9. what is cost of patent registration in india ?

9. what is cost of patent registration in India?

Table of Contents

The Purpose of this article is to help you understand:

  • The cost for patent depends on a lot of factors and stages and there is no precise answer to exact cost required till grant of patent
  • What are different stages and options that requires different costs ?
  • The major portion of cost is required in written a good patent application (patent drafting) that gets through the examination stage, receive grant and then also helps in patent commercialization phase.
  • Saving money or not investing on quality of patent application may result in missing the main purpose of a patent protection

There is no precise and accurate answer to this question as the cost for obtaining a patent is dependent on multiple factors like :

and it depends on many more factors specific to your objective and preference. So, at best we can discuss is the range of costs in getting a patent in India as below.

There are two elements for cost of getting patent / filing patent in India:

  • The Government fees for Forms, requests, and renewals.
  • Professional Charges for patent professional, patent agent / attorney

Government fees too, are different for an individual inventor and a company. and fees for patent applications also differ based on the number of claims and pages in the specification. So, a lot of factors need to be considered when talking about the costs involved in getting a patent.

Yet to give you a rough estimate of cost of patent in India ranges from ₹ 45,000 to ₹ 65,000 in a normal context. This is assuming an Experience Patent agent / attorney (firm) is working with you for patent research, Patent drafting (writing), Patent filing, and subsequent steps.

However, some times it can go beyond ₹ 65,000 depending upon the first examination report, response to objections and hearings (if required) before the grant of patent.

The link below is the fees structure mentioned on the patent office website in India. Fees structure on Government website

There are recent updates in patent rules that is Patents (Amendment) Rules, 2021; which now has new advantages like:

  • 80% Reduction in the fees for patent filing and prosecution for educational institutions
  • 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 1-1.5 years.
  • The fastest patent was granted in 41 days after filing request for expedited examination.
  • Expansion of expedited (faster) examination of patents: now includes categories like Women applicant or co-applicant, Educational institutes, Startups, SMEs (Small and Medium Enterprises), Government Departments, Institutions established by a Central, Government Company, etc.

Hence, applying for patent and getting patent grant has become even faster and economic for many situations and cases

to get a quick understanding, watch this short and informative video we created on the Patent procedure, timeline and costing (14 minutes)

below is video 2 about : steps from idea / invention to granted patent along with costs and time line 

If you are filing a patent on your own, without help from a patent agent, then it can cost much lesser as the only fees you are paying are government fees for patent filing and prosecution.

however below are two important things you need to consider, before proceeding for writing and filing patent on your own:

Here is how you will need costs as per stages in the patent filing. We are assuming you have hired a patent professional in helping you with patent filing, which is recommended and makes all patenting efforts worthwhile with his experience and expertise in techno-legal writing.

Cost for patent in India as per stages

Stage 1: invention disclosure

This is the initial phase when you disclose your invention to the patent professional (patent agent) by signing a Non-disclosure agreement. Here you should submit each know fact about your invention, description diagrams, and experimental results (if any). Hold nothing back.

Stage 2: Novelty search (patentability search)

The professional charges at this phase range from (Rs 12,000 to Rs.15,000 )

In novelty search , patent professionals performed an extensive search for prior art in all possible databases for patents, articles, thesis, etc… and builds a patentability search report based on the closest prior art found for your invention.

Stage 3: Decide to file a patent application

On reviewing the patentability search report and discovering the closest prior arts for your invention you can make a decision whether to go ahead with patent application filing.

Your invention needs to have an “inventive step” as compared with existing prior art to be able to qualify for a patent. The inventive step is achieved when your invention has either ‘technical advance’ or ‘economic significance’ or both over existing prior arts.

When you decide to go ahead with patent filing next step is writing a patent application also called patent drafting.

Stage 4: Patent drafting (patent writing)

Patent drafting charges range from Rs. 30,000 to 35,000 (professional fees)

Drafting a patent application is a specialised job and requires both technical (field of the invention) and legal (Indian patent act) understanding.

As you may have heard, the patent is a techno-legal document. Many inventors trying to write a patent application on their own write it from a completely technical perspective. Writing a patent application as a technical document without considering the legal aspects may be a mistake that can make your application not worth a lot. And all the efforts you took for research and development can go waste.

Hence, the right patent professional (patent agent) with appropriate experience can remarkably add value to patent application.

Stage 5: Filing Patent application

Patent filing involves patent office fees as explained in the table below

When you are done with the review of the patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application in a prescribed manner. That is with appropriate forms with appropriate fees. You need to pay fees of Rs. 1600 or 8000 (based on the type of applicant as per the table below) while submitting the patent application in the patent office.

If you do not file a request for early publication (fees mentioned in the table below) the patent application will be published on expiry of 18 months.

Stage 6: Request for Examination

Request for examination fees is Rs. 4000 or 20000 (based on the type of applicant as per the table below)

The request for examination is to be made within 48 months from the date of filing the patent application, along with the prescribed form and fees. This is the request made to the Indian patent office to examine your patent application.

Expedited Examination of Patents in India (Form 18A)

In India, the expedited examination of patent applications can be requested through Form 18A. This provision allows for a faster examination process compared to the standard route, thereby reducing the time taken for the grant of a patent.

Eligibility for Expedited Examination:

  1. Startups: Recognized startups can apply for expedited examination. A startup in India is defined as an entity that is not older than ten years, has an annual turnover not exceeding INR 100 crores in any of the preceding financial years, and is working towards innovation, development, or improvement of products or processes.
  2. Small Entities: Defined as enterprises engaged in the manufacture or production of goods and investment in plant and machinery not exceeding INR 10 crores, or enterprises engaged in providing services with investment in equipment not exceeding INR 5 crores.
  3. Female Applicants: Applications where at least one of the applicants is a female can request expedited examination.
  4. Government Departments: This includes government departments, institutions established by a Central, Provincial, or State Act, which are owned or controlled by the government, or any Government company as defined in the Companies Act, 2013.
  5. Institutions: Institutions wholly or substantially financed by the Government.
  6. Licensing Agreement: Applicants that have a licensing agreement with an Indian startup.
  7. International Applications: Applicants who have chosen India as the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) in their PCT application.
  8. Other Specific Categories: As notified by the government from time to time.

Stage 7: Examination report

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.

Step 8: Respond to objections

The majority of patent applicants will receive some type of objections based on the examination reports. The best thing to do is analyze the examination report along with the patent professional (patent agent) and creating a response to the objections raised in the examination report.

This is a chance for an inventor to communicate his novelty or inventive step over prior arts found 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.

Step 9: Grant of patent

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

Stage 10: Renewal of Patent fees

Maintaining patent for its entire life time that is 20 years from filing date requires renewal fees to be paid to patent office as mentioned in link here

Patent Renewal Fees on Government Website 

Table for cost of filing patent in India

Note: steps highlighted in Orange color are either optional step or depends on case to case and are not mandatory to happen

Sr. Stages for Patent
(click links details)		Professional feesGovernment Fees for
(Natural person or Startup
or Small entity or educational
institution)		Time required
1How to go from Idea to Invention disclosure ?   
Do I need patent agent of attorney 
Is my invention patentable ? 		–––
2Signing Non-Disclosure Agreement  (NDA)––10 minutes
3Patentability / Novelty Search  (Optional step)₹ 15,000–3 to 5 days
4Drafting Complete Patent Application₹  35,000–10 to 12 days
5
Filing patent application		–₹ 1,6001 to 2 days
6Publication of patent application ––After 18 months
7Early publication (Optional step)₹ 2500₹ 25001 to 2 months
8Request For examination (Normal Route)₹ 3000₹ 40002 to 3 Years
9Request For examination(Expedited, with a female as applicant or  co-applicant,) (Optional step)₹ 3000₹ 80003 to 5 months
10Drafting and Filing a response to the First Examination Report (FER), In Case you receive any objection from the patent office (government)₹ 15,000 to ₹ 20,000–Drafting response
7-10 days
11Hearing (Per Hearing) In Case you receive any hearing from patent office (government)₹ 15,000to ₹20,000–depends on the government
12
Grant of patent or refusal		––Depends on the pendency at government

Note: Government fees mentioned are for Natural persons or Startups or Small entities or educational institutions

Conclusion :

  • Paying the cost for a good patent application that protects your invention with broadest possible protection, is the right investment with high Return On Investment provided it has commercial value in the market and can bring profits with patent licensing or selling (patent commercialization).
  • Saving money at wrong stage or not investing on good quality of patent application may result in missing the main purpose of a patent protection and sometimes loosing the entire efforts in trying to protect invention.

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Prasad Karhad
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