How hard is it to get a patent in India?

 Honestly, getting a patent in India is not impossible, but yes—it can be quite challenging if you're not familiar with the process. The difficulty usually lies in understanding legal requirements, drafting technical documents correctly, and responding to objections from the Patent Office.

Here’s what makes the patent process a bit tricky in India:

✅ What Makes It Hard?

1. Strict Patentability Criteria
   Your invention must be:
   
   
• Novel (completely new)
  
  
• Inventive (not obvious)
  
  
• Industrially applicable (should have real-world use)
  
  
2. Complex Filing Process
   You have to go through steps like:
   
   
• Patent search
  
  
• Drafting specification (which must be both technical and legal)
  
  
• Filing
  
  
• Publication
  
  
• Examination and responding to objections (called FERs)
  
  
• Grant or rejection
  
  
3. On average, it takes 2 to 4 years to get a patent granted in India.
   
   
4. Common Pitfalls
   
   
• Poorly drafted applications
  
  
• Missing legal deadlines
  
  
• Inadequate responses to examiner's objections
  
  
• Incomplete knowledge of exclusions under Section 3 of the Indian Patent Act
  
  

👨‍⚖️ How a Patent Attorney in India Can Help

This is where working with an experienced patent attorney in India becomes essential. They understand the law, know how to draft strong patent specifications, and can represent your case during the examination process.

💼 Our Expertise at Babaria IP

At Babaria IP, based in Ahmedabad and associated with Mumbai, we’ve been helping innovators and businesses across India for over 18 years. Whether you're in pharma, biotech, engineering, chemistry, or software, our patent attorneys handle everything—from search and filing to prosecution and litigation.

Our focus is on providing cost-effective, high-quality services that help you secure your patent without unnecessary delays.

Conclusion:
Getting a patent in India is doable—but only if you follow the process correctly. The smartest move? Partner with a skilled patent attorney in India to make your journey smoother and stress-free.

Have more questions about patents? Feel free to reach out to Babaria IP anytime!