Patent filling procedure by general routing at the best price from best processionals

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What is the cost of patent registration in India?

#Patent Filing by General Route in India

The cost of getting a patent depends on multiple factors.

factors which affect the total cost of getting a patent in India:

  • The stage of the invention (whether you are going for provisional or complete patent application)

  • Route of filing a patent application (Normal route, expedited route )

  • Desired countries for protection of invention by patent (whether you choose India only, international patent application, PCT route or Convention route)

  • Number of pages in the patent application

  • Number claims

  • The complexity of the invention (the patent agent/attorney charges may vary here)

  • A patent agent or attorney charges for drafting and filing a patent application ( sometimes these also defer based on types of the client like individual, company or students / educational institute )

  • whether or not your patent application receives objection by the government patent office at the time of examination

  • Response to objections (charges depending upon complexity and number of objections received by the patent office)

  • and many minor things may change the overall cost (sometimes slightly and some times significantly)

Note: Costs discussed in the section below and subsequent chapter are exemplary and may vary with respect to patent professionals and Intellectual property firms.

Generally speaking,

There are two elements for the cost of getting a patent/filing a patent in India:

  • The Government fees for Forms, requests, and renewals.

  • Professional Charges for a patent professional that is patent agent/attorney

Government fees also are different for an individual investor, small entity, and a company.

The cost to file a patent is approximately Rs. 35,000 to 45,000. (cost would be lowest for students and startups) This is assuming that you have hired a patent (agent) professional for patent research, writing, and filing patent applications for your invention.

Novelty search: this is an optional step

The novelty search or patentability search is an Optional step, You may or may not do it, however, our section below discuss this in detail

Patentability search or Novelty search

In this phase, a patent professional performs an extensive search for prior arts in all possible databases for a patent, articles, thesis, etc… And builds a patentability search report based on the closest prior art found for your invention.

As this search is performed before filing a patent application at the Patent Office, the attorney charges for Novelty search ranges from ₹ 10,000 to ₹15000.

Patent Drafting (Writing)

Patent drafting or patent writing is the most important and critical stage in getting a patent for your invention.

to know why and how of this process please check our sections on :

Drafting a patent application is a specialized job and requires both technical (field of the invention) and legal (Indian patent act) understanding. a patent is a techno-legal document. Many inventors trying to write patent applications on their own write it from a completely technical perspective. Writing a patent application as a technical document without considering legal aspects may be a mistake that can make your application not worth a lot. And all the efforts you took for research and development can go waste.

Hence, the right patent professional (patent agent) with appropriate experience would be the most important investment you can make to protect your invention with the broadest possible scope.

It takes about 1 to 2 weeks time for a patent agent/attorney to work on your invention (writing patent application) and send it to you for approval before filing into the government patent office.

The attorney fees for patent drafting range from ₹ 15,000 to ₹35000. 

  • The provisional patent application (about ₹ 15,000 )

  • Complete patent application after provisional patent application (₹ 20,000 )

  • Directly going for a complete patent application (without going for provisional patent application) (₹ 30,000) 

Filing patent application

Patent filing involves patent office fees as explained in the table below. When you are done with the review of the patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application in a prescribed manner. That is with appropriate forms with appropriate fees.

Government fees are Rs. 1600 or 4000 0r 8000 (based on the type of applicant) while submitting the patent application in the patent office.

If you do not file a request for early publication (fees mentioned in the table below) the patent application will be published on expiry of 18 months. The patent application is filed in the patent office. The patent application is filed in form 1, which is always accompanied by either provisional or complete specification in form 2.Costs: there are no professional fees for patent filing patent application (provided fees is paid for patentability search and patent drafting )

Government forms and fees: Relevant form for a patent application is Form 1 and Provisional/Complete Specification in Form 2

There are many things needed to consider before giving an exact fee amount, as it depends on the number of sheets in the patent specification, a number of claims, etc. but below are approximate costing for this stage.

 

Individual

Small Entity

Other than a small entity

Application For grant of patent

1600

4000

8000

 

Time: the time required is less than 1 day (if filed online)

The outcome of this filing patent application is :

  • You receive a receipt for filing a patent application in the government patent office with the invention title, your name along with time and date of filing.

  • Now, your invention is safe and you have secured a priority date for your invention, which makes you less worried about the confidentiality and safety of your invention.

  • The patent application will be taken to subsequent steps as performs, requests and fees submitted as per standards.

check form 1 and form 2 for details on the government patent website  http://www.ipindia.nic.in/form-and-fees.htm

 Early Publication request (optional step )

Generally, the application is automatically published after 18 months from the filing date. No fees or action is required by the inventor. If you don’t want to wait till the expiry of 18 months, An early publication request can be made along with prescribed fees.

Rule 24. The period for which an application for patent shall not ordinarily be open to the public under sub-section (1) of section 11A shall be eighteen months from the date of filing of the application or the date of priority of the application, whichever is earlier. Provided that the period within which the Controller shall publish the application in the journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of the request for publication under rule 24A.

Rule 24A. Request for publication.—A request for publication under sub-section

(2) of the section, 11A shall be made in Form 9.

The early publication request can be made (optional step) with form 9 and by paying prescribed fees as per the table below; in general, the patent application is published within a month form request for early publication. Government forms and fees:

Form 9. Remember, there are no fees for publication of application automatically after 18 months of the filing date. The fees mentioned below are for optional steps if you want to go for an early publication request.

 

Individual

Small Entity

Other than a small entity

Request for early publications

2500

6250

12500

 

Refer forms and fees on the government website for  patent http://www.ipindia.nic.in/form-and-fees.htm 

Request for examination (RFE)

The patent application is examined only after receiving a request for an examination that is RFE. The inventor/applicant needs to file a request for examination (RFE) within 48 months of the filing date or priority date. This RFE is made with form 18 and the government fees for the same are mentioned in the table below.

Upon receiving this request the controller gives your patent application to a patent examiner who performs searches for checking patentability of the invention (as per patentability criteria). and then the examiner creates a first examination report FER of the patent application.

The first examination report submitted to the controller by the examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and any objections raised regarding patentability requirements for the invention. The same examination report (with objections) is communicated to you (inventor) / patent applicant. Government forms and fees:

Form 18. The fees for a request for examination RFE is as below.

 

Individual

Small Entity

Other than a small entity

Application For examination

4000

10000

20000

 

check details on forms and fees on the government website for patent: http://www.ipindia.nic.in/form-and-fees.htm

Respond to objections (if objections received)

The majority of patent applicants (inventors) will receive some type of objections based on the examination report. The best thing to do is to analyze the examination report with a patent agent/attorney and create a response to the objections raised in the examination report. This is a chance for an investor to communicate his novelty and nonobviousness of the invention based on the kind of objections received.

You (as an inventor) / applicant supposed to answer the objection raised within 12 months from the date on which the First examination report is forwarded to you.

The inventor and patent agent create and send a response to the objections that tries to prove to the controller that his invention is indeed patentable and satisfies all patentability criteria.

Or optionally accepts the objections and amends the patent application as pointed out in the first examination report.

If the controller is satisfied with the response to the objections or the amended patent application. Upon finding the patent application in order of grant, The patent is granted to you (inventor) / applicant as early as possible !!! with a seal of the patent office and the date of grant is registered in the register of patents.

Professional Fees:

The patent agent /attorney may charge a professional fee to respond to objections based on the complexity of the objections and the number of objections received. The fees for a response to objections vary from Rs. 5000 to Rs. 20000 depending on complexity, subject matter, and a number of objections.

Summary

Patentability search: it is an optional step. This search takes around 8-10 working days and costs Rs. 10,000/-.

Patent drafting and filing:  The official fees for filing a Patent Application is ₹ 1,600/- or 4000 or 8000 for individual or small entity or large entity respectively. Attorney fees for drafting patent applications can range from (₹20,000 to ₹35,000).

  • The provisional patent application (about ₹ 15,000 )

  • Complete patent application after provisional patent application (₹ 20,000 )

  • Directly going for a complete patent application (without going for provisional patent application) (₹ 30,000)

Early Publication request: it is an optional step. Attorney fees are 3000 and official fees for Request for early publication is 2500 or 6250 or 12500 for Individual inventors or small entities or other than small entities respectively.

Request for examination:  the Official Filing Fees for which is ₹ 4,000/- for a natural person, Rs. 10,000/- for a small entity and Rs. 20,000/- for other than a natural person. The professional fees for this would be ₹ 3000.

Response to examination report (objections): The professional fees for replying to the examination report from the patent office would be ₹ 6,000-20,000 as per the complexity and number of objections.

Bottom Line

If you want to file a patent through the professionals too, let The Legal Bank & Zumosun help you integrate your patent filing and grant the patent so your business and career can grow faster and make more accurate decisions. Save time and plan for the future of your business & career. Visit us on Zumosun / TheLegalBank or contact +91-9116098980/9119112929

 

Writer:- 

Prakash Chand Sharma

Research Scientist 

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