Filing a national phase patent application in India after filing a PCT application
FollowThe statutory fee depends on who the applicant of the patent is. The Indian Patent Office (IPO) has categorized the applicants into 4 categories:
- Natural person
- Other than natural person – Startup
- Other than natural person – Small Entity
- Other than natural person – Others except small Entity
Any individual(s) applying for a patent is considered as a natural person. On the other hand, all other entities that do not fall under the first category, fall under the remaining categories of :
- Other than natural person – Startup
- Other than natural person – Small Entity
- Other than natural person – Others except small Entity
- Other than natural person – Startup
- Other than natural person – Small Entity
- Other than natural person – Others except small Entity
The IPO fees for filing a national phase application are provided below:
|
Step No. |
Step |
Indian Patent Office Fee (E-filing) |
|||
|
Applicant – Individuals/Startups |
Applicant – Non Individuals |
||||
|
Small Entity
|
Other than Small Entity | ||||
|
1 |
Filing a National Phase application in the IPO |
USD 27 |
USD 68 |
USD 136 |
|
|
2 |
Fee for each sheet in excess of 30 sheets in a patent specification |
USD 2.7/per sheet |
USD 6.8/per sheet |
USD 13.6/per sheet |
|
|
3 |
Fee for each claims in excess of 10 claims. |
USD 5.4/claim |
USD 13.6/claim |
USD 27.2/claim |
|
|
4 |
Filing an Examination request in the IPO |
USD 67 |
USD 168 |
USD 336 |
|
|
5 |
Filing statements and undertakings(Form 3) (Mandatory as per Indian Patent Act) |
No fee |
No fee |
No fee |
|
|
6 |
Fee for each priority document above 1 priority document |
USD 27/priority document |
USD 68/priority document |
USD 136/priority document |
|
|
Patent office fee may vary as per foreign exchange rates. 1 USD = ~ INR 60 |
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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
Kindly note that, the patent specification to be filed in the IPO has to be the same specification as filed in PCT stage in WIPO. Any article 19 and 34 amendments made during PCT stage, can be filed in IPO as well.
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USPTO – Reexamination Request – Update – August 29th, to September 4th, 2012 – InvnTree
The United States Patent and Trademark Office (USPTO), on a weekly basis, publishes information corresponding to reexamination requests received by them.
US – Patent Cases – Weekly Update – August 28th – September 4th, 2012
In an endeavour to keep patent enthusiasts abreast with the latest patent related activities in leading geographies, we provide a weekly update of patent cases filed in the US.
US – Patent Cases – Weekly Update – August 28th – September 4th, 2012
In an endeavour to keep patent enthusiasts abreast with the latest patent related activities in leading geographies, we provide a weekly update of patent cases filed in the US.
Patent Office India – Published Patent and Design registration Information – August 31st, 2012
Indian Patent Office publishes patent information on a weekly basis (on Friday each week). This is a public notification, enabling you to take appropriate action if desired.
Data sourced from Indian Patent Office by Team InvnTree.
The attached Pdf can be downloaded here and can also be accessed below.
If you would like to get weekly email updates of Indian Patent office's published patent information, Subscribe to this service free of cost
This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License
USPTO – Reexamination Request – Update – August 22nd to August 28th, 2012 – InvnTree
The United States Patent and Trademark Office (USPTO), on a weekly basis, publishes information corresponding to reexamination requests received by them.
US – Patent Cases – Weekly Update – August 21st – August 28th, 2012
In an endeavour to keep patent enthusiasts abreast with the latest patent related activities in leading geographies, we provide a weekly update of patent cases filed in the US.
Go ahead, download the compilation for free!
Download in spreadsheet format
Email subscription to weekly update
US – Patent Cases – Weekly Update – August 21st – August 28th, 2012
In an endeavour to keep patent enthusiasts abreast with the latest patent related activities in leading geographies, we provide a weekly update of patent cases filed in the US.
Patent Office India – Published Patent and Design registration Information – Augus 24th, 2012
Indian Patent Office publishes patent information on a weekly basis (on Friday each week). This is a public notification, enabling you to take appropriate action if desired.
Data sourced from Indian Patent Office by Team InvnTree.
The attached Pdf can be downloaded here and can also be accessed below.
If you would like to get weekly email updates of Indian Patent office's published patent information, Subscribe to this service free of cost
This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License
USPTO – Reexamination Request – Update – August 15th to August 21st, 2012 – InvnTree
The United States Patent and Trademark Office (USPTO), on a weekly basis, publishes information corresponding to reexamination requests received by them.
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