Detailed description of patent application fees in India

In 2024, the Indian Intellectual Property Office promulgated the revised Patent Amendment Bill, which made significant changes and adjustments to the patent application fee structure in India. Therefore, it is essential to understand the latest Indian patent application procedures in order to obtain patent authorization in India.

The Patents Amendment Rules, 2024, introduce several key changes that affect patent application and maintenance fees in India. One of the most important changes is the reduction in the time to file a request for substantive examination (RFE). Earlier, applicants had 48 months from the priority date or filing date to file an RFE, but under the new rules, this period has been reduced to 31 months.

Another major change is the addition of a new fee for opposition hearings before the grant of a patent application. The hearings will be charged instead of free. According to the latest regulations, both patent applicants and opposition requesters must pay a fee of 7,500 Indian rupees (about 100 US dollars) to attend the hearing.

In addition, there are also major changes in the following aspects:

• The extension fee has increased significantly. The revised new rules allow applicants to request an extension of the deadline for up to 6 months, but they will have to pay an extension fee of INR 50,000 per month.
• The Indian Patent Law, amended in 2024, also sets a late payment period for annual fees for certain applications. If at least four years of annual fees are paid in advance, the total annual fees will be reduced by 10%.
• Form 27, the Patent Implementation Statement, which was submitted once every three fiscal years, has been changed from once a year to once every three fiscal years, and specific penalties are provided for delayed submission of Form 27.

Detailed breakdown of patent application fees in India

Pre-trial disclosure

The initial stage of the patent application process includes the inventor disclosing the invention to a patent agent or lawyer, which is often referred to as providing a technical briefing. This step is crucial because it lays the foundation for the entire patent application. The inventor must provide detailed information about the invention, including its technical specifications, unique features, and potential application implementation plans. The inventor's technical briefing will help professionals understand the scope of the invention and determine its patentable elements. Usually, there is no official fee at this stage, but there will be consulting fees for consultation and preliminary evaluation, which will vary depending on the complexity of the patent application.

Novelty search (patentability search/novelty search)

A novelty search, also known as a patentability search, is a necessary step to determine whether an invention is novel and inventive. This search includes searching the prior art, published patent applications, and other public information to ensure that the technical solution to be applied for has a patentable prospect. The cost of a novelty search varies according to the complexity of the technical solution and the breadth and depth of the required search. Generally speaking, the cost of a novelty search ranges from Rs. 15,000 to Rs. 35,000, and will help applicants and agents clarify their ideas, improve technical briefings, identify potential obstacles to patentability, and ensure that the patent application to be written focuses on the novelty and creativity of the invention.

Patent application writing

The drafting of a patent application is a very important stage of work, which requires the patent agent to carefully explain the technical solution of the invention and the legal protection you want to obtain. A well-written patent application must be able to clearly describe the technical solution of the invention, its operating methods, steps and possible features, and clearly define the scope of protection. The cost of drafting a patent application varies greatly, depending on the complexity of the technical solution and the length of time the patent agent serves. In India, the cost of drafting a patent application is usually between 60,000 and 95,000 rupees or more. It is recommended that applicants seek patent agents with experience in the relevant technical field to draft the patent, because the quality of the drafting of the patent application will ultimately have a significant impact on the granting, protection and enforceability of the patent.

Filing a patent application

In India, the cost of filing a patent application involves official fees and service fees. Official fees will vary depending on the qualifications of the applicant - the application fees for individuals, startups and small entities will be lower than for large entities. According to the revised Patent Law in 2024, the standard official fee for filing a patent application by a natural person, small entity, startup or educational institution is 1,600 Indian rupees, while the application fee for other entities is 8,000 Indian rupees. The service fee for Indian agencies to prepare application documents and submit new applications ranges from 25,000 rupees to 50,000 rupees, depending on the type of documents required for the patent application and the quality of the service provided by the service agency. A good service agency will significantly reduce the time for applicants to prepare documents, and enable the patent application to pass formal examination smoothly, saving applicants a lot of time that may be delayed in formal examination, and ensuring that the patent application process proceeds smoothly.

Substantive Examination

The next stage after the new application is to file a request for substantive examination of the patent application, which is a mandatory step under the Indian Patent Law. The Indian Patent Law, as amended in 2024, stipulates that the request for substantive examination must be filed within 31 months from the priority date or the filing date, whichever is earlier. The request fee for substantive examination is Rs 4,000 for a natural person, small entity, startup or educational institution, and Rs 20,000 for other persons and large entities. Applicants can file a request for accelerated examination by paying a request fee of Rs 60,000 for a large entity and Rs 8,000 for a natural person, small entity, startup or educational institution.

Reply to review comments

After substantive examination, the examiner will issue a first examination opinion (FER), which will record in detail any objections or amendments. The applicant must respond to the examination opinion within 6 months of receiving the examination opinion notice, and may request an extension of three months for the response. The extension fee for large entities is 50,000 rupees per month, and the extension fee for natural persons, small entities, start-ups or educational institutions is 10,000 rupees per month. The fee for responding to the examination opinion varies greatly, generally ranging from 15,000 rupees to 55,000 rupees, based on the complexity of the questions raised in the examination opinion and the agent's work time required for the response. Accurate and timely responses are essential for patent applications to be granted and to avoid delays.

Grant and maintenance fees

After the patent application passes the substantive examination, the patent application that meets the authorization conditions will be granted the patent right. The amount of the authorization fee depends on the type of applicant - individual, small entity or large entity. After the patent is authorized, an annual fee must be paid every year to maintain the validity of the patent.

Other things to note when applying for a patent in India:

In certain cases, the applicant may need to file a divisional application. The fee for filing a divisional application is the same as the fee for filing a new Indian patent application, including the filing fee and service fee.

Frequently asked questions

1. Are Indian patents protected worldwide?

• No, Indian patents do not provide global protection. Patents granted in India provide exclusive rights only within India. To obtain protection in other countries, the inventor must file separate patent applications in each jurisdiction. An international application process can be initiated through the Patent Cooperation Treaty (PCT), but it still requires filing separate applications in each country to obtain patent rights in each member country.

2. When should a patent application be filed?

• Patent applications should be filed as soon as possible after an invention is made and before it is publicly disclosed or commercially used. Filing an application early is critical because patents are granted on a “first-to-file” basis, which means that patents are granted to the first applicant to file a patent application, even if someone else independently invents the same technology later.

3. How to apply for a patent?

• Prepare patent application documents: Complete the drafting of patent applications and fully describe the technical details and claims of its uniqueness.
• Conduct a novelty search/novelty search.
• Filing a new application: Submit a patent application to the Indian Patent Office by mail, in person, or electronically. The patent application must include the required forms, fees, and supporting documents.
• Submit a request for substantive examination: Submit a request for examination within the prescribed time limit to initiate the substantive examination procedure.
• Respond to any examination opinions issued by the patent examiner.

4. Can Indian patent applications be filed electronically through an online system?

• Yes, the Indian Patent Office provides an online filing system for patent applications where inventors can submit electronic applications through the official website of the Indian Patent Office.

5. What forms are required to file a patent application in India?

• Form 1: Patent application request
• Form 2: Patent specification of a provisional application or complete application
• Form 3: Declaration and commitment made under Section 8 of the Patent Law
• Form 5: Inventor's Declaration
• Form 18: Request for substantive examination
• Additionally, depending on the circumstances, additional forms may be required, such as divisional applications or voluntary amendments, etc. Make sure all forms are completed and submitted correctly, as well as official fees, to avoid delays in the patent process.