What is the Cost of Patent Registration in India?

Introduction

Patent registration is a process to get protection or obtain exclusive rights granted over an invention of a product or process. It can be a formula, method, or design that can be patented for a limited period of time. The cost of registering a patent starts from INR 2,000. This cost includes both the government and professional fees associated with the registration process. However, the actual cost of patent registration depends on multiple factors, like the number of pages of the patent application, the company filing the application, attorney fees, the number of claims, etc. So in this blog, we will talk all about the cost/fees of patent registration.

What is a patent?

A patent is a federally awarded privilege that allows an inventor to prevent others from selling, creating, or utilizing their invention for a set period. The patent system is intended to promote one-of-a-kind and socially beneficial inventions. The Constitution gives the authority to grant patents, and patents are governed by Federal Statutes and Rules.

What is the cost of patent registration in India?

The cost of patent registration in India depends upon multiple factors. The factors are as follows:

• The stage of the innovation
• Method for Submitting a patent application
• Choosing an international patent application or provisional patent application.
• The number of pages, number of claims, and number of priorities in a Patent Application
• Charges for writing and filing a patent application by a patent agent or lawyer.
• Any objections on patent application placed by Government Patent Office during the examination.
• The patent is filed by an individual or legal entity.

Stages of patent registration cost

The cost of the patent registration is calculated from two elements that are government fees for forms, requests, and renewals and professional fees for a patent agent or attorney. The entire cost should not be paid at once rather, a part of it must be paid at each stage of patent registration cost in India. The stages are as follows:

1. Signing the non-disclosure agreement

The initial stage is to provide complete information about the invention to the patent attorney and sign a non-disclosure agreement. The agreement should contain the description, diagrams, and details of the inventions, and the results of the experiments if any.

2. Patent search

A patent search will be conducted before filing a patent registration application in India for viewing if any similar patent or thesis exists as yours or not. A complete report on their invention will be prepared based on the results of the search.

3. Draft a patent application

After the patent search, the applicant can step forward to draft a patent application for Patent registration. But to draft an appropriate patent application, a person needs both technical and legal knowledge. So it is important to hire a professional attorney or agent and implore him to draft a patent application with all the requirements.

4. File the patent application

Review the patent application once it is drafted. After the review, file the patent application with the details of the inventions. It will take up to 18 months for the approval of the patent application. The applicant can request for early publication but there will be an additional cost attached to the request.

5. Request for the examination

After filing the patent application for Patent registration, the applicant should request an examination. It should be made within 48 hours of the date of filing the patent application. The request for the examination of the patent application should be made to Indian Patent Office.

6. Reply to an examination report

After the examination, the officers at the Indian Patent Officer will prepare an examination report. A reply to the examination will be given to the applicant only if it finds that a similar patent exists before the filing of the patent application.

7. Response to the objection on a patent application

Based on the examination, an applicant may receive some objections to the application. Analyze the examination report with the help of a professional lawyer or agent and draft a response against the objection.

8. Grant of patent

If the officers are satisfied that the patent application has met all the patentability requirements, the patent will be registered. The grant of such a patent will be published in a journal.

9. Renewal fees of a patent

The patent registration is valid for a period of 20 years. After the expiration of 20 years, the applicant has to renew the patent along with the prescribed professional fees.

Note: The costs mentioned above are subject to change and may vary based on the complexity of the invention and the patent agent’s fees.

Conclusion

Patent registration is a crucial step for inventors and innovators to protect their intellectual property and gain exclusive rights over their inventions. The cost of patent registration in India and grants depends on the type of patent and the various stages involved in the registration process. It is important for inventors to plan their finances and budget for the cost of patent registration. By understanding the professional fees involved, inventors can make informed decisions and take the necessary steps to protect their intellectual property.