Patent Cost in India: Complete Guide to Official Patent Fees and Charges

Introduction: Understanding Patent Costs in India

Patent filing in India is often perceived as expensive, not because the official fees are high, but because the cost structure is misunderstood. Most applicants are aware only of the initial filing fee, while several statutory fees arise at later stages of the patent lifecycle—publication, examination, amendments, and prosecution.

In India, patent costs are stage-wise, entity-dependent, and procedural, meaning the total cost varies based on:

• who files the application,
• how the specification is drafted,
• and how quickly the applicant wants the application to be examined.

This guide explains every official patent fee payable in India, as prescribed by the Indian Patent Office (IPO), with clear explanations of when, why, and how each fee becomes applicable. The objective is to help inventors, startups, MSMEs, and companies plan patent budgets accurately and avoid unexpected statutory expenses during prosecution.

“For applicants who want an instant estimate of official fees based on pages, claims, and applicant category, Intepat IP also provides a dedicated Patent Fees Calculator for quick evaluation (The calculator estimates statutory government fees only and does not include professional charges).”

What Determines the Cost of a Patent in India

Unlike a flat-fee system, patent costs in India depend on multiple controllable and procedural factors. Understanding these early helps applicants make informed decisions.

1. Applicant Category

Patent fees vary significantly depending on the applicant’s legal status under Indian patent rules:

• Natural person (individual inventor)
• Startup / MSME / Educational Institution
• Large entity (companies not qualifying as startups or MSMEs)

Applicants claiming startup or MSME benefits must submit Form-28 with supporting documents. Importantly, joint applications involving a company and an individual are treated as large entities, attracting higher official fees.

2. Length of Specification and Number of Claims

The Indian Patent Office allows:

• Up to 30 pages of specification, and
• Up to 10 claims

without additional charges. Any excess pages or claims attract per-unit statutory fees, which can significantly impact total cost—especially for technology-heavy inventions.

This makes claim strategy and drafting discipline a cost-critical consideration, not just a legal one.

3. Speed of Patent Prosecution

Applicants can influence timelines—and costs—by choosing between:

• Ordinary examination, or
• Expedited (fast-track) examination

Similarly, applicants may choose early publication instead of waiting for automatic publication after 18 months.

Each acceleration step involves additional official fees, which must be evaluated against business timelines and enforcement needs.

You can read detailed guidance on these aspects here:

• Early Patent Publication in India
• Expedited Patent Examination in India

4. Post-Filing Actions During Prosecution

Patent prosecution may involve:

• amendments to claims or specifications,
• responses to examination reports,
• hearings before the Controller,
• or procedural changes such as address updates.

Each such step may trigger additional statutory fees, which are often overlooked at the filing stage.

Patent Filing Fees in India (Applicant-Wise Explanation)

The first statutory cost in the Indian patent process arises at the time of filing a patent application, whether provisional or complete. The applicable official fee is determined primarily by the applicant category declared at filing.

Under Indian patent rules, applicants are classified into the following categories:

• Natural person (individual inventor)
• Startup / MSME / Educational Institution
• Large entity (any applicant not qualifying under the above categories)

Startups and MSMEs must submit Form-28 along with supporting documents to claim the reduced fee structure. If Form-28 is not filed or is defective, the application is treated as a large entity filing, and higher fees apply.

Official Patent Filing Fee (Up to 30 Pages & 10 Claims)

• Individuals / Startups / MSMEs / Educational Institutions: INR 1,600
• Large entities: INR 8,000

It is important to note that joint applications involving a company and an individual inventor are treated as large entity filings, regardless of the individual’s status.

At this stage, there is no separate fee for:

• Statement and undertaking (Form-3)
• Declaration of inventorship

These forms are mandatory but do not attract additional statutory charges.

Publication of Patent Applications in India

(Normal vs Early Publication)

By default, every patent application filed in India is published automatically after 18 months from the filing date or priority date, whichever is earlier. This automatic publication does not attract any official fee.

However, applicants who wish to:

• accelerate prosecution,

• signal innovation publicly, or

• move quickly toward enforcement,

may opt for early publication by filing Form-9.

Early Patent Publication Fees

• Individuals / Startups / MSMEs / Educational Institutions: INR 2,500

• Large entities: INR 12,500

Once an early publication request is filed, the application is typically published within one month from the date of request.

Early publication is often used in conjunction with expedited examination, but it also carries strategic considerations. A detailed explanation of timing, benefits, and risks is covered in our detailed guide on early patent publication.

👉  https://www.intepat.com/blog/early-patent-publication-india

Request for Examination (RFE) Fees and Timeline in India

Filing a patent application in India does not automatically trigger examination. A patent application is taken up for substantive examination only after a formal Request for Examination (RFE) is filed with the Indian Patent Office.

Statutory Deadline for Filing RFE (Important Update)

Under Rule 24B of the Patents Rules, the timeline for filing the Request for Examination depends on the filing date of the patent application, due to recent amendments.

• For patent applications filed on or after 15 March 2024:
  The Request for Examination must be filed within 31 months from the date of filing or the priority date, whichever is earlier.

• For patent applications filed before 15 March 2024:
  The earlier rule continues to apply, and the Request for Examination can be filed within 48 months from the date of filing or the priority date, whichever is earlier.

Failure to file the RFE within the applicable statutory period results in the patent application being deemed abandoned, with no provision for restoration.

Practical note:
For many PCT national phase applications entering India at 31 months, this amendment effectively means that the RFE must be filed at the time of national phase entry (or immediately thereafter) for applications governed by the amended rules.

Official Fees for Ordinary Examination

The government fee for filing a Request for Examination is as follows:

• Individuals / Startups / MSMEs / Educational Institutions: INR 4,000
• Large entities: INR 20,000

Earlier filing of the RFE generally results in earlier placement of the application in the examination queue, which can influence overall prosecution timelines.

Applicants evaluating timelines and statutory costs together can use the Patent Fees Calculator to estimate examination-stage fees in advance.

Fast Track (Expedited) Examination Costs in India

To significantly reduce examination timelines, eligible applicants can opt for expedited examination by filing the prescribed request along with applicable fees.

Official Fees for Expedited Examination

• Individuals / Startups / MSMEs / Educational Institutions: INR 8,000
• Large entities: INR 60,000

While expedited examination involves a higher upfront fee, it can substantially reduce time to grant, which may be critical for:

• fundraising,
• licensing,
• regulatory filings, or
• enforcement strategy.

Eligibility conditions and strategic considerations for fast-track examination are explained in detail here:

👉 https://www.intepat.com/blog/expedited-patent-examination-india

Applicants can compare ordinary vs expedited examination costs using the Patent Fees Calculator to evaluate whether acceleration aligns with business priorities.

Amendment and Other Post-Filing Patent Fees in India

Beyond filing, publication, and examination, patent applications often require procedural or substantive changes during prosecution. Certain post-filing actions attract separate statutory fees, which applicants should factor into overall cost planning.

Amendment Fees (Before Grant)

Amendments may be required to:

• address objections raised in the First Examination Report (FER),
• correct clerical errors, or
• align claims with prior art cited by the Patent Office.

Official fee for amendment before grant:

• Individuals / Startups / MSMEs / Educational Institutions: INR 800
• Large entities: INR 4,000

While a single amendment may appear inexpensive, multiple amendment rounds during prosecution can cumulatively add to the total statutory cost.

Change of Address or Other Procedural Updates

Applicants are required to keep the Patent Office records updated in case of:

• change in applicant address,
• change in address for service, or
• correction of clerical particulars.

Official fee for address-related amendments:

• Individuals / Startups / MSMEs / Educational Institutions: INR 320
• Large entities: INR 1,600

Although procedural in nature, failure to update records correctly can lead to missed deadlines or communication issues, indirectly affecting prosecution outcomes.

Hidden and Long-Term Patent Costs Applicants Often Miss

While statutory filing and examination fees are predictable, several cost elements arise only during prosecution or later stages. These are frequently overlooked at the time of filing but are critical for realistic patent budgeting.

1. Multiple Examination Responses and Hearings

Many patent applications undergo:

• more than one examination response,
• written submissions addressing prior art objections, and
• oral hearings before the Controller.

Although hearings themselves do not attract significant government fees, associated amendment filings and procedural submissions may trigger additional statutory charges, especially if prosecution extends over multiple rounds.

2. Divisional Patent Applications

If the Patent Office raises a lack of unity of invention objection, the applicant may be required to file one or more divisional patent applications.

Each divisional application:

• is treated as a separate patent filing, and
• attracts fresh filing, publication, and examination fees.

For inventions covering multiple inventive concepts, divisional filings can substantially increase overall statutory expenditure.

3. Patent Renewal (Maintenance) Fees in India

Patent-related costs do not end with filing or even with grant.

In India:

• annual renewal fees are payable from the 3rd year onwards, regardless of whether the patent is granted or pending,
• renewal fees increase progressively with each year of the patent term, and
• non-payment of renewal fees results in lapse of patent rights.

Renewal obligations represent a long-term statutory commitment, particularly for applicants maintaining patents over the full 20-year term. A detailed explanation of renewal timelines, fee slabs, and consequences of non-payment is covered separately in our guide on patent renewals.

👉 https://www.intepat.com/blog/patent-renewal-in-india

4. Strategy-Driven Costs (Often Overlooked)

Certain strategic decisions made early in the patent process can indirectly influence statutory costs, including:

• opting for early publication in combination with expedited examination,
• filing broader claims initially and narrowing them later through amendments,
• delaying or accelerating examination requests.

Each approach involves trade-offs between cost, timeline, and enforceability, which should be evaluated carefully before filing.

Patent Fees in India – Statutory Fee Table (Official Fees Only)

The table below summarises the official government fees payable to the Indian Patent Office, based on applicant category and procedural stage. These fees are prescribed under the Patents Rules and are exclusive of professional drafting, prosecution, and advisory charges.

Sl. No.
	On What Payable	Patent Fee
		Statutory Fee/Official Fee (INR)
		Natural person/ Startup/Small Entity	Large Entity
1	Application for a Patent (Provisional or Complete Specification) – Up to 30 Pages & 10 Claims	1600	8000
2	For each sheet, in addition to 30	160	800
3	For each claim, in addition to 10	320	1600
4	Statement and Undertaking	No fee	No fee
5	Declaration of inventorship	No fee	No fee
6	Request for Publication	2500	12500
7	Request for Ordinary Examination	4000	20000
8	Request for Expedited Examination	8000	60000
9	Amendment (before grant)	800	4000
10	Amendment of Address Change	320	1600

 

Important Notes on the Fee Table

• The above fees apply only to statutory government charges payable to the Indian Patent Office.
• Reduced fees for startups and MSMEs require submission of Form-28 with valid supporting documents.
• Joint applications involving a company and an individual are treated as large entity filings.
• Fees are subject to revision by the Patent Office and should be verified at the time of filing.
• Examination timelines depend on RFE filing date, which is 31 months or 48 months depending on the filing date of the application (as explained earlier in this guide).

Applicants can use the Patent Fees Calculator to estimate these official fees dynamically based on pages, claims, and examination choices.

Conclusion: Planning Patent Costs Strategically in India

Patent costs in India are not a single upfront expense, but a sequence of statutory payments arising at different stages of the patent lifecycle. While the initial filing fee is relatively modest, total official fees depend on:

• applicant category,
• specification length and claim strategy,
• publication and examination choices, and
• post-filing actions during prosecution.

Recent regulatory changes—such as the reduction of the RFE timeline to 31 months for newer filings—make early cost planning even more critical, particularly for startups and PCT applicants.

This guide is intended to provide clarity on when and why official patent fees arise, while related resources explain specific stages in greater detail:

• Early publication decisions
• Expedited examination strategy
• Long-term renewal obligations

For applicants who want to translate this understanding into practical budgeting, the Patent Fees Calculator offers a quick way to estimate official government fees before and during filing.

A well-planned patent filing approach—combining procedural awareness with cost foresight—helps applicants avoid unintended abandonment, manage timelines effectively, and build sustainable patent portfolios.

FAQs on Patent Fees and Cost in India

1. What is the minimum official cost to file a patent in India?

The minimum statutory cost to file a patent application in India is INR 1,600 for individuals, startups, MSMEs, and educational institutions, provided the application contains up to 30 pages and up to 10 claims. For large entities, the official filing fee is INR 8,000.

2. Does the patent filing fee include examination and publication costs?

No. The filing fee covers only the submission of the patent application. Separate statutory fees are payable for early publication (if opted) and for filing the Request for Examination, which are mandatory for the application to proceed.

3. How do the number of claims and pages affect patent cost in India?

Patent applications exceeding 30 pages or 10 claims attract additional statutory fees per page and per claim. For inventions with complex disclosures or broad claim coverage, these excess fees can significantly increase the total official patent cost.

4. Are patent fees lower for startups and MSMEs?

Yes. Individuals, startups, MSMEs, and educational institutions are eligible for reduced official patent fees. To claim this benefit, applicants must submit Form-28 with valid supporting documents. If this requirement is not met, large entity fees apply.

5. Is the Request for Examination (RFE) mandatory, and does it affect patent cost?

Yes. Filing a Request for Examination is mandatory for all patent applications. The RFE attracts a separate statutory fee, and failure to file it within the prescribed timeline results in the application being deemed abandoned.

6. Are patent renewal fees included in the filing cost?

No. Patent renewal (maintenance) fees are separate from filing costs and are payable annually from the 3rd year onwards, irrespective of whether the patent is granted or pending. These fees represent a long-term cost commitment for maintaining patent rights in India.