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Jurisdiction Guides

Filing IP across South Asia.

Detailed reference guides on patent, trademark and industrial design filing, prosecution and protection across India, Pakistan, Bangladesh, Nepal and Sri Lanka — from one of the region's most experienced IP firms.

Countries5
IP Types3
Updated2026
Jurisdiction · India

India — Intellectual Property

India offers robust IP protection through the Patents Act 1970, Trade Marks Act 1999, Designs Act 2000, and Copyright Act 1957. India is a member of the Paris Convention, PCT, and a signatory to TRIPs. The Trade Marks Registry, Patent Office and Designs Office operate across multiple locations including New Delhi, Mumbai, Chennai and Kolkata. India joined the Madrid Protocol, enabling International Trademark Applications designating India.

Types of Patent Applications
  • Ordinary Application — filed with provisional or complete specification; no priority claim
  • Convention Application — claims Paris Convention priority; must be filed within 12 months of the priority date
  • PCT National Phase — filed within 31 months from earliest priority date
Four Patent Offices

New Delhi, Mumbai, Chennai and Kolkata. Foreign applicants file before the office where their Indian agent/attorney is located.

Filing Requirements

Mandatory requirements for an ordinary patent application:

01
Applicant name, address, nationality, status & gender
02
Inventor name, address, nationality & gender
03
Provisional or complete specification (description, claims, abstract, drawings)
04
Power of Authority (stamped per Indian Stamps Act; notarisation not mandatory)
05
Declaration as to inventorship — within 1 month of filing
06
Proof of Right from inventor (Form 1, assignment deed or employment agreement) — within 6 months
Convention / PCT Additional Requirements

DAS code or certified copy of priority document + English translation with certificate of translation — within 3 months (Convention) or 31 months (PCT).

Patent Prosecution Stages
1
Filing of Application
2
Publication
18 months from priority, or earlier on request.
3
Request for Examination
Within 31 months — non-extendible.
4
First Examination Report
Respond within 6 months (+3 months extension).
5
Hearing
If objections are contested.
6
Grant of Letter Patent

Pre-grant opposition is available from date of publication until grant. Post-grant opposition may be filed by any interested person within 12 months from publication of the grant notice.

Term, Renewal & Working Statement
Application TypePatent TermAnnuity Begins
Ordinary / Convention20 years from Indian filing date3rd year onwards
PCT National Phase20 years from PCT filing date3rd year onwards
Working Statement & Fee Discount

Every 3 years from the date of grant, a statement of working must be filed by 30 September for the preceding 3 calendar years. 80% fee reduction is available for natural persons, start-ups, small entities and educational institutions.

Overview

India follows the Nice Classification (all 45 classes). Multi-class applications are permitted. India is a member of the Madrid Protocol, allowing International Applications designating India.

  • Registrable: words, devices, shapes of goods, packaging, colour combinations, certification and collective marks
  • Two application types: Ordinary (no priority) and Conventional (within 6 months of priority)
  • Express examination available on payment of additional fee
  • Five Trademark Registries: New Delhi, Ahmedabad, Mumbai, Chennai, Kolkata
Use vs Registration

Under Indian law, greater significance is given to use of a mark than to its registration. Unregistered marks are protectable via passing off actions.

Filing Requirements
  • Applicant name, address, nationality and legal status
  • Specimen: 6 copies (B&W print) or 12 copies (colour print), or single soft copy by email
  • International Class(es) and description of goods/services
  • Date of first use in India (or "proposed to be used")
  • Priority details if claiming convention priority (certified copy within 2 months of Indian filing)
  • Translation/transliteration if mark is not in English or Indian script
  • Power of Authority (stamped; notarisation not mandatory; can be filed before responding to official letters)
Registration Process & Term
1
Filing & issuance of application number
2
Official letter with objections
Reply within 1 month (if any).
3
Hearing
If required.
4
Provisional acceptance
5
Publication in Indian TM Journal
Opposition open for 4 months.
6
Registration Certificate
ItemPeriod
Initial registration term10 years from filing date
RenewalEvery 10 years thereafter (unlimited)
Opposition window4 months from date of publication
Overview & Registrability

Under the Designs Act 2000, a "design" means features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article by industrial process, judged solely by the eye.

  • Must be new or original and not previously disclosed
  • Copyright in design does not vest if more than 50 copies manufactured commercially
  • Two types: Ordinary and Conventional (within 6 months of priority)
  • E-filing available for most forms
Four Design Offices

New Delhi, Mumbai, Chennai and Kolkata. Head office in Kolkata handles post-filing prosecution. E-filing is available.

Filing Requirements
01
Applicant name, address, nationality & status (natural person, small entity, start-up)
02
Locarno Class & Subclass; title of design
03
3 sets of photographs/drawings (front, rear, top, bottom, left, right, perspective) ~13×10 cm
04
Statement as to novelty
05
Representations showing views where originality resides
06
Power of Authority (stamped; filed later if necessary)
Conventional Applications

DAS code or certified copy of priority document + English translation — provided with the application or within 3 months (extendable on payment of monthly fee).

Prosecution & Term
1
Filing & receipt of application number
2
Examination Report
Within 1–4 months. Respond within 6 months of filing (+3 months extendable).
3
Hearing
If required.
4
Acceptance & Registration Certificate
PeriodDetails
Initial term10 years from date of registration
RenewalOne further term of 5 years (total: 15 years)

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