Cost in India For Obtaining a Patent

Patent Cost in India:

It is understood that patenting is an expensive and extensive process. Usually, while filing a patent, only the statutory filing fees (Official fee) and the professional fees are disclosed. However, after the filing, certain other charges are to be paid to the Indian Patent Office (IPO). Therefore, one must understand the patent registration procedure and realize the cost break-up while applying for a patent.

Patent Filing:

Firstly, while filing a patent application, the applicant’s status- whether a natural person, small entity, or other than a natural person – is considered. Other than a natural person may include a legal entity; it may also include a legal entity and a natural person jointly. The small entity will have to submit Form-28 along with necessary evidence documents.

Cost for patent application: The basic patent filing fee is only INR 1600 for individuals, startups, MSMEs, or Educational Institutions; however, the official filing fee is five times higher for large entities, i.e., INR 8000.

Specification and Claims:

The IPO levies no additional patent fees for a specification of up to 30 pages and up to 10 claims. However, if the specification exceeds 30 pages or there are more than ten claims, an extra fee is to be paid per page or claim.

Early Publication:

All patent applications filed are published in the Patent Office Journal 18 months after the application filing date. However, if the publication needs to be hastened, there is an option of early publication by filing Form-9 and making appropriate payments. If an early publication has been opted for, the application will be published within one month from the date of the request.

Cost for early publication: The government fee is ONLY INR 2500 for all applicants except large entities, whereas it is 500% more for large entities, i.e., INR 12500.

Request for Examination: 

Applications are examined only when the applicant pays the examination fees; otherwise, the applications are deemed abandoned. The examination fee must be paid within 48 months from the priority or filing date. It is to be kept in mind that earlier payment of fees entitles earlier examination, thus hastening the patent procedure.

Cost for Request for Examination:  The patent fee for all applicants except large entity is only INR 4,000, but the govt fee is INR 20000 for large entities.

However, one can also file the request for the FastTrack examination to expedite the patent application process.

Cost for Request for Fasttrack Examination: INR 60000 is the fast-track examination fee for large entities, whereas it is 7.5 times lesser INR 8000 for all other applicants.

The following table provides the Patent fees in India for the patent registration process and various entities. (Natural person/ startup, small entity, and large entity).

Patent Fees in India