shall I apply for patent in India on my name? or on my company name
If you are an employee working for an organization, company or institute then possibility is you have an agreement where all the intellectual property generated during your tenure of employment will be on the name of that organization, company or institute.
On the other hand,
If you are a business owner or entrepreneur and inventor and trying to find whether to take patent on your name or your company’s name then below are points you should consider:
The fees structure and cost for applying and maintaining patent:
It costs more to own and maintain patent as a legal entity than as an individual (natural person) generally it is 4 time more.
|Other than Natural person||Natural Person|
|Small Entity||Other than small entity|
|1||Application for grant of patent||4000||8000||1600|
|2||Early publication fee||6250||12500||2500|
|3||Request for examination of patent application||10000||20000||4000|
|4||For every Extra sheet over 30 sheets||400/sheet||800/sheet||160/sheet|
|5||For every Extra claim over 10 claims||800/claim||1600/claim||320/claim|
Consider the point of view of people Investing in your invention
If you have an investor funding for your business then the investor would always want the patent on companies name than you name. Even if the inventor enters at the later stage in your business by funding your company still they can ask to transfer the patent rights on company name if they are owned by you.
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Working in patents and IPR field since 10 years. associated with leading Intellectual Property firm in India called Khurana & Khurana, Advocates and IP Attorneys (K&K).
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