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

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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.

Prasad Karhad
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