Patent Filing Forms And Fees
The Official fees for patent application have been modified by the Government of India, vide its notification February 28, 2014. A third category of applicant for patent has been introduced in the form of “small entity” and the fees charged to them have been fixed in between the fees for a natural person and legal entity. A new official form (Form-28) has also been introduced which has to accompany every new patent application to be filed by Small Entities. Further 10% additional fee shall be applicable when the applications for patent and other documents are filed through the physical mode, i.e., in hard copy format as opposed to the online mode.
The forms required to be submitted for a grant for patent in India at the time of filing are as follows
- Form 1 – Form for Application for grant of Patent
- Form 2 – Form for Provisional or Complete Specification
- Form 3 – Form for Statement and undertaking under section 8
- Form 5 – Declaration as to Inventorship
The official fees for filing for grant of patent, request for examination, expedited examination request, patent annuity etc in India is based on the type of applicant with the lowest fees payable by an individual applicant or a start up which is 1/5th of the fees payable by a Large Entity. For Small entity the fees 50% less as compared to the fees payable by a large entity.
The official fees as notified by the Indian Patent Office is as given below:
As per the Indian Patent Act 1970, the following provisions lay out the various forms of application and information required.
Form of application
- (1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office.
- (1A) Every international application under the Patent Cooperation Treaty for a patent, as may be filed designating India shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India.
- (1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty.
- (2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filing of the application, proof of the right to make the application.
- (3) Every application under this section shall state that the applicant is in possession of the invention and shall name the person claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor.
- (4) Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.
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