Patent Cost in India: Detailed Guide to Application and Renewal Fees

How Much Does a Patent Cost in India?

patent cost in India is as low as  ₹1,600 incase of an individual or a startup, small entities pay ₹4,000, and large entities face a fee of ₹8,000 for up to 30 pages and 10 claims. patent fees in India are affordable but the prices vary based on the category and the services required.

The total patent cost in India ranges between ₹45,000 to ₹1,15,000 including professional fees for drafting and other services, depending on the complexity of the application and additional requirements like examination requests and responses to objections 123.

Patent Fees in India: Overall Cost Breakdown

Types of Patent Applications Granted in India

1. Provisional Patent Application

A provisional patent application (PPA) is an initial filing with the Indian Patent Office that establishes an early filing date for an invention. This gives inventors a year to refine their invention and disclose it publicly without losing their rights.

Filing a provisional application is quicker and less costly, as it does not require an abstract or claims. However, to retain the priority date, inventors must file a complete application within one year.

2. Non-Provisional Patent Application

An ordinary (or non-provisional) patent application is filed when an invention is fully developed. It includes comprehensive details about the invention’s structure, functionality, and distinctive features, as well as claims that define the scope of legal protection. This application is submitted with a complete specification.

To receive an actual patent grant, this application must fulfill all formal standards established by the Indian Patent Office. The patent office reviews non-provisional applications, as opposed to provisional applications.

3. Conventional Patent Application

A conventional patent application in India is based on an earlier application filed in another country. To retain the priority date of the original filing, the conventional application must be submitted within one year of that initial application. This approach is beneficial for those seeking to secure patent rights in multiple jurisdictions based on their first application.

4. International Patent Application (PCT)

An International Patent Application under the Patent Cooperation Treaty (PCT) allows an inventor to seek patent protection in multiple countries with a single application. By filing a PCT application, applicants secure an international filing date and can delay individual national filings. This simplifies the process of entering various national patent systems.

5. National Phase (PCT)

The national phase is the stage in which an international application is processed by the designated offices of the Contracting States. During this phase, applicants pursue patent protection in multiple countries simultaneously. It marks the point at which a PCT application enters the individual patent systems of selected countries for examination and approval. In India, applicants must submit their national phase application within 31 months of the PCT application’s priority date.

In the context of their international filings, innovators can apply for patents in India.

6. Addition Patent Application

A new patent application is submitted when an improvement or modification is needed for an already-patented invention. This type of application allows inventors to protect incremental advancements without starting an entirely new patent process, streamlining protection for enhancements to the original invention.

7. Divisional Patent Application

A divisional patent application is filed when a primary application contains multiple unrelated inventions or claims. This allows applicants to preserve the priority date of the original application while splitting it into separate filings. Each divisional application must focus on a single invention or claim.

Related Read: What are the 4 Type of Patents?

Patent Fees in India Set by the Government

The government of India establishes different patent cost in India for filing patent applications, which change according to the type of applicant and the type of application.

Fees for requesting examination:

Other mandatory government charges:

Patent Fees in India Set by the Professional

Patent applications are complex, so many hire professionals with varying patent cost in India for searches and drafting.

1. Patent Search

It is advisable to conduct a patentability search before filing a patent application to assess whether the idea is innovative and non-obvious. This search can help identify any existing patents that may conflict with the application.

Professional fees: ₹10,000 to ₹30,000

The search’s intricacy and the firm’s experience level determine its cost.

2. Drafting & Filing

To complete this step, a detailed patent application with clear specifications and claims must be prepared. A well-crafted application is essential to effectively protect the idea.

Professional fees: ₹20,000 to ₹75,000

The patent attorney‘s experience and the intricacy of the invention are two examples of factors determining the fees.

3. Patent Examination

Professional fees: ₹5,000 to ₹12,000 for processing requests for examinations

This involves getting detailed answers to any questions or concerns brought up by the patent office.

4. Grant of Patent

After the patent is accepted, a professional completes the necessary formalities, such as submitting any remaining paperwork and ensuring the patent is officially registered.

Since most difficult work is completed during the filing and examination stages, this step incurs lesser expenses.

Professional fees for finalizing grant: ₹1,000 to ₹5,000

Patent cost in India for renewal 

After a patent is granted in India, it must be renewed annually to maintain its validity for up to 20 years from the filing or priority date, whichever comes first. No renewal fees are required during the first two years following the grant of the patent.

The renewal fees in India vary based on the type of applicant and increase progressively over time. Below is a detailed breakdown of the renewal fees for different categories of applicants:

Discounted Patent Cost in India for Students and Academics

To promote creativity and safeguard intellectual property, the Indian government and some patent companies provide special reduced rates for professors, students, and academic institutions.

Special Discounted Fees Available:

1. Government Fee Reductions

Educational institutions in India receive an 80% reduction in government patent costs in India, allowing them to pay the same fees as individuals. This supports academic innovation.

2. Discounted Professional Fees

 Several patent attorneys and firms acknowledge the financial constraints students and professors face. They frequently provide discounted professional costs to support them.

Conclusion

In conclusion, the overall patent cost in India consist of professional and government expenses, which can differ significantly depending on the applicant’s category and the invention’s intricacy. It is crucial to comprehend these expenses at every phase of the patent procedure to effectively navigate patent law in India.

Patent protection continues to be a wise investment in safeguarding invention, whether for small businesses, startups, or major corporations.

Frequently Asked Questions

1. Why is a patent so expensive?

A patent is costly because obtaining exclusive rights to an invention requires a complex legal process that includes filing fees, examination fees, expert services, and other costs.

2. What are the main components of patent cost in India?

The main components of patent cost in India include government fees for filing, examination, and publication and professional fees for services like patent searches, drafting, and responding to examination reports.

3. Are there any discounts or exemptions available for certain applicants?

Yes, India offers up to 80% off government costs for individuals, startufeesmall businesses, and educational institutions seeking to apply for patents. Many professionals also offer discounted prices to students and academic institutions.

4. What are the standard government fees for patent filing and examination?

The typical patent filing fees in India is ₹1,600 for individuals and ₹8,000 for larger entities. Fees for examination requests are ₹20,000 for large entities and ₹4,000 for individuals.

5. How much do patent maintenance fees cost in India?

Patent maintenance fees in India start at ₹800 per year for individuals and startups and ₹ 4,000 for large entities. These fees increase over time, reaching ₹15,000 for individuals and ₹75,000 for large entities in the final years.

6. Are there any specific costs associated with international patent applications or PCT filings?

Yes, international patent applications under the PCT involve fees for filing, international search reports, and national phase entries, which vary by country. In India, it costs ₹3,600 for individuals and ₹18,000 for large businesses to enter the national phase.

7. Are there any insurance options available to cover patent-related expenses?

Yes, patent insurance options are available to cover expenses related to defending or enforcing a patent, including legal fees for infringement claims.