Thursday 10 November 2011

How Much Does It Cost to Get a Patent in India?



Understanding the price structure whilst applying for a patent can aid in producing some imperative choices. Therefore, instead of having a generic idea about the overall price, it assists if you are aware of the breakdown of the price structure and the time of incurring such expenses.

The substantial costs involved in processing a patent application contains, the fee that has to be paid to the patent office (statutory fee) and the fee paid to the patent service provider (qualified fee). The expert fee varies based on the service provider you might possibly pick. Therefore, in this article I will deal only with the statutory fee.

The statutory fee depends on who the applicant of the patent is. The Indian Patent Workplace (IPO) has categorized the applicants into two categories:

1. Natural individual

two. Other than natural person

Any individual applying for a patent is regarded as a natural person. On the other hand, all other entities that do not fall under the initially category naturally fall under the second category. For example, legal entities, such as, companies would fall under the second category. It shall be noted that, a patent application can have more than one applicant, and even if one of the applicants do not fall under the initially category, then the patent application is regarded to be filed by the second category applicants.

The patent office collects 4 times the fee from the second category applicants as compared to 1st category applicants.

In this article, I will list down the fee applicable to the 1st category applicants. You might multiply this fee with 4 to establish the fee applicable to the second category applicants.

Serial number 1

An application for grant of patent has to be submitted. A fee of Indian rupee (INR) 1000 has to be paid even though submitting the patent application in the Indian Patent Workplace (IPO). This is a mandatory fee. The exchange rate for 1 US dollars was Indian rupee 45 at the time of writing this write-up.

Serial quantity 2

An early publication request has to be submitted if 1 wishes to have their patent application published earlier than the patent workplace norm of publishing patent applications 18 months from the priority date (date on which you initially file a patent application for your invention). This request carries a fee of Indian rupee 2500. The positive aspects of early publication consist of expedition of the patent application examination process.

This is an optional step.

Serial number three

A request for examination of patent application has to be submitted. A fee of INR 2500 has to be paid, requesting the IPO to examine your patent application. This fee can be paid within 48 months from the priority date. Then again, note that the patent office considers your application for examination only right after receiving this fee. Hence, if you want to expedite the patent process, it is advisable to pay this fee at the earliest. This is a mandatory fee.

Serial quantity 4

The IPO accepts patent specifications, which has up to 30 sheets with no charging any additional fee. Nevertheless, if the specification crosses 30 sheets, a fee of INR 100/sheet for each and every added sheet has to be paid to the IPO. This is a mandatory fee.

Serial number 5

Further, the IPO accepts patent specifications, which has up to ten claims (no limitation on independent claims) without charging any additional fee. Still, if the specification has a lot more than 10 claims, then a fee of INR 200/Claim for each and every extra claim has to be paid to the IPO. This is a mandatory fee.

I hope you obtain this write-up beneficial in filing patent applications in the Indian Patent Workplace.

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