7. Complete Steps and flow chart from Idea to granted patent

Complete steps flow chart for innovative idea to granted patent in India

flow chart for patent in india

Detailed guides, articles and videos explaining every step of complete Patent Lifecycle

The Complete Flow: From an Idea to a Granted Patent in India

Most explanations of the patent process are presented as neat flow charts. In practice, the journey from an idea to a granted patent is not linear, and it is rarely neat. What looks like a sequence of boxes often involves decisions, delays, and strategic choices that are not visible in a diagram. This page explains the full flow of a patent in India as it actually unfolds, and what usually matters at each stage.

The Starting Point Is Not Filing

Every patent begins with an idea. But very few ideas are ready to be filed. At this stage, what usually exists is:

  • a problem that needs solving,
  • a rough solution,
  • and an assumption that “this should be patentable.”

The risk here is premature filing. In our practice, applications that struggle later often do so because the idea was filed before it was converted into a clear technical disclosure.

From Idea to Invention Disclosure

The first real transition is from idea to invention. This happens when the inventor can explain:

  • what the technical problem is,
  • how it is solved,
  • and how the solution works step by step.

This explanation does not need legal language. It needs technical clarity. A complete invention disclosure is the foundation of everything that follows. Weaknesses at this stage usually reappear during examination.

for more details, you may watch the video on what is exact information needed to file a patent application: creating complete invention disclosure

Patentability / Novelty Search (Optional, but Often Decisive)

Before drafting, many applicants choose to conduct a patentability or novelty search. This is not a legal requirement. It is a strategic one. A well-interpreted search helps identify:

  • what already exists,
  • where the real technical difference lies,
  • and how claims should be framed.

In crowded technical fields, this step often determines whether drafting proceeds confidently or cautiously. Skipping it is sometimes reasonable. Skipping it unknowingly is not.

Drafting the Patent Application

Drafting is where the invention is legally defined. This stage involves:

  • writing the specification,
  • describing the invention in sufficient detail,
  • and most importantly, drafting claims.

Claims are not summaries. They are boundaries.

Once filed, these boundaries can usually be narrowed, but rarely expanded. This is why drafting quality has long-term consequences that are not obvious at filing.

Filing the Patent Application

Once drafted, the application is filed with the Indian Patent Office. From this moment:

  • a priority date is secured,
  • the invention can be marked as “Patent Applied” or “Patent Pending,”
  • and public disclosure becomes safer.

At this stage, the patent is not examined and not enforceable. But strategic value often begins here, not at grant.

Publication of the Patent Application

By default, a patent application is published after 18 months from the filing or priority date. Early publication can be requested. Publication:

  • makes the invention public,
  • allows third parties to view the application,
  • and starts the clock for certain future rights.

In practice, publication is where many inventors first realise how their invention appears to outsiders. detailed information at Step 3 : Publication of application

Request for Examination (RFE)

A patent application is not examined automatically. Examination begins only after a Request for Examination is filed within the prescribed time limit. This step is procedural, but missing it is fatal. Applications without an RFE simply lapse. The timing of this request often affects how quickly the application moves forward. detailed information at step 4 : Request for examination (RFE) and step 5 : Examination of application

Examination and the First Examination Report (FER)

This is where the patent office formally evaluates the application. The examiner reviews following things:

  • novelty,
  • inventive step,
  • statutory exclusions,
  • clarity and sufficiency of disclosure.

The outcome is the First Examination Report, which lists objections and requirements. In our experience, most applications receive objections. This is normal. The content and structure of those objections often reflect the quality of the original drafting.

Responding to the FER

This stage determines whether the application progresses or stalls. Responses may involve:

  • legal arguments,
  • technical explanations,
  • and amendments to claims.

Not every objection should be answered in the same way. Some require explanation. Others require narrowing. Some indicate deeper structural issues.

Video : Patent First Examination Report FER Explained : Overcoming Objections in FER India

Hearings (If Required)

If objections are not resolved on paper, the Patent Office may schedule a hearing. Hearings are an opportunity to clarify positions, but they are rarely a place to introduce entirely new arguments. What happens here is usually shaped much earlier in the process.

Video : Patent Office Hearing in India Explained : Grant Rejection or Conditional Acceptance

Grant of Patent

If objections are overcome, the patent is granted. Grant does not mean the end of responsibility. It means the beginning of enforceable rights. From this point:

  • the patent can be enforced,
  • licensing becomes legally stronger,
  • and the scope of protection is fixed.

The quality of the granted patent depends almost entirely on the decisions made earlier. detailed information at Step 7 : Grant of patent

Cost, procedure and timeline for patent in India

Note: steps highlighted in Brown colour are either optional step or depends on case to case and are not mandatory to happen

Sr.Stages for Patent   (links for more details)Professional fees Government FeesTime required 
1How to go from Idea to Invention disclosure?  Do I need patent agent of attorney Is my invention patentable ?–––
2Signing Non-Disclosure Agreement  (NDA)––10 minutes to sign
3Patentability / Novelty Search  (Optional step)₹15,000
or
(USD 170)		– 5 days
4Drafting Complete Patent Application ₹30,000
or
(USD 350)		–10 – 12 days
5Filing patent application ₹ 3,000
or
(USD 35)		₹ 1,600
or (USD 19)		1 – 2 days
6Publication of patent application ––After 18 months
7Early publication (Optional step)₹ 2500
or
(USD 30)		1 – 2 months
8Request For examination (Normal Route)₹ 4000
or
(USD 48)		2-3 Years
9Request For Expedited Examination Form 18A (Woman co-applicant, MSME or Startup firm*) 
(Optional step)		₹ 8000
or
(USD 96)		8 to 9 months
10Drafting and Filing a response to the First Examination Report (FER) ₹15,000
or
(USD 170)		–Drafting response 7-10 days
11Attending Hearing with Patent office
 In Case hearing received from patent office 		₹20,000
or
(USD 250)		–depends on the government
12Grant of patent or refusal ––Depends on the pendency at government
Total (mandatory + Optionals) =(₹45,000 to ₹83,000)
or
(USD 500 to US 925)		₹ 12,550
or (USD 140)

Recommended reading:

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Prasad Karhad
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