Choosing the Right Applicant Name for Patent Filing in India (and for PCT): Save Time, Save Money, Avoid Mistakes

Prasad Karhad — Tue, 29 Jul 2025 04:01:36 +0000

Choosing the Right Applicant Name for Patent Filing in India (and for PCT): Save Time, Save Money, Avoid Mistakes

Why This Matters More Than You Think…

When it comes to filing a patent, most inventors get caught up in the technicalities of their invention — and rightly so.

But one small decision at the beginning can save you lakhs of rupees and years of delay — and that’s:

Who should be the applicant? Should you file in your individual name? Your startup’s name? Your private limited company?

This decision can affect:

How soon your patent is granted
Whether you’re eligible for expedited examination
The official fees you’ll pay — both in India and internationally
Your ability to file a PCT application at massively reduced cost

So, let’s break this down simply and clearly.

Want a Faster Patent Grant in India? Then Choose the Right Applicant

India offers a fast-track patent grant option through something called Form 18A – Expedited Examination.

But here’s the catch – only certain applicants are eligible.

If the applicant is:

A recognized Startup (with valid DIPP certificate)
A registered MSME
A female applicant
A government institute, or
An entity that chose India as the ISA or IPEA in earlier PCT

Then congratulations – you’re eligible for faster examination.

Filing Form 18A could get your patent granted in 1 to 1.5 years instead of the usual 3 to 5 years.

So the golden rule is:

If you want faster examination – make sure your applicant falls into one of these categories at the time of filing.

Planning to File a PCT (International Patent)? Then Read This Before You Decide Applicant Name

Let’s say you’re planning to take your patent global through a PCT (Patent Cooperation Treaty) application.

Here’s where it gets really important.

If the applicant is an individual, WIPO grants 90% reduction in filing fees.
If the applicant is a company or legal entity, no such discount.

Let’s talk numbers:

Individual Applicant PCT Filing Fees: ₹15,000 – ₹18,000
Legal Entity (Company) PCT Fees: ₹1.2 – ₹1.3 lakhs

That’s a 10x cost difference — simply because of the applicant name.

So if you’re an independent inventor or a startup in early stage, filing under your personal name can save a huge chunk of money.

So… Should You File as Individual or Company?

This depends on your goals, timeline, and budget. Here’s a smart decision framework:

Choose Individual as Applicant If:

You want to save money on PCT filing
You or a co-inventor qualify under female inventor, startup, or MSME for Form 18A
You haven’t incorporated your company yet
You’re bootstrapping and need flexibility

Choose Company as Applicant If:

You plan to raise funding or license the patent soon
You want the patent to be clearly company-owned from day one
Your company already qualifies as a startup or MSME
You’re okay with higher PCT fees later

Bonus Strategy: The Best of Both Worlds

Here’s a little-known but powerful strategy:

File the patent initially in your personal name (to save on Form 18A and PCT fees), and later assign it to your company when needed.

You can file Form 6 to change the applicant through assignment. This gives you:

Speed + cost savings in early stages
Ownership under the company when required for investment or commercialization

Just make sure this transfer is legally documented, and the invention is not under an employment contract.

Final Takeaways: Smart Applicant Strategy Can Unlock Big Benefits

Too many inventors and startups miss out on:

Faster grant using Form 18A
Reduced PCT costs
MSME and Startup India benefits
Stronger IP ownership strategy

All because they chose the wrong applicant without understanding the impact.

The post Choosing the Right Applicant Name for Patent Filing in India (and for PCT): Save Time, Save Money, Avoid Mistakes appeared first on Patent in india platform.

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Choosing the Right Applicant Name for Patent Filing in India (and for PCT): Save Time, Save Money, Avoid Mistakes

Choosing the Right Applicant Name for Patent Filing in India (and for PCT): Save Time, Save Money, Avoid Mistakes

Why This Matters More Than You Think…

Want a Faster Patent Grant in India? Then Choose the Right Applicant

Planning to File a PCT (International Patent)? Then Read This Before You Decide Applicant Name

So… Should You File as Individual or Company?

Bonus Strategy: The Best of Both Worlds

Final Takeaways: Smart Applicant Strategy Can Unlock Big Benefits