How patent in India platform works

Thank you for contacting Patent in India

Table of Contents

We will be contacting you soon via call and email about your requirement.

Meanwhile, let’s go through some of the important information about “protecting your invention with patent”. These are the most asked questions we receive while discussing with inventors on daily basis. It will take about 15 minutes of your time to go through these videos, articles, and attachments in the link below.

This information is designed to clear most of your questions and doubts, which will help us save our time and making the talk on call or meeting at the office more fruitful by having a meaningful discussion.

Do I really need a Patent ? is it worth the investment?

You might be thinking about it all the time when you are in deciding phase.

  • is patent really for me?
  • is it really worth the investment?
  • what if I don’t go for patent and use that money somewhere else or in growing my business?

Fair question, the basic reason behind asking this question is whether you will be able to get the return on investment that you are considering to do for patenting your invention.

the video below answers the question…

and there would be further questions related to filing patent in India like

lets consider all of these questions in information below, starting with understanding the procedure for filing patent in India

Video 1: Steps from idea or invention to granted patent in India along with time and costs

What is Patent in India platform ?

The patent in India is a platform for rendering assistance to people and companies who are looking to protect their intellectual property by Patents, trademarks, copyrights, etc. registered and it is associated with Khurana and Khurana, Advocates and IP attorneys (law firm).

Quick Introduction:

Prasad Karhad

My name is Prasad Karhad, I am a registered Patent Agent in India (IN/PA 2352), I have about 15+ years of experience and I currently work with a leading Intellectual Property consulting firm in India known as Khurana & Khurana, Advocates and IP Attorneys (K&K). (see the attachments link below for the company profile and clientele)

With a team size of 170+ Intellectual property (IP) professionals including patent agents, trademark agents, and attorneys K&K has 10 offices in India at Delhi, Mumbai, Pune, Bangalore, and other cities( see contact us page). We cater to client requirements on all forms of Intellectual Property Rights (IPR) including Patents, Trademarks, Designs & Copyrights along with Contract & Commercial Matters.

Clients: about 2000+ clients including Google, Halliburton, ABB, Hyundai, Liteon Corporation, FLSmidth, Knorr-Bremse, Mastercard, Fortinet, Furuno Electric, Larsen & Toubro, Glenmark, Mylan, Haier, Duke University, Manchester Metropolitan, National University of Singapore, among many others, Based on the quality of our services and client satisfaction, we have been recommended and ranked by Legal 500, IAM, Chambers, Managing IP & Asia IP. (for more details check our clientele in the link below)

Cost of getting Patent in India?

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

  • Which route we are choosing for your patent (normal or expedited route)
  • Are we going for international patent applications (PCT applications)
  • Are we going for a Provisional Patent application
  • Do we need to conduct a patentability search or a novelty search
  • Are we filing a Patent as an individual or as a legal entity

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 the 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, many factors need to be considered when talking about the costs involved in getting a patent.

Yet to give you an idea, the cost to file a patent is approximately Rs. 40,000 to 60,000. This is assuming an Experience Patent attorney (firm) is working with you for patent research, Patent drafting (writing), Patent filing, and subsequent steps of publication and examination request.

Why do I need a Patent Agent or a Patent Attorney for the Patenting Process?

Video 4 explains this question :

Drafting a patent application is a specialized job and requires both technical (field of the invention) and legal (Indian patent act) understanding. A patent is therefore also referred to as a techno-legal document. Many inventors trying to write a patent application on their own draft it purely from a technical perspective like a thesis, making the entire scope of the invention indeterminate, confusing, and narrow.

Writing a patent application as a technical document i.e. without considering the legal aspect/provisions may be a mistake that can make your application lacking any value from monetization or being commercially effective. And, all the efforts you took for your Research and Development (R&D) can go waste. Hence, a right patent attorney (patent agent) with appropriate experience can remarkably add value to patent application.

What can go wrong ?? if I file a patent on my own?

Generally, the main objective of a good patent application is 3 fold.

  • the patent application is written such that it provides the broadest possible protection for your invention.
  • the patent application is written by following patent rules and procedures such that it stands very high chances of getting a grant (of course if the invention satisfies patentability criteria)
  • the granted patent should be useful when you are to commercialise your patent (i.e. making money with your patent)

As you may have guessed from the discussion above;  writing a patent application involves a certain degree of complexity and prior knowledge of patent laws and case laws which is very difficult for a first-time patent writer to learn from few readings.

writing a patent application is a specialised skill and even patent attorneys or agents require years of practice to be able to write a good patent application that achieves the above-mentioned objectives for an invention.

Hence, if you are writing your patent application like a technical document or a project report and filing it in the patent office would likely result in objections and most probably a rejection. and even if you do get a granted patent by writing on your own, half of the battle still remaining, which is the commercialisation of the patent.

a poorly written patent (although granted) is difficult to commercialise because it may not cover the scope of the invention properly or may lack the broadest possible protection or may suffer due to poor quality of claims.

The process for filing a patent application:

Step 1 a: 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.

We have attached a NDA agreement copy in the link below. Please fill in Inventor/s complete name and communication address. Please send a signed copy of the NDA via email to proceed with your patent filing requirement.

Step 1 b: Filling Invention Disclosure form

Upon signing NDA, you would be sharing the complete invention in the form of answers to the “Invention Disclosure questioner” attached in the link below. This would be the complete information about your invention shared by you along with its advantages, unique features diagrams, and flow charts explaining the invention in the greatest possible details.

Step 2: Patentability search (optional step)

When we receive the invention disclosure from your end, we would be conducting a patentability search (also called Novelty search). This step is the find out whether your invention is novel or not. Which is one of the patentability criteria. The patentability search report helps us in deciding whether to go ahead with patent filing. It takes about 7 days to complete the patentability search and the Patent attorneys fees for this step is Rs.15000/-

see the video above to know why patentability search is important (although an optional step) and can save you from wasting money…

Stage 2 a: Decide to file patent application

On reviewing the patentability search report and discovered the closest prior arts for your invention you can make a decision on 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.

Step 3: Drafting and filing complete patent application:

If the invention is found to be novel in patentability search, the next step is to write (Draft) patent application around the inventive step (Novel feature) of your invention.  It takes about 10-12 working days to complete a patent application which would be reviewed with you once before filing it to the Indian Patent Office. The Attorney Fees for preparing and filing a complete application i around Rs. 35,000/-

(The Attorney Fees for preparing and filing a Complete Application is Rs. 35,000/-. In case we prepare and file a Provisional Patent Application, initial cost is Rs. 20,000/-. In such a case, we need to file a Complete patent application with attorney fees of  INR 15,000 within 12 months from filing provisional patent application.)

Step 4:  Filing Patent application  

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

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

Request for early publication

In case, we file request for early publication, patent application gets published within one month of such a request. Filing request for early publication costs client Rs. 5,000/- for natural person. (official fees is Rs. 2500 and attorney fees is Rs. 2500)

Step 5: Request for Examination  

Request for examination fees is Rs. 4,000 or 20,000 (based on the type of applicant)

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.

Step 6: Responding to objections in the examination report

The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant. which then needs to be replied to for complying with the prosecution requirements.

Step 7: Respond to objections

Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyse the examination report along with 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 controller that his invention is indeed patentable and satisfies all patentability criteria’s.   Once the examiner is convinced about our response, he issues the patent after one or two examination reports or hearings. The professional fees for replying to examination report from patent office would be INR 20,000-30,000/report based on the number of objections raised and complexity of subject matter.

Step 8: Grant of patent:

Once all objections raised in the examination report are cleared, the patent is granted to the applicant.

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

Documents folder link: 
folder for patent-related documents here

How to start? or How to proceed from here ?

To proceed with your patent related requirement, we need 2 things to get started:

  • Non Disclosure Agreement: is attached with link above, it is already signed from our end with signature from one of the partner of the firm. You need to take a print, write your Name, address and sign at the last page. you can send the photo copy or scan copy by email.
  • Invention Disclosure Form: is attached with link above, you would be answering about 15 questions about your invention to be protected by patent, write answers in as detailed manner as possible. include diagrams, flowcharts and other relevant information that helps in explaining invention. (diagrams could be hand drawn, we can finalize it at the time of drafting patent application by experts)

Ideally if you can visit the office to discuss the invention after signing NDA it would be great, if you can not visit to our office that is not a problem too. Most of our work happens via online communications.

Please note that the provided soft copy of the NDA attached herein is duly signed from our end and shall have the same effect/ legal standing as that of hard copies, in view of Section 4 of the Information Technology Act, 2000, of India, according to which soft/electronic copies of documents sent over email have the same effect/ legal standing as that of hard copies.

every step can happen by online communication including on emails, calls, video calls etc.   steps like:

  • signing NDA,
  • discussion with patent attorney,
  • review of patent application drafted,
  • filing of patent application,
  • payment of attorney charges and government fees etc.

Once we review the information sent, and would proceed with the project upon your confirmation. It takes about 5 days to complete Patentability search report. and about 1-2 weeks for writing complete patent application. and then we could proceed for patent filing for your invention.

In case of any questions or queries, feel free to contact me on +91 8055553540  or +91 8055563001

email at contact@patentinindia.com   or prasad@khuranaandkhurana.com

Prasad Karhad
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