IAM Strategy 300 recognised practitioner with over 20 years of experience in intellectual property law. Leads the firm's patent and trademark practice spanning prosecution, litigation, opposition, and IP strategy. B.Sc (Hons.) Hansraj College, Delhi University; LLB, Campus Law Centre, Delhi University.
Protecting
the ideas
that define
your business.
IntellexIP Advocates is a specialist intellectual property law firm delivering precise, commercially-minded counsel across patents, trademarks, copyright, designs, licensing and litigation — in India and 50+ countries worldwide.
Specialist IP counsel since 2009.
"We protect the ideas that define your business."
— New Delhi · Global Network · IAM Strategy 300
IntellexIP Advocates is a specialist intellectual property law firm headquartered in New Delhi, India. Since our founding in 2009, we have advised startups, multinational corporations, research institutions and individual inventors on every dimension of IP strategy, prosecution and enforcement.
Our team combines deep technical expertise with sharp commercial acumen, enabling us to deliver IP solutions that are not just legally sound but strategically aligned with our clients' business goals. We operate across all IP practice areas — patents, trademarks, copyrights, designs, licensing, and litigation.
Through a trusted network of associate firms, we extend our services to over 50 countries across six continents, making us a single, trusted partner for Indian and international IP needs — from initial filing to complex cross-border enforcement.
Six practices.
One strategic partner.
From initial filing to complex litigation, we provide comprehensive intellectual property services tailored to the unique needs of each client and jurisdiction. Our practice is deep, focused, and exclusively IP.
Prosecution
Registration
Protection
Designs
Technology Transfer
Enforcement
A comprehensive guide to patent protection in India
Everything you need to know about filing and protecting patents in India — from eligibility and application types to prosecution timelines, renewal and the patent offices with territorial jurisdiction.
A patent is an exclusive right granted to an inventor for an invention — a product or process that provides a new way of doing something, or offers a new technical solution to a problem. In India, patents are governed by the Patents Act, 1970 (as amended).
- Discoveries, scientific theories and mathematical methods
- Mere discovery of a new form of a known substance which does not result in enhanced efficacy (§3(d))
- Methods of agriculture or horticulture
- Methods of treatment of human beings or animals
- Plants and animals (other than micro-organisms)
- Computer programs per se, business methods, mathematical methods, algorithms
- Literary, dramatic, musical, artistic works or other aesthetic creations
- Traditional knowledge and aggregation of known properties
Can be filed with or before the filing of the complete specification (within 3 months from filing), and does not need to be notarised. Assignment / transfer deeds require attestation by two witnesses.
PCT National Phase Applications in India must be filed within 31 months from the PCT priority date. This deadline is strict and cannot be extended.
Every patent granted in India has a term of 20 years from the date of filing of the patent application. For PCT applications, the term is 20 years from the international filing date.
To keep the patent in force, renewal fees must be paid annually. Renewal fees are due from the 3rd year onwards and can be paid in advance for up to 2 years. A grace period of 6 months is available for late payment with surcharge. Failure to pay renewal fees results in lapse of the patent.
India has four patent offices under the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM):
| Office | Jurisdiction |
|---|---|
| Kolkata (Head Office) | West Bengal, Andaman & Nicobar Islands, Sikkim, Bihar, Jharkhand, Odisha |
| Delhi | Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, UT of Chandigarh, Delhi, Ladakh |
| Chennai | Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Goa & UTs |
| Mumbai | Maharashtra, Gujarat, Madhya Pradesh, Chhattisgarh |
A comprehensive guide to trademark registration in India
Everything you need to know about trademark registration, protection and enforcement in India — from eligibility to prosecution and well-known mark status.
A trademark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It may include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours or any combination thereof.
- Marks devoid of distinctive character
- Marks which designate the kind, quality, quantity or intended purpose of goods/services
- Marks which have become customary in current language or trade practice
- Marks likely to deceive the public or cause confusion
- Marks prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950
- Marks containing scandalous or obscene matter
- Marks likely to hurt religious susceptibilities
India allows multi-class trademark applications under the Trade Marks Act, 1999 (as amended). A single application can cover multiple classes of goods and services.
| Office | Jurisdiction |
|---|---|
| Mumbai (Head Office) | Maharashtra, Goa, Gujarat, Madhya Pradesh, Chhattisgarh, Daman & Diu, Dadra & Nagar Haveli |
| Delhi | Jammu & Kashmir, Punjab, Haryana, UP, Uttarakhand, Himachal Pradesh, Rajasthan, Delhi, Chandigarh |
| Kolkata | West Bengal, Bihar, Jharkhand, Odisha, Assam, Sikkim, Meghalaya, Tripura, Arunachal Pradesh, Manipur, Mizoram, Nagaland |
| Chennai | Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, Puducherry, Andaman & Nicobar, Lakshadweep |
| Ahmedabad | Additional office for Gujarat registrations |
Where a trademark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well-known trademark for registration under the Act.
Trademarks can be licensed and assigned like moveable property for consideration. Trademarks carry goodwill and can be assigned with or without goodwill.
Trademarks can be licensed to third parties while retaining ownership, allowing controlled use under agreed terms.
Trademarks can be assigned with or without goodwill to transfer ownership to another party.
Comprehensive Guide to Copyright Protection in India
Everything you need to know about copyright subsistence, registration, term, and enforcement under the Copyright Act, 1957.
Copyright is a legal right that protects the original expression of ideas. It subsists automatically upon creation of original works without any formality of registration. The Copyright Act, 1957 (as amended) governs copyright protection in India.
Copyright subsists automatically upon creation without registration. However, registration creates a public record of the copyright claim and serves as prima facie evidence in court proceedings.
In case of foreign works, the term shall not exceed the term for which the work is originally protected in the country of first publication.
A fair dealing with literary, dramatic, musical and artistic works (not being a computer programme) is permitted for:
Owner of the copyright can license as well as assign their work.
In case of work under employment, the employer shall be the owner of the work in the absence of any agreement to the contrary.
Comprehensive Guide to Design Registration in India
Everything you need to know about registering and protecting industrial designs in India under the Designs Act, 2000.
Under the Designs Act, 2000, "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, which in the finished article appeal to and are judged solely by the eye.
- Any mode or principle of construction
- Anything which is in substance a mere mechanical device
- Any trademark, property mark and copyright as defined under Indian laws
Only those designs that are new or original are subject matter of registration in India.
- Designs disclosed to the public anywhere in India or any other country prior to the filing date
- Designs where more than 50 copies have been commercially manufactured
- Designs not significantly distinguishable from known designs or combinations thereof
- Designs comprising scandalous or obscene matter
Conventional design applications must be filed within 6 months from the date of first filing in the convention country. An extension of up to 3 months is available on payment of monthly extension fee.
Design registration is renewable for a further period of 5 years upon payment of the prescribed renewal fee before the expiry of the initial 10-year term.
Design applications in India are filed with the Patent Office which administers the Designs Act, 2000. The Head Office for design applications is in Kolkata.
| Office | Location | Jurisdiction |
|---|---|---|
| Head Office | Kolkata | East India — primary office for design applications |
| Branch Office | Delhi | Northern India |
| Branch Office | Chennai | Southern India |
| Branch Office | Mumbai | Western India |
Comprehensive Guide to IP Licensing
Expert counsel for licensing agreements, technology transfers, and IP commercialisation strategies across India and international markets.
IP licensing is the process by which an IP owner (licensor) grants permission to another party (licensee) to use the IP rights in exchange for consideration — typically royalty fees. Licensing allows IP owners to commercialise their rights while retaining ownership.
Comprehensive Guide to IP Litigation in India
Expert counsel for IP enforcement and defence before Indian courts, tribunals, and IP offices — from pre-litigation strategy to full trial.
India has a well-developed IP enforcement framework with specialised IP divisions in the High Courts. The Delhi High Court's IP Division is widely regarded as one of the most experienced and efficient IP courts in Asia.
- Patent infringement: No criminal liability under the Patents Act (civil only)
- Trademark infringement: Imprisonment up to 3 years and fine under the Trade Marks Act, 1999
- Copyright infringement: Imprisonment up to 3 years (first offence) and fine under the Copyright Act, 1957
- Design infringement: Civil remedy only; criminal action possible under other laws
The IPAB (Intellectual Property Appellate Board) was abolished in 2021. Its jurisdiction has been transferred back to the respective High Courts. All IP appeals previously before IPAB are now filed before the relevant High Court.
Technical & industry expertise.
Our team combines deep legal acumen with technical proficiency across a broad range of industries — from deep-tech and life sciences to consumer brands and creative industries.
Modern tools, sharper counsel.
We pair decades of IP practice with a modern technology stack — purpose-built for speed, accuracy and clarity across portfolios of any size or complexity.
IP protection worldwide.
Through our trusted network of associate firms across six continents, we provide seamless, cost-effective IP services in over 50 countries. We handle PCT national phase entries, Madrid Protocol trademark filings, and Hague System design applications end-to-end.
| Region | Key Jurisdictions | Coverage |
|---|---|---|
| India | New Delhi · Mumbai · Chennai · Kolkata · Ahmedabad | Primary Office |
| South Asia | Bangladesh · Nepal · Sri Lanka · Pakistan · Maldives | Associates |
| SE & East Asia | Singapore · Malaysia · Thailand · Indonesia · Vietnam · China · Japan · South Korea | Associates |
| Europe | EPO · EUIPO · UK · Germany · France · Netherlands · Switzerland | Associates |
| Middle East & Africa | UAE · Saudi Arabia · Egypt · Kenya · South Africa · Nigeria | Associates |
| Americas & Oceania | USA · Canada · Brazil · Mexico · Australia · New Zealand | Associates |
South Asia IP filing.
Detailed reference guides on patent, trademark and industrial design filing, prosecution and protection across key South Asian jurisdictions. Click any country to explore the full guide.
Need assistance filing across South Asia?
Our team has decades of experience navigating IP offices in India, Pakistan, Bangladesh, Nepal and Sri Lanka — from initial filing through registration and enforcement.
The team.
Advocates, patent agents and technical specialists united by a commitment to precise, commercially-minded IP counsel. Recognised individually and collectively by the international IP community.
Extensive experience in contentious and non-contentious IP matters. Advises domestic and international clients on civil, corporate and arbitration matters with deep expertise in complex commercial IP disputes.
Specialises in trademark prosecution, opposition proceedings, and brand protection across India and international jurisdictions including Bangladesh, Nepal, and Sri Lanka.
Handles trademark prosecution, design and copyright filings and prosecution, and infringement actions before the Trademark Registry, Design Office, Copyright Office, and various courts including the Delhi High Court.
Handles trademark and design filings and prosecution, copyright registrations, and opposition matters before the Trademark Registry and Copyright Office. Contributes legal research, case analysis, and client advisory work.
Our process.
Initial Consultation
A thorough understanding of your business, innovation, and IP goals to define the optimal protection and enforcement strategy.
Research & Analysis
Comprehensive prior art searches, trademark clearance, and freedom-to-operate analyses to identify opportunities and manage risk.
Filing & Prosecution
Expert drafting and strategic prosecution of applications before IP offices in India and worldwide to secure the broadest possible protection.
Enforcement & Maintenance
Ongoing portfolio management, infringement monitoring, and decisive enforcement actions to protect and maximise the value of your IP.
Common questions on IP in India.
Answers to the questions clients most often ask us — drawn from two decades of patent, trademark, copyright, design, licensing and litigation practice.
Ask a specific question→IntellexIP Advocates is a full-service intellectual property law firm based in New Delhi, offering comprehensive counsel across six practice areas: patent prosecution and litigation, trademark registration and enforcement, copyright protection, industrial design registration, IP licensing and technology transfer, and IP litigation before Indian courts and tribunals. We serve clients across India and 50+ countries through our global associate network.
Trademark registration in India typically takes 18 to 24 months from filing to registration if there are no objections or oppositions. The process includes filing, formality examination, substantive examination, publication in the Trade Marks Journal for a 4-month opposition period, and finally registration. Trademarks are registered for 10 years and are renewable indefinitely in 10-year terms.
A patent in India is granted for a term of 20 years from the date of filing the application, subject to payment of annual renewal fees from the 3rd year onwards. This applies to all types of patent applications including ordinary, convention, PCT national phase, and divisional applications. After the 20-year term expires, the invention enters the public domain.
The deadline for entering the Indian national phase from a PCT application is 31 months from the priority date. This is an absolute deadline — late entry is generally not permitted. The PCT route is widely used by foreign applicants as it provides 30–31 months of protection and additional time before having to commit to filing in India.
No, copyright registration is not mandatory in India. Copyright subsists automatically upon creation of an original work. However, registration creates a public record of the copyright claim and serves as prima facie evidence of ownership in court proceedings, which significantly strengthens enforcement. We recommend registration for commercially valuable literary, artistic, musical, dramatic, cinematographic and sound recording works.
A design registration in India is granted for an initial term of 10 years from the date of registration. It is renewable for a further period of 5 years on payment of the prescribed renewal fee, giving a total maximum protection of 15 years. Renewal must be sought before expiry of the initial 10-year term.
The Delhi High Court's IP Division is India's premier IP court and is widely regarded as one of the most experienced and efficient IP courts in Asia. Bombay, Calcutta, Madras and other High Courts also have jurisdiction over IP matters depending on the cause of action. Commercial Courts handle IP suits above specified pecuniary limits under the Commercial Courts Act, 2015. The IPAB was abolished in 2021, and its jurisdiction has been transferred back to the respective High Courts.
Yes. We work with a trusted global network of associate firms across 50+ countries spanning six continents. We routinely handle PCT national phase entries, Madrid Protocol international trademark applications, Hague System design filings, and direct national filings in South Asia, SE & East Asia, Europe, Middle East & Africa, and the Americas & Oceania. All matters are managed centrally from our New Delhi office for seamless coordination.
Yes. Our founder Sudhir Kumar is recognised in the IAM Strategy 300 — a peer-reviewed guide to the world's leading IP strategists published by Intellectual Asset Management (IAM) magazine. The firm has been established since 2009 and has handled 2,000+ IP matters across India and internationally, serving clients ranging from emerging startups to Fortune 500 enterprises.
You can schedule a consultation by completing the enquiry form below, emailing us at mail@intellexip.com, or calling +91 (11) 4504 1400. Initial consultations include a thorough review of your IP matter, a candid assessment of strategic options, and a clear fee estimate. We respond to all enquiries within one business day.
Let us protect
what matters.
Dwarka, New Delhi — 110078, India
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