration. It is renewable for a further period of 5 years on payment of the prescribed renewal fee, giving a total maximum protection of 15 years. Renewal must be sought before expiry of the initial 10-year term.

The Delhi High Court's IP Division is India's premier IP court and is widely regarded as one of the most experienced and efficient IP courts in Asia. Bombay, Calcutta, Madras and other High Courts also have jurisdiction over IP matters depending on the cause of action. Commercial Courts handle IP suits above specified pecuniary limits under the Commercial Courts Act, 2015. The IPAB was abolished in 2021, and its jurisdiction has been transferred back to the respective High Courts.

Yes. We work with a trusted global network of associate firms across 50+ countries spanning six continents. We routinely handle PCT national phase entries, Madrid Protocol international trademark applications, Hague System design filings, and direct national filings in South Asia, SE & East Asia, Europe, Middle East & Africa, and the Americas & Oceania. All matters are managed centrally from our New Delhi office for seamless coordination.

Yes. Our founder Sudhir Kumar is recognised in the IAM Strategy 300 — a peer-reviewed guide to the world's leading IP strategists published by Intellectual Asset Management (IAM) magazine. The firm has been established since 2009 and has handled 2,000+ IP matters across India and internationally, serving clients ranging from emerging startups to Fortune 500 enterprises.

You can schedule a consultation by completing the enquiry form below, emailing us at mail@intellexip.com, or calling +91 (11) 4504 1400. Initial consultations include a thorough review of your IP matter, a candid assessment of strategic options, and a clear fee estimate. We respond to all enquiries within one business day.