Patent Costs in India: Patent Fees and Process

Patent Costs in India: Patent Fees and Process

Once you have decided that patents are the right form of intellectual property you need to protect, two important questions need to be answered:

Patent Costs in India: Patent Fees and Process

1. Idea Documentation: The first step in patent filing is documenting the invention in detail. This includes describing the invention, its working, and its advantages. Proper documentation is crucial for the subsequent steps in the patent process.

2. Patent Search: Conduct a thorough patent search to ensure that the invention is novel and not already patented. This step helps in identifying existing patents that may be similar to the invention, reducing the risk of infringement.

3. Drafting the Patent Application: The next step is drafting the patent application. This involves preparing detailed specifications, including the description, claims, abstract, and drawings of the invention. It is advisable to seek the help of a patent attorney to ensure the application is well-drafted.

4. Filing the Application: The patent application can be filed online or offline with the Indian Patent Office. There are different types of applications, such as provisional and complete applications. A provisional application can be filed initially if the invention is not fully developed, followed by a complete application within 12 months.

5. Publication of the Application: After 18 months from the filing date, the patent application is published in the official patent journal. This publication makes the invention publicly known. The applicant can request early publication if needed.

6. Request for Examination: A request for examination must be filed within 48 months from the filing date. The patent office examines the application to ensure it meets the patentability criteria, including novelty, inventive step, and industrial applicability.

7. Examination Report: The patent office issues an examination report with any objections or requirements for additional information. The applicant must respond to these objections within six months, addressing all the concerns raised by the examiner.

8. Hearing and Decision: If the objections are not satisfactorily resolved, the patent office may call for a hearing. Based on the hearing and the responses provided, the patent office decides whether to grant the patent.

9. Grant of Patent: If the application meets all requirements, the patent is granted and published in the patent journal. The patent holder is then issued a certificate of grant, providing them exclusive rights to the invention for 20 years from the filing date.

10. Maintenance of Patent: To maintain the validity of the patent, annual renewal fees must be paid. Failure to make these payments could result in the patent expiring before the end of its 20-year term.

Patent Costs in India: Patent Fees and Process
1. How much will it cost to obtain a patent registration in India?
2. Who can I trust to help me with the patent process, or should I do it myself?

The order of these questions may vary for you, but both are closely related. The cost of getting a patent depends significantly on whether you choose to work with a patent firm/patent agent or handle the process yourself.

Choosing a patent firm to assist you means understanding that government fees for patents in India amount to only 5-25% of the total cost, with the remaining 75-95% being professional fees paid to the patent firm.

In this post, we will focus on calculating the fees involved in a standard patent process, and consider the costs of both professional help and completing the process yourself. The former estimation will be based on the average professional patent fee charged by some leading firms in India. Additionally, we have included a patent cost calculator that will help you assess fee proposals from different law firms and understand your total costs.

Returning to the costs, fees involved in the patent process include:

1. Government fee
2. Professional fee

Government Patent Fee
This fee is payable to the patent office and is a mandatory expense. The government fee also varies based on the type of applicant. The Indian patent office classifies applicants as natural persons and entities, each further divided into different categories.

Professional Patent Fee
If you choose to hire a patent firm or expert, their professional fee will also apply, in addition to the government fee. While it is not mandatory to hire a patent firm and you can handle the entire patent process yourself, it is highly recommended to seek professional expertise if you are serious about protecting your invention.

The right professional firm can add significant value to your invention and help you submit the best possible application. However, this professional assistance comes at a cost, which can represent 75-95% of the total fee. If you are unsure about where to find high-quality patent firms, you should check out Zatalyst’s list of premier patent and IPR firms in India.

Total Patent Costs: Step-by-Step from Filing to Grant
In our journey through the patent registration process, it’s essential to understand the financial commitment involved from the initial filing to the granting of the patent. Here, we will break down the total patent costs step by step, offering clarity on whether you choose to navigate the process with professional assistance or independently.

Step-by-Step Financial Breakdown of the Patent Process in India:

Patent Costs in India: Patent Fees and Process

1. Drafting the Patent Application
The process begins with creating a robust patent application. If you opt for professional services, the cost can range from ₹25,000 to ₹75,000. A well-drafted application significantly enhances the chances of your patent being granted.

2. Filing the Patent Application
The filing fee for individuals, startups, or small entities is a modest ₹1,600, while large entities are required to pay ₹8,000. Opting for professional help can increase the cost to between ₹5,000 and ₹12,000, covering the detailed preparation of documents and submission.

3. Requesting Examination of the Patent Application
To move your application forward, an examination request must be filed. This costs ₹4,000 for smaller entities and ₹20,000 for larger ones. Professional fees for handling this request can add an additional ₹5,000 to ₹12,000 to your budget.

4. Responding to Examination Reports
The patent office often issues examination reports that require a detailed response to address any concerns raised. This step incurs no government fees, but professional fees can range from ₹20,000 to ₹60,000, depending on the complexity of the issues to be addressed.

5. Patent Grant
The final step in securing your patent is the grant itself, which incurs no government fee. However, professional services for ensuring all documentation is correctly processed and submitted can cost between ₹1,000 and ₹5,000.

Patent Costs in India: Patent Fees and Process

Total Costs of Patent Process (With and Without Professional Help)

Below you can see an estimation of the total fee involved (with or without professional help) for an individual/startup / small entity / educational institute or a large entity.