Patent Filing/ Registration- Official Fees / Cost in India is INR 1600/-*

Patent Application Cost

The official cost or official government fees for Patent application 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 (upto 30 pages, 10 claims, and single priority) in India by natural person(s) / individuals and/or Startup is INR 1600/-* . Extra fee is payable towards each additional priority, extra claims and extra pages.

The 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 fee is payable for each additional priority, extra claims and extra pages.

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 (IPO) or its branches depending upon the jurisdiction i.e. where the applicant resides or has a domicile or has a principal 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). In case a request for early publication is filed with the IPO, the application is ordinarily published within 1 month from the date of such request.

Examination of Patent Application

No patent application is examined unless a request for examination is filed with the IPO. To initiate examination proceedings, the applicant is required to file a request with the Patent Office within 31 months from the date of priority or date of application, whichever is earlier. 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 by the controller in the FER within a period of six months (extendable to three months) from the date of receipt of FER  or else the application is deemed to be abandoned by the Patent Office. The patent office also gives an opportunity of hearing to the applicant, if there is any outstanding objection before passing the order.

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. A 10% reduction in the official fee for renewal of a patent can be availed if the official fee for at least 4 years is paid in advance via electronic mode.

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.

Reduced Patent Application Cost for Start-ups, Small Entities and Educational Institutes

There have been several legislative attempts to encourage start-ups to innovate and also protect their innovations. Hence, the Government under its Start-Up India Campaign that commenced in 2016 has reduced the official patent application cost for Start-ups. Also, fee for small enterprises in India was reduced in the year 2020 and fee for educational institutes was reduced in 2021. Accordingly, the official fee payable by start-ups, small entity and educational institutes is same as that payable by a natural person.

The First Schedule of Patent Rules provides for the official government fees for patent filing registration cost in India and can be accessed by click here to learn more.

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How to file Patent Application in India?

Know more about patent filing registration in India.

*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 are not included.

For more information on Patent application Cost, fees / charges, process and procedure in India please write to us at: info@ssrana.com