Patent Application Filing Cost
The official cost or official government fees for Patent filing in India is calculated on the basis of the type of applicant, no. of pages; no. of claims; and no. of priorities.
The official fee for filing a patent application in India by natural person(s) / individuals and/or Startup is INR 1600/-* for upto 30 pages, 10 claims, and single priority. Extra fees is payable for each additional priority, extra claims and extra pages.
Government official fees for filing a patent application in India by a Small entity alone or with a natural person(s) and/ or with a Startup, is INR 4000/-* for upto 30 pages, 10 claims, and single priority. Extra fees is payable for each additional priority, extra claims and extra pages.
Official fee for filing the patent application in India by a Large entity INR 8000/-*, for upto 30 pages, 10 claims, and single priority. Extra fees is payable for each additional priority, extra claims and extra pages.
| S. No. | On what payable | Official government fee for e-filing (INR) | Official government fee for physical filing (INR) | ||||
| 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# | ||
| 1 | For Preparing and Filing Application for grant of patent (within 30 pages, 10 claims), (as per the requirements of the Indian Patents Act), Statement and Undertaking and Declaration as to Inventorship with the Indian Patent Office (IPO). | 1600 | 4000 | 8000 | 1750 | 4400 | 8800 |
| 2 | Towards official fee per extra page above 30 pages. | 160 | 400 | 800 | 180 | 480 | 880 |
| 3 | Towards official fee per extra claim above 10 claims. | 320 | 800 | 1600 | 350 | 880 | 1750 |
Stages Of Patent Applications From Filing Till Grant In India
The various stages involved from filing till grant of patent applications in India are as follows
- Filing
- Publication
- Examination
- Grant
- Annuity / Renewal
Patent Filing
An inventor or applicant can apply for a patent at the head office of the Indian Patent Office or its branches depending upon the jurisdiction i.e. where the applicant resides or has a domicile or has a principle office of business. For foreign applicants, patent applications can be filed at the appropriate office, in whose jurisdiction the address for service or patent attorney’s office is situated.
Publication of Patent Application
Once a patent application is filed, it is published 18 months after the date of filing or the date of priority, (whichever is earlier).
Examination of Patent Application
To initiate examination proceedings the applicant is required to file a request with the Patent Office. If the examination report is adverse to the grant of Patent, the same is communicated to the applicant by issuance of a First Examination Report (FER). The applicant has to overcome the objections raised raised by the controller in the FER within a period of six months from the date of receipt which objections were forwarded to him, or else the application is deemed to be abandoned by the Patent Office.
Grant of Patent Application in India
Post examination after all objections are successfully overcome and the Patent is found in order for grant, the patent is granted as expeditiously as possible with the seal of the Patent Office. Grant of patent is published in the Patent Journal and Letters Patent is issued.
Patent Renewal / Patent Annuity India
A patent is granted for a term for 20 years from the date of earliest priority. Upon grant of patent, the annual patent renewal fees or patent annuity fees has to be paid for each year from the third year onwards. The patent annual renewal fee may be paid for 2 or more years in advance.
The Official Fees for filing for renewal of a patent in India is as follows:
- Natural Person/Startup – INR 800/-
- Small entity – INR 2,000/-
- Large entities / all other entities – INR 4,000/-
Term of Patent In India
Patents in India is 20 years (twenty years) from the date of application or priority date, whichever is earlier.
Annuity fee or renewal fee is required to be paid every year to keep the patent in force.
The First Schedule of Patent Rules provides for the official government fees for patent filing registration cost in India and can be accessed here.
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How to file Patent Application in India?
Know more about patent filing registration in India click here.
*The amount mentioned is for online application filing, based on minimum official government fees on the type of applicant, for upto 10 claims, 30 pages and single priority. Professional charges or fees is not included.
For more information on Patent Filing Cost, fees / charges, process and procedure in India please write to us at: info@ssrana.com