India: Patent Fees for Obtaining a Patent

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Intepat
Posts: 5
Joined: Wed Apr 06, 2016 3:20 am

India: Patent Fees for Obtaining a Patent

Post by Intepat » Mon Jun 27, 2016 8:38 pm

It is understood that patenting is an expensive and extensive process. Usually, while filing a patent, only the statutory (patent fees) filing fees 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.

Filing- 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.

Early Publication- 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).


pritimujumdar
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Joined: Mon Aug 22, 2016 6:47 am
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Re: India: Patent Fees for Obtaining a Patent

Post by pritimujumdar » Mon Aug 22, 2016 7:23 am

Just have a small query. In the document I am creating, it has got more images and less description. Is there any limitation over inclusion of images or we can add them as per requirement?
Priti Mujumdar


EPO / Asia Info
Posts: 68
Joined: Thu Dec 04, 2014 8:03 am

Re: India: Patent Fees for Obtaining a Patent

Post by EPO / Asia Info » Tue Sep 06, 2016 1:02 pm

Dear user,

Thank you for visiting our forum and your question.

To help you, we would like to make a reference to the Manual of Patent Office Practise and Procedure http://ipindia.gov.in/ipr/patent/manual ... cedure.pdf which serves as a useful guide also for the process of the preparation of patent application in India.

In this Manual of the Indian Patent Office, the following sections should help you to understand the formal and procedural requirements applying to drawings contained in the Indian Patent application:

03.04.01 Contents of Patent Application (Point 9)
05.01 Specification
05.03.08 Detailed Description of the Invention
05.03.09 Drawings

We are looking forward to receiving and seeing more posts in this forum related to the topic of the drawings, especially users' input capturing practical point of view and experience.

Best regards,

The EPO’s Asian patent information services


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