Patent Registration in India– Well there is no preset value or accurate answer to this question. However, we can help you by providing a generic view on the cost incurred which in turn will help you understand the cost structure. Your patent costs will actually depend on your decision- whether you want to get the patent process executed with the help of a patent agent/patent firm or you want to do it yourself. Here you can refer to one another article where you will know that Is it necessary to hire a patent agent to file a patent in India?
The cost of filing a patent in India or getting a patent can be divided into two cost components:
- Statutory Fee: the fee that is mandatory and paid to the government office.
- Professional Fee: the fee that is paid to the patent agent or patent firm.
The statutory fee varies from individual inventors to companies. The fee also depends on the number of claims made and the total number of pages in a specification. Apart from this, one has to pay a certain amount to the Indian Patent Office (IPO) after the filing. It is therefore needless to say that the patent registration process is a costly one.
Overall Cost Estimate:
The cost of patent filing is approximately INR 50,000-INR 70,000. This cost is when you take the help of a professional patent agent to file your patent application.
You can save money by filing patent by yourself (avoiding professional support can also let you down!):
The patent agent will execute patent research, drafting, and filing of the patent application for the inventor or researcher. If any inventor or researcher files a patent without the help of any patent agent or professional then its needless to mention that the cost bore by him/her would be much less. The cost, in this case, is comparatively much less as the inventor would only pay the fees for the filing of patent and patent prosecution.
Do you know the complete procedure of Patent Filing in India? Learn here – How to file Patent in India? Requirements, Procedure, Specifications, Forms
Let’s have a look at how much it can approximately cost for an individual and what all steps he/ a company seeking patent has to go through to get a patent if he/she takes the help of a professional patent agent at different stages. The prices except for the mandatory government fees always vary depending upon the patent professional hired for executing the work.
Stage 1: Cost of Invention Disclosure
This is the first and foremost step that involves the documentation of invention. The researcher is required to gather all the details and particulars regarding his invention, the description and diagrams and any applicable experimental results and submit it to the patent professional. An Invention Disclosure Statement IDS form must be furnished in such a way that it will be able to avoid any non-patentable invention.
Stage 2: Cost of Patentability Search or Novelty Search
Patentability of an invention is determined by three factors – ‘new’, ’inventive step’, ‘industrial application’. Thus before applying for a patent, an inventor should conduct an exhaustive patentability search with the help of a patent professional to find out whether his invention satisfies the former mentioned three criterions.
The Section 3 under the Patents Act 1970 comprises of a list of the invention that cannot be patented even if they are novel, demonstrates an inventive step and is industrially applicable. An ’inventive step’ is defined under Section 2(1)(ja) of The Act as “a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art”.The charge for a detailed patentability search varies from professional to professional. Here you can check our professional and reliable services for patent filing in India.
The inventor needs to perform a patent search either on his own (for free) or by hiring a professional (professional will charge the fee accordingly).
Stage 3: Cost of making a decision to File Patent Application
Whether to go ahead and file a patent application for an invention solely depends upon the inventor’s decision. There are different types of patent application in India, you should choose the one or multiple as per your needs only.
The invention should have an “inventive step”, technically advanced from known prior-art and commercially viable. If the inventor is well convinced that his/her invention qualifies all the aforesaid criterions, he can go ahead for a patent filing. The next step after filing a patent is writing a complete patent application which is also referred to as patent drafting.
Stage 4: Cost of Patent Drafting
Drafting a patent is an extremely crucial job which requires a perfect blend of technical and legal knowledge of the drafter. It is seen in many cases that the inventor files a draft himself which completely focuses on the technical part and negating the legal aspect. Herein, comes the role of an experienced patent professional who can skillfully draft the patent application covering all the legal points along with the technical details.
An experienced patent professional adds an extra value to any patent application for an invention which is of great help and value to an inventor. The inventor can hire a professional draftsperson (professional will charge accordingly) or can create his own draft (for free).
Stage 5: Cost of FIling a Patent Application
Filing a patent application requires submission of forms to the patent office along with the prescribed fees. This is the first and foremost step towards securing an invention in India. If the inventor has a class 3 digital certificate he/she can submit the form online. In case of the online application, the Patent Office charges an additional 10% fee. Alternatively, one can send hard copies of the patent application (true copy) to the patent office too.
The fees for patent filing in India is as follows:
|S. No.||Description||Patent office fee (INR) (e-filing)||Comments|
|Natural Person (individuals)/ Startups||Other than individuals|
|Small entity||Other than Small entity|
|1||Application for grant of patent||1600||4000||8000||Mandatory|
|2||Provisional or Complete Specification||No Fee||No Fee||No Fee||Mandatory|
|3||Statement and Undertaking Under Section 8||No Fee||No Fee||No Fee||Mandatory|
|4||Declaration as to Inventorship||No Fee||No Fee||No Fee||Mandatory|
|5||Request for Publication||2500||6250||12500||Optional|
|6||Request for Examination of Application for Patent||4000||10000||20000||Mandatory|
Stage 6: Cost of making an Examination Request
This request is made by the researcher or inventor to the Indian Patent Office within 48 months from the Priority Date (first date of filing of the patent application) or else the application is not considered for examination. The application is considered to be withdrawn if the request is not mentioned within the stipulated date.
The cost of requesting for patent examination varies between 4,000 Rs to 20,000 Rs, depending upon the class (individual, startup, etc.) in which the inventor falls.
Stage 7: Cost of dealing with objections raised in the Examination Report
The examiner is the first person to submit the very first examination report to the controller regarding the patent application. In most cases, this report consists of objections which are comprised of prior-art related to the invention. This is referred to as the First Examination Report (FER), response to which, has to be submitted in the form of application for grant of the patent within 12 months from the date of issue of FER. The objections cover both technical and formal points. The aim of the inventor and patent agent should be to convince the controller by proving that the invention is far more superior than those of the pre-existing prior-arts. In situations, if the applicant fails to maintain the timeline of his/her application is considered to be abandoned.
The cost/fee for the Application for grant of patent ranges from Rs.1600 to Rs. 8000 depending on the class (individual, startup, etc.) in which the inventor falls.
Stage 8: Cost of Patent Grant
If an invention meets all the patentability criterions, the application would be placed for approval of the grant. This is notified in the Patent Office Journal. One can face Pre-Grant Opposition and Post-Grant Opposition before and after approval of the grant of a patent. Let’s have a close look at them as to what they mean.
|Pre-Grant Opposition||Post-Grant opposition|
|Under Section 11A of the Patent Acts, 1970 a pre-grant opposition can be filed by any person within six months from the date of publication of the application or before patent grant in the form of writing or representation to the controller.
No fees required for filing the pre-grant opposition.
|A person interested may give opposition notice to the Controller against a patent granted within a period of 12 months from the date of publication of patent grant.
Fees required to file a post-grant opposition is of Rs. 1500 in case of natural person and Rs. 6000 in case of any person other than a natural person.
Stage 9: Cost of Patent Renewal
According to Section 53(1) of the Indian Patent Acts, 1970 a patent gets a grant for a span of 20 years and is calculated from the date of filing of the ordinary or conventional application. The renewal fee for patent applications entering the national phase in India through PCT Route is different and the details regarding the said can be found in Section 80 (1A).
A brief idea about the renewal fee details is provided below:
|Patent Owner-Other Than Natural Person|
|Small Entity||Other Than Small Entity|
|3 to 6||800||2000||4000|
|7 to 10||2400||6000||12000|
|11 to 15||4800||12000||24000|
|16 to 20||8000||20000||40000|
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