Tag Archives: indian patent application filing proceedure
Patent Application Filing Procedure-Process in India
Patent Application Filing Procedure-Process in India
Filing a patent application in the Indian Patent Office is the first step towards securing a patent to your invention in India. To file a patent application, a set of forms has to be submitted to the patent office. The forms can be submitted online (http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin) if you have a class 3 digital certificate. Alternatively, you can send true copies (hard copies) to the patent office. The patent office charges 10% additional fee if applications are filed offline.
Office | Address | Territorial Jurisdiction |
---|---|---|
Mumbai |
Intellectual Property Office, Boudhik Sampada Bhawan, Near Antop Hill Post Office, S.M.Road,Antop Hill, MumbaiI – 400 037. Phone: 24137701, 24141026, 24150381, 24148165, 24171457 FAX : 24130387 EMAIL: [email protected] |
The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli |
Chennai |
Intellectual Property Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032, Phone: 044-22502081-84 FAX: 044-22502066, Email: [email protected] |
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep |
New Delhi |
Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075, Phone : 011-28034304, 28034305 28034306 FAX:011- 28034301,02 Email: [email protected] |
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh. |
Kolkata |
Intellectual Property Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091, Phone : 23671945, 1946, 1987, FAX-033-2367-1988, Email:- [email protected] |
The rest of India. |
Form |
Title |
Patent office Fee (INR) 1$ = ~ 60 INR E-Filing only |
Comment |
||
Applicant-Natural person/ Startup |
Applicant –
other than natural person |
||||
Small Entity | Others except small entity | ||||
1 | Application for Grant of Patent | 1600 | 4000 | 8000 | Mandatory |
2 | Provisional/Complete Specification | No fee* | No fee* | No fee* | Mandatory |
3 | Statement and Undertaking Under Section 8 | No fee | No fee | No fee | Mandatory |
5 | Declaration as to Inventorship | No fee | No fee | No fee | Mandatory |
9 | Request for Publication | 2500 | 6250 | 12500 | Optional |
18 | Request for Examination of Application for Patent | 4000 | 10000 | 20000 | Mandatory |
* – A fee of 160/400/800/sheet, based on the type of applicant, is applicable for each sheet exceeding 30 sheets in a patent specification. Further, a fee of INR 320/800/1600/Claim, based on the type of applicant, is applicable for each claim exceeding 10 claims in the patent specification.
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No. of pages in the specification
- The Indian Patent office charges an additional fee for each additional page over 30.
- The total number of pages includes description, claims, drawings and sequence listing if any.
- The margins requirements are 4 Cms at top, 4 Cms on left, 3 Cms at bottom and 3 Cms on right. Line spacing is 1.5.
No. of claims
- The Indian Patent office charges an additional fee for each additional claim over 10 claims.
- There is no restriction on the type of claims. The claims can be independent,dependent or multi-dependent. Only additional fee per claim is charged for each additional claim above 10 claims.
No. of priorities claimed
- The Indian Patent office charges an additional fee for each additional priority document over 1 priority.
- While calculating the number of priorities, PCT application is not considered a priority. If the PCT application itself is the priority application, then it is considered as a priority application.
Request for examination:
- The deadline to file an examination request in the Indian Patent office is 48 months from the earliest priority date.
- It is however, recommended to file the examination request along with the application, since the application is queued for examination, only upon filing the examination request.
- The fee mentioned in this calculator is for the normal examination request. It is recommended to file an express examination request, if the national phase application is filed much earlier than the 31 month deadline. By filing an express examination request, the application is put in queue immediately upon filing the application. If a normal examination request is filed, the application is put in queue for examination only after 31 months from the priority date.
Applicant type
- Any individual(s) applying for a patent is considered as a natural person. To be considered as natural persons, all the applicant(s) should be individuals.
- Applicants wishing to claim Start-up Status, need to provide proof of being a Start-up. To know more about this, you can read our article
- Applicants wishing to claim Small Entity Status, need to provide proof of being a small entity. To know more about this, you can read our article.
- Entities who do not qualify as either individuals or start-ups or small entity, will be considered as large entity
The following specification describes the invention
On the other hand, if you are filing a complete patent application, then use the following preamble in the first page of Form 2:
Note that, if you are filing offline, 2 copies of the patent specification has to be sent to the patent office. Additionally, count the number of sheets and claims (extra fee for more than 30 sheets and more than 10 claims) and calculate the appropriate fee. While counting the sheets, even the drawing sheets will have to be taken into account.
Form 3 is used to furnish information/actions relating to patent applications filed in other countries for the current invention. Additionally, any information relating to the rights corresponding to the present patent application has to be furnished. Further, you would be using form 3 to undertake that you will be keeping the patent office informed in writing the details regarding corresponding applications for patents filed outside India. You can read more about this in ourarticle.
- How much does it cost to get a patent in India?
- What can be patented and what cannot be patented
- What are the different patent filing options?
- Indian Patenting Process Timeline
- At Which Stage Should I Apply for a Patent?
- Can I apply for a patent before creating a prototype?
- Should I apply for a patent before publishing my invention?
- Can publicly disclosed inventions be patented in India?