Filing a patent specification at the Indian Patent Office is the first step towards obtaining a patent for your invention in India. To file a patent application, one has to submit along with the provisional/complete specification, a set of statutory forms that are provided in the Second Schedule of the Patent Rules 2003 (Amended in 2016). Also, under the First Schedule of the Patent Rules, 2003 (Amended in 2016), an applicant has to mandatory pay fees for obtaining a patent right. Starting from the filing of a patent application to publication, examination, opposition, grant, renewal, restoration, etc., a certain amount of fees is payable by the applicant for every procedure. The statutory fees (cost to file a patent) depend on who the applicant is. The Patent Rules, 2003(Amended in 2016) identifies three categories of applicants:
- A natural person(s) and/or Startup: Filed by one or more individuals as applicants or by a Startup under Rule 2 (fb) of The Patent Rules, 2003.
- A small entity, alone or with a natural person(s) and/or Startup: An enterprise under Rule 2(fa) of The Patent Rules, 2003 may qualify as a small entity if the enterprise is engaged in:
- Manufacture and production of goods- The investment in plant and machinery is less than Rs.10 crores.
- Providing or rendering services- The investment equipment is less than Rs. 5 crores.
- Others, alone with or natural person(s) and/ or Startup and/or small entity
The fee for a natural person(s) and/or Startup is the least. A small entity is charged a fee which is greater than a natural person(s) and/or Startups but lesser than others- except small entity/ startup. The maximum fee is charged from others- except small entity/startup.
The Indian Patent Office allows an applicant to file a patent application in two modes:
- Physical Filing
An applicant is supposed to pay fee provided under the First Schedule of the Patent Rules, 2003 if he/she wishes to file a patent application through E- filing mode. The Indian Patent Office charges an additional fee of 10% of the total fee. If the filing is made through physical/hard copy mode, then such fees are also mentioned under the Schedule.
The table below gives a summarised view of relevant forms and fee to be payable at the time of filing a patent application:
|Form||Title||Patent Office Fee
( For E- Filing only)
|Applicant- Natural person/ Startup||Applicant-
Other than Small Entity
|1||Application for Grant of Patent||1600||4000||8000|
|2||Provisional/ Complete Specification||No fee||No fee||No fee|
|3||Statement and Undertaking Under Section 8||No fee||No fee||No fee|
|5||Declaration as to Inventorship||No fee||No fee||No fee|
|9||Request for Publication||2500||6250||12500|
|18||Request for Examination of Application for Patent||4000||10000||20000|
|—||For every extra sheet over 30 sheets||160/per sheet||400/per sheet||800/per sheet|
|—||For every extra claim over 10 claims||320/ per claim||800/ per claim||1600/ per claim|