Patent Procedure in India with steps, timeline and costs

Patent Procedure in India with steps, timeline and costs

Table of Contents

With the recent chanes in Patent law, applying for patent for invention and getting patent granted has become easier, faster and cost effective as explained below :

The Patent (Amendment) Rules 2024, introduced by the Indian Patent Office (IPO) on March 15, 2024, aim to streamline the patent application process, reduce hurdles, and enhance innovation. Building on the previous Patent (Amendment) Rules 2021, these updates extend benefits to a wider range of applicants.

Key Changes in Patent (Amendment) Rules 2024

  • Filing Deadlines Revision: Examination request period shortened from 48 months to 31 months.
  • Working Statements Simplification: Submission required once every three years instead of annually.
  • Pre-Grant Opposition Refinement: Two-stage system with a preliminary assessment to deter frivolous filings.
  • Certificate of Inventorship: Inventors can apply for formal recognition post-patent grant using Form 8A.
  • Grace Period for Patent Applications: Twelve-month grace period for filing after public disclosure.
  • Changes in Filing Request for Examination: Examination request period reduced to 31 months.
  • Reduction in Renewal Fee for Early Payment: 10% reduction for early electronic payments covering at least four years.

Enhancements from Patent (Amendment) Rules 2021

The Patent (Amendment) Rules, 2021 brought several changes to the Indian patent system, aiming to make it more efficient and user-friendly. Here are the key benefits:

  • Faster Patent Grants: Faster grant of patent applications by expedited route (faster examination and grant) reducing the time required for grant of patent from 3-4 years to less than 1 year.
  • Expedited Examination for Start-ups and MSMEs: Small entities, start-ups, and MSMEs can now request expedited examination, significantly reducing the time taken for patent grant.
  • Fee Reduction: Substantial fee reductions for small entities and start-ups help lower the financial burden associated with patent filing and prosecution.
  • Electronic Communication: Enhanced digital infrastructure and increased use of electronic communication streamline interactions with the patent office, reducing delays and errors.
  • Wider Access to Expedited Examination: The scope for expedited examination was broadened to include more categories of applicants, Includes women applicants, educational institutes, startups, SMEs, and government entities.
  • Facilitation for Educational Institutions: 80% Reduction in Fees for educational institutions. Special provisions and fee reductions for educational institutions encourage academic research and innovation, promoting the development of new technologies.

Hence, applying for patent and getting patent grant has become even faster and economic.

This article provides a comprehensive overview of the patent procedure in India, including the steps involved, the timeline, and the associated costs.

Your innovative idea can be a starting point of a valuable invention, which when protected with a patent and with patent commercialization can result in profits and financial gains

Patent procedure in India along with costs and timeline

Video 1 : Going from idea to a complete invention disclosure for Patent in India

Visit to our YouTube channel : https://www.youtube.com/@Patentinindia

Video 2 : what is information needed to file patent in India : Invention disclosure

Contact: +91 8055563001   08055553540   My Patent Requirement   contact@patentinindia.com

Let’s understand the Patent Procedure in India : starting right from the inception of the idea.

Step 1: Write down the invention (idea or concept) with as many details as possible

Start writing down things on paper or in a word processor document and you will find you would be getting more clarity about your idea (invention). You may start by a rough sketch, or system diagram or block diagram or an relevant details of your innovative idea. you can add details like what problem it is solving, what are elements of its construction etc. You are not supposed to be perfect here, we just want to have everything element of your idea or invention in front of you.

idea to patent process

There are 2 things that can help you in this stage :

You may use the above 2 resources to come up with a complete invention disclosure of your invention (innovative idea). you may also check our guidelines on inventions that are not patentable in India. (as per section 3 of the Patent act) in our detailed article on How to find-out if my invention is patentable in India or not ?

The invention must be non-obvious, involve an inventive step, and be capable of industrial application. It is essential to document the invention in detail, including drawings, specifications, and claims.

Before sharing the invention disclosure or before discussing bout your invention in meeting or over phone You should be Signing a Non-Disclosure Agreement (NDA)

A non-disclosure agreement is an agreement that a patent agent/attorney or Intellectual Property firm is doing with you, to protect the confidentiality of your invention. In other words, the patent attorney is doing this non-disclosure agreement with you (inventor) and agreeing on keeping your invention confidential / secret and do not misuse it. it is for your safety and confidentiality and there is No (zero) cost for signing NDA.

Video : Do I really need a patent agent or patent attorney? or Can I file my own patent application would explain this in greater detail and help you make the right decision for your invention.

Step 2: Novelty Search / Patentability search (optional step)

In this step, we need to check if your invention is novel (newness) as it is one of the patentability criteria in India.  For details about this step, you may check Novelty Search or patentability search.

We need to have at least some aspect of the invention as novel when we compare our invention to existing prior arts. And novelty search report generated would communicate whether we are any 100% overlapping prior arts by making detailed search and analysis of all aspect of our invention. Moreover, the elements of our invention that are found to be novel after novelty search can be used for informed drafting of patent application (since we now know what is novel and what is not novel) which can help in getting a patent granted for your invention.

The opinion about novelty is also provided in the search report which can be positive, negative, or neutral. This opinion can be used to decide whether to proceed with patent filing or not. Hence it saves time, effort and cost for the inventor by helping him decide whether to go ahead with the patent filing process or not.

  • Costs: the professional fees for patent professionals can range from Rs. 12,000 to Rs. 15,000 for performing a patentability search
  • Time: the time required is about 5-7 working days
  • Note: in spite of all these benefits of the patentability search, this is an optional step. You can choose to directly file the patent application without going for a patentability search.

Step 3: Patent Drafting / Writing patent application

What is patent drafting or patent writing? Patent drafting or patent writing is the process of preparing a patent application that is :

  • capable of protecting the broadest possible scope of an invention,
  • capable of successfully going through the examination process till the grant of a patent, and
  • capable of being commercialized or enforced

Patent drafting/writing is a specialized job, it requires years of practice and experience with patent law to draft a good patent application. To get an idea just read some of the granted patents from your domain. Patent is a techno-legal document, technical as well as legal. Writing patent as a project report or a technical thesis (on your own ) and submitting it to patent office would be a mistake which can cause loss of opportunity to patent your invention.

There are many rules and care to be taken while drafting claims, writing detailed descriptions, writing different embodiment of the invention, describing inventive step etc. which a first-timer or inexperienced patent writer may miss and hence end up not getting proper protection for invention (or sometimes even rejection of patent)

This is one of the most important step in life cycle of a patent and a good patent application written by an experienced patent agent / attorney should survive not only through the examination phase till the grant of patent but also it should survive the commercialization phase where actual money is made by licensing or selling patent rights, where competitors should not be able to work around your patent.

  • Cost: the professional fees for a patent attorney ranges from Rs. 25,000 to Rs. 40,000 for patent drafting or writing.
  • Time: the time required is about 8-15 working days

Step 4: Filing the Patent Application

When a patent is drafted and reviewed by you (the inventor), it would be filed in the government patent office and a receipt would be generated with the patent application number. you may check documents required to file patent in India.

Patent pending status after filing patent application:

when you file patent application in patent office; you can write patent pending, patent applied or patent application number for your product / service. it serves many purposes like :

  • establishing you / your firm as expert in the industry in minds of your customers since you have applied for patent
  • employees, clients, banks and even investors consider you or your firm with different weigtage when they see patent application number
  • writing “patent pending” on product / packaging or on website would be a message to competitors who would rethink about copying your invention

and most important of all, once you file patent in patent office, you are free from the fear of others copying your idea or invention, since you have secured the priority date or the first filing date in the patent office.

You can do almost all activities like, marketing your invention, producing and commercially selling your invention or doing tie-ups etc… the only thing for which you need to wait for the grant of patent is when you want to stop others from infringing over your patent or file a case against patent infringer. You may also read our section on documents required for filing patent

If you have all the required details about your invention (that is implementable details) ready with you; you may proceed with filing a complete patent application. The amount of details you required to proceed with filing a patent application is explained in “Invention disclosure form” and relevant attachments on our page How patent in India platform works. 

Government forms and fees: Relevant form for a patent application is Form 1. E-filing

ParticularsNatural person or Start-up or Small entity or educational institutionOther(s), alone or with Natural person or Start-up or Small entity or educational institution
For Filing Patent Application16008000

In the case of start-ups and small entities, the application form in Form 28 must be used to file for patents.

Step 5: Publication of the application

Upon filing the complete specification along with the application for patent, the application is published after 18 months of first filing. but, If you don’t want to wait till the expiry of 18 months, An early publication request can be made along with prescribed fees. Generally, the patent application is published within one month from the request form early publication.

Step 6: Request for examination

The patent application is examined only after receiving a request for examination that is RFE.  Upon receiving this request, the controller gives your patent application to a patent examiner who examines the patent application with different patentability criteria like:

  • does the invention belong to Patentable subject matter?
  • does it have Novelty?
  • does it have Non-obviousness or an Inventive step?
  • is it capable of Industrial application?

The examiner creates a first examination report of the patent application upon reviewing it for the above terms. This is called FER (First examination report). Everything step taken with a patent application before grant of patent is generally called patent prosecution. The first examination report submitted to the controller by the examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and the same is reported to the patent applicant (you). Form 18 The fees for a request for examination RFE is as below. E-filing

ParticularsNatural person or Start-up or Small entity or educational institutionOther(s), alone or with Natural person or Start-up or Small entity or educational institution
The request for examination of the application for patent Form 18400020000

Particulars

Natural person or Start-up or Small entity or educational institutionOther(s), alone or with Natural person or Start-up or Small entity or educational institution
request for Expedited examination of the application for patent under rule 24C Form 18A800060000

Rule 24C. Expedited examination of applications

An applicant may file a request for expedited examination in Form 18A along with the fee on any of the following grounds, namely:-

  • that India has been indicated as the competent International Searching Authority or elected as an International Preliminary Examining Authority in the corresponding international application; or
  • that the applicant is a startup.
  • You have women as an applicant or co-applicant for your patent application

Important Note: You may also file an expedited examination request if you have a woman as an applicant or co-applicant.  This is an important strategy to speed up the patent process and reduce the time required from a patent filed to a patent granted.

Step 7: Respond to objections

The majority of patent applicants will receive some type of objections which would be mentioned in the first examination report (also known as FER). You should analyse and understand the examination report with a patent attorney (patent agent) and create a written response to the objections raised in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to the controller that his invention is indeed patentable and satisfies all patentability criteria. Physical hearing or video conferencing is scheduled if needed.

Step 8: Grant of patent

The Patent application would be placed in order for a grant once it is found to be meeting all patentability requirements. The grant of a patent is notified in the patent journal which is published from time to time.

for more details about the costs required at each stage you may read article number 9 on Cost of patent registration in India

Video : Steps from idea or invention to granted patent in India along with time and costs

Conclusion :

  • good innovative ideas can be converted to a property (intellectual property like patent) by working on it to create invention, then protecting it by patent and then commercialising the patent for making profits.
  • a good idea is a starting point and there are steps and actions to be taken to find out if it is capable of an invention that can win patent and if it has commercial potential in the market to be profitable. this step does not cost any money

Recommended Reading :

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Contact: +91 8055563001   08055553540   My Patent Requirement   contact@patentinindia.com

Prasad Karhad
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