Patent Assignment in India
The term “patent assignment” is not defined in the Indian Patent Act, 1970. However, the Act states that an assignment of a patent or of a share in a patent, a mortgage, or the creation of any other interest in a patent shall be valid only if the same is in writing and the agreement between the parties is in the form of a document. The deed of assignment shall comprise of all the terms and conditions governing the rights and obligations of the parties to the deed of assignment.
Registration of assignments– A person who by way of assignment and license becomes entitled to a patent or to a share in patent or becomes entitled as a mortgagee, licensee to any other interest in a patent, may apply in writing in Form-16 to the Controller General of Patents, Designs and Trademark (CGPDTM) for the registration of his title.
Where such an application is made for patent assignment, the CGPDTM shall upon proof of title or to his satisfaction, enter in the register particulars of assignment of trademark.
Documents required for Patent Assignment in India:
- Application for recordal of patent assignment on Form-16
- Deed of Assignment
- Documents evidencing transfer/assignment/sale/license of a patent or affecting the proprietorship
- The application shall be accompanied by two copies of the deed of assignment
Official Fee for Patent Assignment in India
The official fee for patent assignment in India varies depending on the type of applicant. The official fee for patent assignment for e-filing for natural persons and/or startup is INR1600/-, for small entity either alone or with natural person and/or startup is INR4000/- and for others, either alone or with natural person and/or startup and/or with small entity is INR8000/- in respect of each patent.
| On what payable | Official fee for e-filing | Official fee for physical filing | ||||
| Natural person(s) and/ or Startup | Small entity, alone or with natural person(s) and/ or Startup | Others, alone or with natural person(s) and/ or Startup and/ or small entity | Natural person(s) and/ or Startup | Small entity, alone or with natural person(s) and/ or Startup | Others, alone or with natural person(s) and/ or Startup and/ or small entity | |
| On application for the entry in the register of patents of the name of a person entitled to a patent or as a share or as a mortgage (patent assignment) | 1600 (In respect of each patent) | 4000 (In respect of each patent) | 8,000 (In respect of each patent) | 1750 (In respect of each patent) | 4400 (In respect of each patent) | 8,800 (In respect of each patent) |
*Official fees for patent assignment depends on the type of applicant. Professional fees not included.
The “First Schedule” appended to Rules, providing for the official fees for assignment of patent in India can be accessed here.
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