How much does it cost to get a patent in India?
How much does it cost to get a patent in India?
Understanding the cost structure corresponding to applying for a patent can help in making some important decisions. Hence, instead of having a generic idea about the overall cost, it helps if you are aware of the breakdown of the cost structure and the time of incurring such expenses.
- Should an inventor take professional help to draft and file patent applications?
- Why should patent specifications be drafted by patent professionals?
- Natural person
- Startup(s)
- 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 three 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
No | Description | Patent office Fee (INR) 1$ = ~ 60 INR(E-Filing only) | Comments | ||
---|---|---|---|---|---|
Other than Natural person | Natural Person/Startup | ||||
Small Entity | Other than small entity | ||||
1 | Application for grant of patent | 4000 | 8000 | 1600 | Mandatory |
2 | Early publication fee | 6250 | 12500 | 2500 | Optional |
3 | Request for examination of patent application | 10000 | 20000 | 4000 | Mandatory |
4 | For every Extra sheet over 30 sheets | 400/sheet | 800/sheet | 160/sheet | Mandatory |
5 | For every Extra claim over 10 claims | 800/claim | 1600/claim | 320/claim | Mandatory |
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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
- What are the different patent filing options?
- Indian Patenting Process Timeline
- Patent Application Filing Procedure/Process in India
- At Which Stage Should I Apply for a Patent?
- Should I apply for a patent before publishing my invention?
I hope you found this article helpful. Please feel free to contact us to know more about how our patent services can help you in your business.
Is my product infringing on others patents?
This is the question all technology companies need to ask themselves at a very early stage of product development.To understand whether you product/process infringes on others patent rights; we first need to understand what patent infringement means.
4 fold approach to using patents for improving business competitiveness
Introduction
- A patentee gets the liberty to enjoy monopoly over the patented invention for 20 years
- A patentee can monetize his patented invention by selling or licensing out his rights, in addition to other ways of monetizing
- Engineers and scientists can access a rich pool of patent information and improvise on existing technology
- Competitors will have to create non-infringing products and processes
One of the approaches for improving competitiveness of a business is by having product differentiators. Product differentiators are brought about by developing products that are technologically superior, has newer/better features or addresses specific needs of customers. Sometimes, there might not be any changes made to the product, however, companies might differentiate themselves from competition by offering products at reduced prices. This might be possible by making changes to the processes used in producing the product. Such modifications made to the products/processes might be patent worthy. Hence, when a company feels that they have made some modification that might be patent worthy, it is important to contemplate the idea of having such improvements protected by a patent.
You may go through our articles to know more about filing patent applications in India and the cost of filing patent applications in India.
- Patent Application Filing Procedure/Process in India
- How much does it cost to get a patent in India?
Patents to Improve Competitiveness – InvnTree IP Services
- Create an entry barrier for competitors
- Maintain product or process differentiators
- Protect products or processes from being copied by competitors
- Enjoy monopoly over improvements for 20 years
- Increase valuation of the company
The previous approach dealt with protecting technological improvements made by a company. While, the previous approach dealt with building a patent fortress to safeguard ones business territory, it is equally important to monitor the patent fortress’ built by competitors.
- Ensure against obvious improvements being protected by competitors
- Enhance the valuation of patents held by you in a technology field
- Avoid being sued for infringing patents that shouldn’t have been granted in the first place
- Easy access to freely use and adopt minor improvements in technology
Respect others intellectual property
In the previous two approaches, we dealt with building a patent fortress and ensuring that competitors do not strengthen their patent fortress using minuscule technological improvements. In the current approach we illustrate why it is important to respects others Intellectual Property rights.
- Ensure against introducing infringing products to the market
- Avoid expensive patent infringement suits
- Ensure that brand name is not tarnished by such infringement
To know more about respecting others intellectual property, you may read our articles listed below:
- Why is freedom to operate study a must for technology companies?
- 5 options available if your product is infringing on a patent
- Is my product infringing on others patents?
Remember, no one got too far by reinventing the wheel, neither will you; hence, there is no point in reinventing the wheel. It is important to appreciate the fact that most of the problems that we might be trying to solve, might have been solved by somebody else in some part of the world. Therefore, it will be intelligent on your part to look at such solutions and improvise on them. Patent data is considered to be the richest source of scientific information, and using this information is an intelligent approach to product and process development.
- Enhanced returns on investment in R&D
- Development of products/processes that have improvised on existing technology
- Reduced cost of development of product/process
- etter business forecasting and planning
We hope you found this article helpful. You can download a copy of this article here
Please feel free to contact us for any information that you may need.