Patent Filing Forms And Fees
Understanding Patent Filing Fees & Forms in India: For Startups, MSMEs, and Indian and Foreign Patent Applicants
The patent filing process in India is governed by a set of official fees and forms, which have evolved over time to accommodate various categories of applicants. These modifications, particularly introduced by the Indian Government’s notification on February 28, 2014, include a distinct classification for “Small Entities” and a structured fee system based on applicant type. Understanding the specifics of these fees and the required forms is crucial for businesses—whether startups, MSMEs, or international companies—looking to protect their innovations in India.
Key Updates on Patent Filing Fees
- Introduction of Small Entity Category
In an effort to support innovation among smaller businesses, a new category known as the “Small Entity” was established. The fee structure for small entities now falls between that of individual applicants (natural persons) and larger entities, offering a significant cost advantage. Additionally, applicants submitting physical copies of documents (i.e., in hard copy) will incur an additional 10% fee compared to online submissions. - Mandatory New Form – Form-28
Small Entities must also submit Form-28 alongside their patent application. This form ensures that applicants meet the criteria for this category, offering them the reduced official fees. - Online vs. Physical Filing
Filing a patent application online is highly recommended, as physical submissions incur an additional 10% surcharge. The efficiency and cost-effectiveness of online submission make it the preferred method for most applicants.
Forms Required for Patent Filing in India
To initiate a patent application in India, the following forms must be filed with the Indian Patent Office:
- Form 1 – Application for Grant of Patent
- Form 2 – Provisional or Complete Specification
- Form 3 – Statement and Undertaking under Section 8
- Form 5 – Declaration as to Inventorship
These forms are critical for ensuring the validity of the application and ensuring all relevant legal provisions are met.
Official Fees for Patent Filing in India
Patent filing fees are categorized based on the type of applicant, and the Indian Patent Office has structured its fee system as follows:
- Individual Applicants & Startups: Enjoy the lowest official fees, which are typically one-fifth of the fees charged to larger entities.
- Small Entities: The fees are reduced by 50% compared to those charged to large entities.
- Large Entities: These applicants are subject to the highest fees.
Special Benefits for Startups & MSMEs in Patent Filing
India has introduced several measures to encourage startups and MSMEs to file patents and protect their intellectual property. These benefits are part of India’s broader push to support innovation and entrepreneurship under the Startup India Scheme.
How Startups Can Avail Benefits:
- Reduced Patent Filing Fees: As a DPIIT-registered startup, you qualify for 1/5th of the fees paid by large entities.
- Assistance from Startup Facilitators: Startups can seek support from official Startup Facilitators, who will provide expert guidance and help navigate the filing process.
- Legal and Professional Support: Filing through a Startup Facilitator ensures that your patent application is complete and legally sound, reducing the risk of delays.
Additionally, Startups that file their patent applications through these facilitators can avail of expedited examination requests and benefit from a faster patent grant process.
International Patent Filings in India: A Guide for Global Clients
For foreign applicants seeking to protect their intellectual property in India, the Indian Patent Office offers an efficient filing process. The following options are available for international patent protection in India:
- Patent Cooperation Treaty (PCT) Applications: If you’ve filed a PCT application through the World Intellectual Property Organization (WIPO), India will automatically be part of the process upon designation. The deadline to enter PCT National Phase patent application filing in India is 31 months from the date of earliest priority
- Direct National Filing: You can directly file a national ordinary patent application in India, which will be processed by the Indian Patent Office.
- A foreign applicant can also file a convention Patent Application in India within 12 months from the priority date of the earliest patent application (the first application filed in the convention country). This is the same as the international standard under the Paris Convention. Priority Date: The date on which the first patent application is filed in any country that is a member of the Paris Convention.
As per the Indian Patent Act 1970, the following provisions lay out the various forms of application and information required.
*Note that the aforesaid fee does not include costs or professional fee Patent Lawyers, Patent Agents etc.
Provisions Under the Indian Patent Act, 1970
According to the Indian Patent Act, the following provisions apply to patent applications:
- Single Invention Rule: Each patent application must pertain to a single invention.
- International Applications: If an international patent application (under the Patent Cooperation Treaty) designates India, it is treated as an Indian patent application once the corresponding application is filed with the Indian Controller.
- Assignment of Rights: If the patent application is made based on an assignment of rights, proof of the right to file must be submitted either with the application or within a specified period.
- Applicant’s Declaration: The applicant must declare that they possess the invention and identify the true and first inventor, if applicable.
- Specification Requirement: Every application must be accompanied by either a provisional or complete specification.
For further information on patent filing fees, forms and annuity charges , annuity fees in India, please access the official website of the Indian Patent Office at the link given below. : Patent Forms and Fees and also write to us at info@ssrana.com