In the previous article, I had given you an overview of “How to File a Patent in India”. In this detailed post, I will tell you about necessary documents to filing a patent in India and What is the cost to filing a patent in India. Indian Patent office is trying their best to make the patent registration process as user-friendly as possible. All forms are available online. Mentioned below are:
1.)Documents required to Filing a Patent in India:
Detailed Description of the Documents:
It is a form in which an inventor authorize “Registered Patent Attorneys, Agents or Other any person in a matter or proceedings under the act” to handle the patent registration process on his/her behalf.
2. Form 5 (Declaration as to Inventorship)
As its name suggests, This form is used to declare the inventors of the “Patent Application”.
3. Form 3 (Corresponding foreign patent application statement and undertakings)
It is a form in which an inventor declares that he/she have not made any application for the same invention outside India or If an inventor has made any patent application for the same application outside India then he/she have to give the particulars of the patent application in this form.
4. Form 2 (Provisional/Complete Specifications)
In this form, an inventor provide information about his/her patent application such as →
1.) Title of the Invention.
2.)Applicants (Name, Nationality, Address)
3.)Preamble to the Description (Provisional or Complete)
6.)Date and Signatures.
7.)Abstract of the Invention.
5. Form 1 (Application for Grant of Patent )
This form extracts information about the inventors, type of applicant such as Natural Person, Small Entity, Startup or others, Title of the Invention and Information about patent i.e whether the application is “P.C.T entering into national phase” or “divisional application” or “Patent of Addition”. Some declaration followed by the attachment at the end.
These are some basic form used in filing patent applications in India. Now, I will explain:
2.)What is the cost to filing a Patent in India?
It is a most asked question by new inventors, research organizations, and Industries. In this post, I will try my best to provide you an accurate and most precise answer.
There are two types of fees involved in Patent Registration Process:
Government Fee is the fee charged by the government of India. It can be form fee, request or renewals fee.It is also not a fixed fee. It can vary from Individual to Corporations, Small Entity to Large Entities or extra sheet fee for claims and there are various other factors plays an important role in fluctuating government fee. You can check government fee by clicking here.
Patent Attorneys, Agents or Professionals are the doctor of your invention. Getting a patent done is a long process.They have combined knowledge of technology as well as legal boundaries behind that profession. Various risks factors are involved in Patents such as Infringements, Responds to Objections (in Patent Prosecution) especially in Patent Search part in which I definitely suggest you use the services of Registered Patent Attorneys, Agents or Professionals. They not only advise you the best but also helps you in reducing the fee by using special form filling skills. Also, A skilled professional can do patent prior art search which is also known as novelty search.
Yet, If I have to give you an estimate to hire a patent professional then the approximate range will be 45k to 65k. It may vary from one professional to another. Also, Knowledge in Patent Law Domain, Experience in the field also plays an important role in judging the caliber of Patent Professional in India.
It is a one time charged fee and you will receive the services such as→
1. )Novelty Search (Patent Prior Art Search)
2.) Patent Drafting (Including Drawing and Specifications)
4.)Responds to Objections.
This is a one time fee charged by patent professional excluding patent litigation which can only perform by Patent Attorneys.If you want to use the service of Patent Attorneys then you have to spend some extra bucks including the fee charged by patent professionals as mentioned above. Only a patent attorney can save you from “Patent Infringement” and litigate on your behalf.
One time charge for Registered Patent Attorney can vary from 65k to 2L per patent application or more or less.
“The fee that I had mentioned varies from one professionals to others, one company to other. It is not an exact amount. This is an approximate fee in India. If you want to use the services of other countries professionals fee may vary”
This is the first step in which you explain about your invention to Patent Professional or Attorney. In this step, A Non Disclosure Agreement is signed between both parties i.e Inventor and Patent Professional. Attorneys are free from this process because they are governed by respective state bar council and according to rules and regulations of “Advocate Act, 1961” Advocates are bound to keep the information secret between him and his client. But if you insist him to sign an N.D.A then there is no problem (i think so)
2. Patent Prior Art Search. (Rs 15k to Rs 25K)
After signing an N.D.A, Patent Professional or Patent Attorneys will perform Patent prior art search. Patent professionals or Patent Attorneys can perform patent prior art search by using their skills and knowledge gained through experience, degrees etc. After that, they will create a Patent Prior Art Search Report.They can perform Prior Art search either by→
3. Whether Go Ahead or Not.
A report will be generated by Patent Professional or Patent Attorney in the second step and they will tell you What is good for you by analyzing the report. Now, It is you who will decide whether to go ahead or not. If you want to go ahead then next step is Drafting of Patent application.
4. Drafting/Writing of Patent Application (Rs 35k to 40K)
Only a good patent professional or patent attorney will provide you this service. Drafting a patent requires techno legal that every patent professional has to learn. Patent Attorneys are individuals who have a degree in science, engineering, and technology, in addition, a degree in law. They will definitely provide you best patent drafting service and filing service including patent litigation. Patent Agents are also engineer by profession. You can also use their services if you want.
5. Patent Filing (Rs 8k to 10K)
Patent Filing is an also important step in Registration of Patent. Your patent will be published after the expiry of 18 months. If you want early publication services your patent will be published before 18 months.
6. Request for examination(5k or 15k or 20k depends upon the applicant)
Within 48 months of filing the patent application, you must apply for a request for examination. After applying for a request for examination, patent examiners will check your invention and judge it on the basis of novelty, non obviousness and industrial application and enabling.
7. Responds to objection.
Patent Professionals or Patent Attorneys will “Responds to Objection” and if the response will be accepted by controller, your patent will be granted and you will enjoy 20 years of a patent grant from date of filing the patent.
8. Grant of Patent
Finally, you will get a grant of patent.
9. Patent Litigation (Fee May Vary)
Patent Act 1970 does not directly define the patent infringement related activities but section 48 of Indian Patent Act, 1970 gives the exclusive right to patentee to prevent the patent from third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India. If third parties, such as companies, persons etc are making, using, selling or offering for sale then you can directly call Patent Attorneys and File Patent Infringement against the culprit.It is the most important part in whole Patent Filing Process. That’s why Patent Attorneys costs you so much high. At last, I want to say that Patent Registration is a long process. Just take your time and effort to search for a good patent attorney or patent professional of your choice.A good decision will save your time, money and most important your invention.
Have you ever see a reputed lawyer taking calls of their clients and converse in the very relaxing mood. It's not possible. And Even a reputed doctor has some consultation fee just for a single visit. Patent Attorneys are a much-reputed profession and you can't expect a free consultation as they are very busy in their work schedule
This post is for information purpose only. I will not responsible for any action taken by you after reading this post.
Technical writing is a necessary step in drafting and filing the patents. Preparing the claims also involves some legal skills that professional writer must learn. I have experience in Technical Writing which gives me an edge to perform well in Intellectual Property Law especially Patent Law.
I'm a former Freelance Technical Writer.
Currently,I'm practicing as an IP and Cyber Law, Attorney in India
From Now (Nov 2017), I will update you only about IP and Cyber Law related issue on this blog.
I love to write Technical as well as Legal stuff.It gives me immense pleasure to present my unique ideas in front of my blog readers.
I have extensive experience in writing Technical articles for Websites, On page SEO for Amazon listings, Article Rewriting, Cyber Security topics, Security Company Business Plan, etc.