Intellectual Property Rights (IPR) in India

IPR in India are legal protections for creations of the mind, managed by the Office of the Controller
General of Patents, Designs, and Trade Marks (CGPDTM), under the National IPR Policy. Key rights
include Patents, Trademarks, Copyrights, and Geographical Indications, designed to foster innovation
and protect economic interests. India is a member of major international IP agreements, ensuring
compliance with TRIPS.
Key Types of IPR in India
 Patents: Patents in India are governed by the Patents Act, 1970, which provides legal protection for
new inventions, whether they are products or processes. To qualify for a patent, an invention must be
novel, involve an inventive step, and be capable of industrial application. Once granted, a patent gives
the inventor exclusive rights to make, use, sell, or license the invention for a period of 20 years from
the filing date. This protection encourages innovation by ensuring that inventors can benefit
commercially from their creations. After the patent expires, the invention enters the public domain
and can be freely used by others.
 Trademarks: Trademarks in India are governed by the Trade Marks Act, 1999, which provides legal
protection to distinctive signs such as brand names, logos, symbols, and taglines that identify goods or
services. A registered trademark helps businesses establish brand identity and prevents unauthorized
use by others that could cause confusion among consumers. Initially, a trademark is granted for a
period of 10 years, but it can be renewed indefinitely for successive 10-year periods upon payment of
renewal fees. This ensures long-term protection and supports brand value, reputation, and consumer
trust in the marketplace.
 Copyrights: Copyrights in India are governed by the Copyright Act, 1957, which provides protection
to original literary, artistic, musical, and dramatic works, as well as films and sound recordings. This
law grants creators exclusive rights to reproduce, publish, perform, and distribute their work.
Copyright arises automatically upon creation, without the need for registration, although registration
can serve as legal evidence. Generally, the duration of copyright protection lasts for the lifetime of the
creator plus 60 years after their death. This ensures that creators and their heirs can benefit from the
work while promoting creativity and cultural development.
 Geographical Indications (GI): Geographical Indications (GIs) in India are protected under the
Geographical Indications of Goods (Registration and Protection) Act, 1999, which safeguards
products that originate from a specific geographical region and possess unique qualities, reputation, or
characteristics linked to that location. These can include agricultural products, handicrafts, and
manufactured goods. A well-known example is Darjeeling Tea, valued for its distinct flavor due to the
climate and soil of the region. GI protection prevents unauthorized use of the name by others and
helps preserve traditional knowledge, cultural heritage, and the economic interests of local producers.
 Industrial Designs: Industrial designs in India are protected under the Designs Act, 2000, which
safeguards the aesthetic aspects of products such as shape, configuration, pattern, ornamentation, or
 composition of lines and colors. These features must be new and applied to an article by an industrial
process to qualify for protection. The law does not cover functional or technical aspects, focusing only
on visual appeal. Once registered, a design is protected for an initial period of 10 years, which can be
extended by an additional 5 years. This protection helps creators maintain exclusivity and enhances
the commercial value of visually appealing products.
 Other Protection: Other forms of intellectual property protection in India include specialized laws
such as the Protection of Plant Varieties and Farmers' Rights Act, 2001, which safeguards the rights of
plant breeders while also recognizing and protecting farmers’ contributions in conserving and
developing plant varieties. Additionally, the Semiconductor Integrated Circuits Layout-Design Act,
2000 provides protection for the layout designs (topographies) of semiconductor integrated circuits,
ensuring exclusive rights over their use and reproduction. These laws address niche areas of
innovation, encouraging technological advancement, agricultural development, and fair recognition of
creators’ and farmers’ contributions.
Filing a patent in India costs as low as ₹1,600 in official fees for individuals, startups, and small
entities, while large entities pay ₹8,000. However, total costs, including professional drafting,
examination, and attorney fees, generally range from ₹45,000 to over ₹1,15,000 depending on the
complexity and type of application.

Key Patent Filing Costs in India (2025/2026)

 Official Filing Fee (Form 1): ₹1,600 (Individuals/Startups/Small Entities), ₹8,000 (Large Entities).
 Examination Fee (Form 18): ₹4,000 (Small/Individual/Startup), ₹20,000 (Large Entity).
 Professional Attorney Fees (Drafting):
~₹18,000 to ₹60,000+ (Highly variable based on complexity).
 Expedited Examination (Optional): ₹8,000.
Factors Affecting Cost:
 Applicant Type: Individuals, startups, and educational institutions enjoy lower fees (~80% lower)
compared to large corporations.
 Complexity & Length: Fees increase for applications exceeding 30 pages or having more than 10
claims.
 Additional Costs: Costs for responding to examination reports (FER) can range between ₹15,000 to
₹20,000 per hearing.
 Renewal/Maintenance: Fees must be paid starting from the 3rd year until the 20th year to keep the
patent in force.
For most inventors, the total cost including professional help usually falls within the range of ₹50,000
to ₹1,00,000 for a successful, straightforward patent registration.
 “FORM 1
[THE DESIGNS ACT, 2000]
APPLICATION FOR REGISTRATION OF DESIGNS (See sections 5 and 44)
(For Fee see First Schedule)
A A
Insert number of class You are requested to register the accompanying in Class No.
B
Insert (in full) address and nationality ............................................................................................ in the name of
B
............................................................................................................……
……… who claim(s) to be the proprietor(s) thereof.

B1
Category of applicant [Please tick ( ) for Natural Person ( ) Start-up ( ) Small Entity ( )
B1
the appropriate category] Others ( )

C
State whether drawings, photographs, Four exactly similar c ....................................of the design accompany this
tracings or specimens. request.
D D
Insert name of article or articles to which the The design is to be applied to ...................................................................
design is to be applied or state trade ………………………… ……………… ……… ……… ………...................
description of each of the articles contained in ............................................................................………………………….
the set ………………………… ……………………………………………………

E Strike out these words if E The design has been previously registered in class(es)…… under

previous registration has No……………………………………………………….

been effected. Details of first application in a convention country or
group of countries or inter-governmental organisation.
i. Name of the country/inter-governmental organization….
ii. Date of filing…………………… …………
iii. Application number…………………………
iv. Name of the applicant ………………………………

F Unless an address for service F Address for service in India

in India is given, the is……………………..…………………………………………

request may not be
……………………………………………………………………...
considered.
Email ID:
Mobile No:

Declaration:
The applicant claims to be the proprietor(s) of the design and that

G To be signed by the to the best of his knowledge and belief the design is new or
original.
applicant or by authorized agent.
Dated this .................. Day of …… ……20…………….
(Signed)G…………………………………………….

TO THE CONTROLLER OF
DESIGNS, THE PATENT
OFFICE, …………….
* Strike out the words if no previous registration or priority claim has been effected”.
 “FORM-24
(THE DESIGNS ACT, 2000)
(See Rule 2 & 5)
TO BE SUBMITTED FOR CLAIMING THE STATUS OF A SMALL
ENTITY OR STARTUP
1 Insert name, I/ We ……………………………………………….
address and applicant/ in respect of the design application no. ………………. hereby
nationality declare that
Please tick the I/we am/are a small entity or a startup and submit the following document(s) as
appropriate proof:
category
2 Documents to be submitted as evidence of eligibility:
i. For claiming the status of a small entity:
A. For an Indian applicant: Evidence of registration under the Micro, Small and Medium Enterprises
Act,
2006 (27 of 2006).
B. In case of a foreign entity: Any document as evidence of eligibility
ii. For claiming the status of a startup:
A. For an Indian applicant: The certificate of recognition from Department for Promotion of
Industrial Policy and Internal Trade
B. In case of a foreign entity: Affidavit as evidence of eligibility along with supporting document.

3. Undertaking The information provided herein is correct to the best of

my/ our knowledge and belief.

Dated this ……….day of …………. 20...

4. To be signed by the applicant(s)/ registered
proprietor(s)/ authorised registered patent Signature
agent. Name of the natural person who has …………………………………………………….
signed.