Patent Fees in India:
It is understood that patenting is an expensive and extensive process. Usually, while filing a patent, only the statutory filing fees (Official fee) and the professional fees are disclosed. However, after the filing, there are certain other fees that are to be paid to the Indian Patent Office (IPO). Therefore, it is imperative that one should understand the patent registration procedure and realize the fee break-up while applying for a patent.
Firstly, while filing a patent application, the status of the applicant- whether a natural person, small entity or other than a natural person – is considered. 'Other than natural person' may include a legal entity; it may also include a legal entity and a natural person jointly. The small entity will have to submit Form-28 along with necessary evidence documents.
Specification and Claims:
The IPO levies no patent fees for a specification up to 30 pages and up to 10 claims. However, if the specification exceeds 30 pages, or if there are more than 10 claims, then an extra fee to be paid per page or claim.
All patent applications filed are published in the Patent Office Journal after 18 months from the date of filing of the application. However, if the publication needs to be hastened, then there is an option of early publication by filing Form-9 and making appropriate payments. If an early publication opted, the application will be published within one month from the date of the request.
Request for Examination:
Applications are examined only when the examination fees are paid by the Applicant; otherwise, the applications are deemed to be abandoned. Fee for examination needs to be paid within a period of 48 months from the date of priority or date of filing of the application. It is to be kept in mind that earlier payment of fees entitles earlier examination, thus hastening the patent procedure.
The following table provides the Patent fees in India for the patent registration process and various entities. (Natural person/ startup, small entity and large entity).
|Sl. No.||On What Payable||
Statutory Fee (INR)
|Natural person/ Startup||Small Entity||Large Entity|
|1||Application for a Patent (Provisional or Complete Specification) – Up to 30 Pages & 10 Claims||1600||4000||8000|
|2||For each sheet in addition to 30||160||400||800|
|3||For each Claim in addition to 10||320||800||1600|
|4||Statement and Undertaking||No fee||No fee||No fee|
|5||Declaration of inventor-ship||No fee||No fee||No fee|
|6||Request for Publication||2500||6250||12500|
|7||Request for Ordinary Examination||4000||10000||20000|
|8||Request for Expedited Examination||8000||25000||60000|
|9||Amendment of before grant||800||2000||4000|
|10||Amendment of Address Change||320||800||1600|
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.