In short: Patent filing in India for startups is governed by the Patents Act, 1970. To qualify, your invention must be novel, involve an inventive step, and be capable of industrial use. DPIIT-recognised startups pay roughly 80% less in official fees than large companies, bringing total costs down to as little as ₹15,000 over a 20-year patent life.
Key points
- India’s Patents Act, 1970 sets out what can — and cannot — be patented. Inventions must be novel, involve an inventive step, be capable of industrial application, and must not fall under the Act’s excluded categories (Sections 3 and 4).
- Pure software, algorithms, and business methods are excluded “per se,” but software that produces a demonstrable technical effect or advancement — such as improving hardware performance or enhancing data security — can still qualify for a patent.
- DPIIT-recognised startups receive an 80% reduction on official patent fees compared to large-entity rates, and can file for expedited examination at ₹8,000 rather than ₹60,000.
- E-filing costs a startup just ₹1,600 for an application of up to 30 pages and 10 claims; physical filing attracts a 10% surcharge, making e-filing the practical default.
- Official fees across the full lifecycle — filing, examination, publication, and 20 years of renewals — range from approximately ₹15,000 for a startup to over ₹4,00,000 for a large corporation.
- Including professional drafting fees, most startups should budget between ₹25,000 and ₹1,00,000 in total to obtain and maintain a patent.
What can you patent in India?
The Patents Act, 1970 is the foundation of Indian patent law. Under it, an invention is patentable only if it meets four positive criteria and clears two exclusionary hurdles.
The four positive criteria
Your invention — whether a product, a process, or both — must be new (novel), must involve an inventive step (something not obvious to a skilled person in the field), must be capable of industrial application, and must have a human inventor. Indian patent law does not currently recognise AI-generated inventions.
What is excluded — and the software question
Sections 3 and 4 of the Act list what cannot be patented. Among the most relevant exclusions for tech founders is Section 3(k), which bars “a mathematical or business method or a computer programme per se or algorithms.”
That phrase “per se” is crucial. A bare algorithm or a standalone software program cannot be patented. However, if your software produces a concrete technical effect — say, measurably improving hardware performance or materially strengthening data security — it may still qualify, particularly when implemented in or tightly coupled with a hardware component.
If you are unsure whether your product sits inside or outside these exclusions, the Law for You guides on The Courtroom cover foundational IP concepts in plain language and can help you frame the right questions before you consult a patent agent.
How much does patent filing in India cost for a startup?
The fee schedule is set out in the First Schedule to the Patents Rules, 2003. The most recent revision came through the Patents (Amendment) Rules, 2024, which took effect on 15 March 2024.
The 2024 amendment did not change the core filing or examination fees, but it revised several extension-related and grace-period charges that can affect your overall budget if deadlines are missed.
Official fee comparison: startup vs. large entity
| Stage | Startup / Natural Person / Small Entity (e-filing) | All Other Applicants (e-filing) |
|---|---|---|
| Filing (up to 30 pages, 10 claims) — Form 1 | ₹1,600 | ₹8,000 |
| Request for Examination — Form 18 (Normal) | ₹4,000 | ₹20,000 |
| Request for Expedited Examination — Form 18A | ₹8,000 | ₹60,000 |
| Early Publication — Form 9 | ₹2,500 | Higher amount (see Rules) |
| Grace-period request — Form 31 | ₹500 | ₹2,500 |
| Per-month extension fee | ₹10,000 | ₹50,000 |
| Annual renewal (from Year 3 onward) | Concessional slab | Standard slab |
| Total official fees over 20-year patent life | From ~₹15,000 | Over ₹4,00,000 |
Physical filing attracts a 10% surcharge on top of these figures, so e-filing is almost always the right choice.
What about professional fees?
The figures above cover only official government fees. When you add a patent agent’s drafting and prosecution charges, the realistic all-in cost for a startup typically falls between ₹25,000 and ₹1,00,000 for the life of the patent.
The 80% startup fee rebate — and how to claim it
What is the rebate?
Startups receive an 80% reduction on official patent fees compared to the rates paid by large entities. This concession is available under the Startups Intellectual Property Protection (SIPP) scheme and is designed to reduce the IP burden during the critical early years of a business.
Who qualifies?
To claim the rebate, your entity must hold a valid Startup India recognition certificate issued by the Department for Promotion of Industry and Internal Trade (DPIIT). The recognition must be current — still valid — at the time you file your application. A lapsed or pending recognition will not suffice.
How do you declare your category?
You declare your applicant category in Form 28, which is filed alongside your main application (Form 1). Accuracy matters: if the Patent Office concludes that your declared category is incorrect, consequences follow — so verify your DPIIT status before you file.
How long does a patent last, and what keeps it alive?
A granted Indian patent is valid for 20 years from the date of filing the application. However, a grant does not mean the patent runs automatically for two decades. You must pay annual renewal fees starting from the third year onward; failure to renew on time can cause the patent to lapse.
The renewal fee schedule follows the same concessional-versus-standard split, so maintaining your DPIIT recognition throughout the patent’s life is worth considering if you want to continue benefiting from the lower slab.
Frequently asked questions
Can a startup patent software in India?
Not if it is a bare program or algorithm — Section 3(k) of the Patents Act, 1970 excludes “computer programmes per se.” However, software that produces a concrete technical effect, such as measurably improving hardware performance or enhancing data security, can still qualify for a patent, particularly when implemented in conjunction with a hardware component. The distinction turns on demonstrating a genuine technical advancement rather than a purely abstract or business-oriented outcome.
How much does patent filing in India cost for a startup after the rebate?
DPIIT-recognised startups pay roughly 80% less in official fees than large entities. E-filing an application costs ₹1,600 (up to 30 pages and 10 claims), normal examination costs ₹4,000, and expedited examination costs ₹8,000. Including professional drafting and prosecution fees, the realistic all-in cost over the patent’s 20-year life typically falls between ₹25,000 and ₹1,00,000 for a startup.
What DPIIT recognition do I need to claim the startup patent fee rebate?
You must hold a valid Startup India recognition certificate issued by the Department for Promotion of Industry and Internal Trade (DPIIT), and that recognition must be in force at the time you file your patent application. You declare your startup status in Form 28, which is filed alongside your main application. If the Patent Office finds your declared category to be incorrect, you may face adverse consequences, so confirm your DPIIT status before filing.
Primary sources
- Patents Act, 1970 and Patents Rules, 2003 (including the Patents (Amendment) Rules, 2024) — India Code (indiacode.nic.in)
- Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) — ipindia.gov.in — fee schedules, forms, and the SIPP scheme
- Startup India Portal (DPIIT) — startupindia.gov.in — DPIIT recognition certificates and eligibility criteria
Written by Editorial Team, The Courtroom · Last verified 2026-07-09
This article is for general information only and is not legal advice. Laws change; verify against the primary sources cited and consult a qualified advocate for your situation.
