Questions we hear most about Indian IP law

You (or your patent agent) run a patentability search, draft a provisional or complete specification with claims, and file electronically with the Indian Patent Office. Examination follows, and any objections in the First Examination Report must be addressed before grant.

It's the step where an international PCT application enters national examination in a specific country. In India, the deadline is 31 months from the priority date; missing it generally forfeits the right to pursue the application in India.

Software 'per se' is excluded under Section 3(k) of the Patents Act, but software tied to a technical effect or hardware implementation can be patentable — this is assessed case by case during the patentability search.

The government e-filing fee is ₹4,500 per class for individuals, startups, and small enterprises, and ₹9,000 per class for other applicants; professional fees are quoted separately based on the number of classes and search complexity.

Roughly 8–12 months if the application isn't opposed. Opposed applications take longer, depending on how the opposition proceedings unfold.

Opposition is a formal challenge filed by a third party during the four-month publication window. You have two months to file a counter-statement, after which the matter proceeds through evidence and a hearing before the Registrar.

No — copyright exists automatically on creation. Registration is optional but creates strong documentary evidence of authorship and creation date, which matters if ownership is ever disputed.

Only the visual appearance of a product — its shape, pattern or ornamentation — not how it functions. Function is the domain of patents, not design registration.

Yes. Expert Intellect is a full-service intellectual property law firm based in Dwarka, New Delhi, serving clients across India and, through associate firms, overseas.

Yes — the first consultation to understand your matter and give you a fee estimate is free. Reach us via the contact form, phone, or email.

Yes. Alongside our core IP practice, we handle company registration, ISO/BIS certification, FSSAI registration and mutual consent divorce filings in Delhi.