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India Patent Platform

IP India / CGPDTM · Patents Act 1970

InPASS prior art search · CGPDTM claim drafting · Section 3(d) analysis · FER response · Section 25 opposition · Form 27 working statements

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Section 3(d) · Form 18/18A · FER Response · InPASS · Patents Act 1970

InPASS

Quick Law Reference — IP India / CGPDTM

Section 2(1)(j)

Definition of 'invention' — novelty + non-obviousness + utility

Section 3(d)

Non-patentable — new form of known substance without enhanced efficacy

Section 8

Duty to disclose corresponding foreign applications

Section 25

Pre-grant & post-grant opposition (Form 7A / 7)

Section 11A

Compulsory publication — 18 months from priority date

Form 27

Statement of working — filed annually after grant

Patent Journey — Pre-filing to Grant

Prior Art Search

Search InPASS, WIPO PatentScope, Espacenet, and USPTO to assess novelty under Section 2(1)(l) and inventive step. IndiaForge AI generates a structured patentability search report.

InPASS SearchWIPO PatentScopeEspacenet

Provisional Filing

File Form 1 (Application for Patent) + Form 2 Provisional Specification to lock in your priority date. 12 months to file complete specification before the provisional lapses.

Form 1Form 2 (Provisional)

Examination & FER Response

Request examination via Form 18 or Form 18A (expedited). Respond to First Examination Report (FER) within 6 months. IndiaForge AI drafts Section 3(d) analysis and claim amendments.

Form 18 / 18AFER ResponseForm 8 (Foreign Filing Statement)

Grant, Opposition & Renewals

Pre-grant opposition window after Patent Journal publication under Section 25(1). Post-grant opposition within 12 months of grant. Annual renewal fees and mandatory Form 27 working statements.

Form 7A (Pre-grant Opposition)Form 27 (Statement of Working)Annual Renewal

Fee Schedule — IP India / CGPDTM

Form / Action	Natural Person	Startup / MSME	Corporate
Application for Patent (Form 1 + Form 2 Provisional)	₹1,600	₹4,000	₹8,000
Complete Specification (Form 2 Complete)	₹1,600	₹4,000	₹8,000
Request for Examination (Form 18)	₹4,000	₹10,000	₹20,000
Expedited Examination — Startup / Govt (Form 18A)	₹8,000	₹20,000	₹40,000

⚠️ Fees as per Patents (Amendment) Rules 2024. Verify at ipindiaonline.gov.in before filing. Startup & MSME rate requires valid DIPP certificate.

India-Specific Patent Tools

IndiaForge AI

Tools designed exclusively for Indian patent practice — Section 3(d), Form 27, FER response, and InPASS integration. These tools are confined to the India Hub and do not appear on other jurisdiction pages.

India Patent Fee Calculator — 2024 Rules

Startup 90% rebate · Women inventor 20% rebate · Educational institution 90% rebate

Applicant Category

Individual inventor — standard government fees apply

Application Type

Form 18A — Expedited Examination

+₹8,000 · ~12 months vs 60+ months standard

Women Inventor — 20% additional rebate

Applicable when all inventors are women (Patents Act 1970 amendment)

Fee Type	Amount
Filing Fee (Form 1)	₹1,600
Examination Fee (Form 18)	₹4,000
Grant / Sealing Fee	₹4,000
Renewal (Years 2–10, avg)	₹8,000

Estimated Total (10yr lifecycle)₹17,600

Important:

Startup/MSME rebate requires a valid DIPP/MSME certificate at time of filing. Fees verified against Patents (Amendment) Rules 2024 — always confirm at ipindiaonline.gov.in before filing.

Excludes professional fees, translation charges, and agent charges. Renewal fees vary by year — consult a patent agent for exact lifecycle costs.

Section 3(d) Risk Analyzer

Patents Act 1970 · Novartis v. Union of India (2013) · CGPDTM guidance

Technology Area

Select All Applicable Factors

New salt / ester / ether / polymorph of a known substanceHIGHFixed-dose combination of known drugsHIGHNew isomer without significantly different propertiesHIGHProdrug / metabolite of a known substanceMEDNew dosage form or delivery route (tablet → injection, etc.)MEDNew process for making a known pharmaceutical substanceMED

Mitigation Factors (check if you have evidence)

Significantly enhanced therapeutic efficacy demonstratedMITIGATESDocumented synergistic effect with comparative clinical dataMITIGATES≥30% improvement in bioavailability with in vivo dataMITIGATES

Form 27 — Working Statement Generator

Section 146 · Rule 131 Patents Act 1970 · Annual deadline: 31 March

Annual Obligation

Form 27 must be filed by 31 March each year for the preceding calendar year. Failure to file attracts penalty under Section 122 (up to ₹10 lakh) and may constitute grounds for compulsory licensing. Next deadline: 2026-03-31.

Patent Number

Year of Working (calendar year)

Patent Working Status

Revenue from Patent (₹)

Units Sold / Quantity

FER Response Drafter

First Examination Report · 6-month response window · Section 14 Patents Act 1970

FER Issue Date

Response Deadline

Enter FER issue date →

Select Objections Raised in FER

Lack of novelty (Section 2(1)(l) — prior art anticipation)§2(1)(l)Lack of inventive step (Section 2(1)(ja) — obvious to a POSITA)§2(1)(ja)Section 3(d) — new form of known substance without enhanced efficacy§3(d)Section 3(k) — mathematical/computer program / business method§3(k)Section 3(e) — mere admixture resulting in aggregation of properties§3(e)Lack of clarity / non-compliance with Section 10(4) — claim clarity§10(4)Insufficient disclosure / lack of enablement (Section 10(4)(b))§10(4)(b)Lack of unity of invention (Rule 13)Rule 13