Confused? Filing Patent on Inventor Name OR on Company/Organization Name?


Filing Patent on Inventor Name OR on Company/Organization Name? If you are working for any organization as its employee or as a research worker under any institution you might be required to patent your invention under the respective organization or research institutes name during your employment tenure. This situation appears when you have previously signed an agreement with the company or institute where it will be stated that the intellectual generated will be under the employer’s name.

If you have not signed any agreement as stated above, you can apply for a patent individually on your name in India. You will be referred to as a Natural Person in this scenario.

However, you might belong to a class where you are an inventor or business owner trying to make out whether to patent on your name or your company’s name, the table below will help to solve your queries.

Read Also: How to file a patent application in India?

This table provides an overview of approximate cost incurred in the patenting process:-

 

Sl. No. Description Patent office fee (INR)  (e-filing)
Natural Person (individuals)/ Startups Other than individuals
Small entity Other than small entity
1 Application for grant of patent 1600 4000 8000
2 Early publication fee (Optional) 2500 6250 12500
3 Request for examination of patent application 4000 10000 20000
4 Extra pages–more than 30 sheets 160/Sheet 400/Sheet 800/Sheet
5 Extra claims–more than 10 claims 320/Claim 800/Claim 1600/Sheet

It is always advisable to keep in mind of the point of view of the investor who is investing in your invention. As an investor, he/she might want the patent to be in name of the company in place of yours. If the investor starts investing in your company at a considerably later stage, the investor can still go ahead and ask for a transfer of patent rights from your name to the company’s name.

Related Resources The cost for registering patent in India.

Patent Registration in India

Filing Patent on Inventor Name OR on Company/Organization Name?