Indian Patent Fee
Patent protection is essential for safeguarding your inventions and maintaining competitive advantage. Understanding the associated costs is crucial for budgeting and planning. This article provides a comprehensive guide to patent fees and costs in India, including filing, registration, and renewal fees. We will also touch upon how to file a patent in India, including tips on how to do it for free.
Patent Filing Cost in India
Overview of Patent Fees
Patent fees in India are structured to cater to different entities, including individuals, small entities, and large entities. The fees vary depending on the type of application, the stage of the patent process, and the entity applying.
Patent Registration Fees in India
The cost of filing a patent application in India depends on the type of applicant and the type of application (provisional or complete). Here’s a breakdown:
- Individuals/Natural Persons: INR 1,600 for e-filing, INR 1,750 for physical filing.
- Small Entities: INR 4,000 for e-filing, INR 4,400 for physical filing.
- Other Entities (Large Corporations): INR 8,000 for e-filing, INR 8,800 for physical filing.
Additional Costs
Additional fees may apply for extra claims, pages, or priority documents. For example:
- Each Additional Claim:INR 320 (individuals), INR 800 (small entities), INR 1,600 (other entities).
- Each Additional Page Over 30 Pages: INR 160 (individuals), INR 400 (small entities), INR 800 (other entities).
Provisional vs. Complete Specification
- Provisional Application: Generally lower cost, serving as a placeholder to secure an early filing date. Costs are the same as standard filing fees.
- Complete Specification: Required to be filed within 12 months of the provisional application. Fees are similar to those mentioned for standard filing.
How to File a Patent in India?
To file a patent in India, you need to prepare detailed documentation, conduct a prior art search, and submit your application through the Indian Patent Office’s e-filing system or in physical form.
Patent Renewal Fees in India
Annual Renewal Fees
The annual renewal fees in India increase progressively over the patient’s lifetime. The fees for individuals, small entities, and large corporations are structured differently. Here’s an example for the first few years:
- Years 1-3: INR 800 (individuals), INR 2,000 (small entities), INR 4,000 (large entities) per year.
- Years 4-6 INR 2,400 (individuals), INR 6,000 (small entities), INR 12,000 (large entities) per year.
- Years 7-9: INR 4,800 (individuals), INR 12,000 (small entities), INR 24,000 (large entities) per year.
- Years 10-20: INR 8,000 (individuals), INR 20,000 (small entities), INR 40,000 (large entities) per year.
Factors Affecting Cost
- Type of Application: Provisional or complete specification.
- Number of Claims: More claims incur higher fees.
- Number of Pages: Applications exceeding 30 pages attract additional costs.
How to File a Patent in India for Free
While there is no way to completely avoid patent filing costs, some strategies can help minimize expenses:
- Utilize Government Schemes Some government programs offer financial assistance to startups and individual inventors.
- Fee Waivers for Small Entities: Small entities can benefit from reduced fees.
Applying for a Patent in India
Step-by-Step Guide
1. Patent Search
Before filing, it is advisable to conduct a patent search to ensure your invention is novel and non-obvious. This step helps in determining the patentability of your invention.
2. Patent Drafting
A detailed description of your invention is drafted, including claims that define the scope of the invention.
3. Filing the Patent Application
The drafted application is then filed with the Indian Patent Office. You can choose to file a provisional (if the work is likely to be completed in 12 months) or complete application (if the data etc. is available).
4. Publication
The application is published in the official patent journal 18 months from the filing date or priority date but with early publication the time is reduced to just 1 month or less. We recommend you opt for the same.
5. Examination
A request for examination must be filed within 48 months from the priority date. The examiner reviews the application to ensure it meets all patentability criteria. To complete the process as soon as possible, its recommended to file the request for examination along with the Patent Application.
5. Grant of Patent
If the application meets all the requirements, the patent is granted and published in the patent journal.
Fee Structure
The fee structure varies depending on the type of applicant (individual, startup, small entity, or large entity). Below is a brief overview of the fees:
1. Filing Fees:
Individuals/Startups/Small Entities: INR 1600
2. Publication Fees:
Fee for Early Publication: INR 2500
3. Examination Fees
There are two routes – Normal & Expedited; any one can be opted. With expedited examination the time required to process is reduced by almost half. i.e. for normal route if the time required for the End-to-end processes 2 to 3 years, with expedited its about 6 months to 1 year. For expedited examination there needs to be a female applicant in the invention.
- Normal – Individuals/Startups/Small Entities: INR 4000
- Expedited – Individuals/Startups/Small Entities: INR 800
4. Post Filing prosecution
- FER Response: Once request for examination is filed, the applicant receives a First Examination Report (FER) detailing the objections raised by the Patent Office; the patent agent will draft the FER response & file it at a nominal fee.
- Hearing: If the patent is granted after the FER response, then Hearing is not needed and there is no need to pay but at times the Patent office may order a video conference meeting to further clarify the details of the invention the patent agent will attend the hearing along with the inventors and submit the reply at a nominal fee.
5. Renewal Fees.
Varies based on the number of years the patent is maintained
Please reach out to us directly. Should you have any questions or need further assistance, please do not hesitate to contact us at +91 9971117009 or email us ipr@lexgin.com. We are here to support you through every step of the patent process.
