The government fee for a patent application in India accounts only for 5 to 25 % of the total cost the rest 75 to 95% is the cost the applicant has to pay to the professionals. The entire patent filling process costs approximately Rs.60,000 to 1 lakh depending on the type of application.
A patent application goes through a number of steps in the registration process like the drafting of the application, conducting a prior art search for your application. The applicable fee may also vary based on the type of applicant as well.
Patent Application Cost
There is a different cost break up for Individuals, small entity and Companies in India. The following is the cost break-up which the applicant needs to file along with the requisite fee and Form -1.
Cost for Individuals
|Prior Art Search||NIL||Rs. 10,000||Rs. 20,000|
|patent drafting||NIL||Rs. 24,740||Rs.50,000|
|Professional Fees||Nil||Rs 20,000||Rs. 50,000|
|Total Cost||Rs.60,000 (Approx)||Rs.2 lakh (Approx)|
Cost for Companies
|Prior Art Search||NIL||Rs 10,000||Rs. 30,000|
|Patent Drafting||NIL||Rs 31,320||Rs 70,000|
|Patent Filing||Rs 8000||Rs. 8,000||Rs. 8,000|
|Professional Fees||NIL||Rs.23,000||Rs. 50,000|
|Total Cost||Rs 80,000 (approx)||Rs. 3 lakh (approx)|
Sanctions for MSME and Start-ups
Start-ups and MSME's are liable for special fee concession based on the schemes (SIPP) launched by the government. The MSME and Start-up certificate is granted by the central government to promote the small-scale industry.
Start-ups get up to 80% fee refund from the government on any of the patent application and also the government grants Rs. 2 lakh of sanctions for filing an international patent application.
A company can get an MSME certificate in 2-3 days through online filing. The government fees for a patent application with MSME certificate at each step is as per the following table:
|Govt Fees (with MSME)||Govt Fees (without MSME)||QUICKCOMPANY||ATTORNEY|
|Prior Art Search||NIL||NIL||Rs. 10,000|
|Patent Filing||Rs 4000||Rs. 8000||Rs.4000|
|Rs. 70,000 (approx)||Rs. 3 Lakh (approx)|
International Patent Registration
An international patent application can be filed through three different methods, and the cost for the application may vary based on the method you chose.
- Direct Method: The applicant can file a separate patent application with different countries patent office in which they desire to obtain patent protection.
- Paris Convention: The applicant will have to file the first application in the convention country and within 12 months from the date of first patent application can submit in all other countries that are part of the convention.
- Patent Cooperation Treaty(PCT): If the applicant is the national or resident of PCT contracting state he can file an International patent application with one or more state and if they receive approval they can have patent protection in several countries at the same time.
International Patent Filing Cost
|E-filing (transmittal Fees)||Rs.3200||Rs. 8000||Rs. 16,000|
|Search Fee||Rs. 2500||Rs. 10,000||Rs. 10,000|
|Examination Fees||Rs.3000||Rs. 12000||Rs. 12000|
- Trademark Registration Cost
- Copyright Registration Cost
- Difference Between Patent and Copyright
- I.P. related Sanctions for MSME's and Start-ups
- MSME in India: Govt Benefits, Process and Documents Required
- What is International Patent Classification (IPC)
- Do You Need a Copyright Attorney?
- Patent Search: Everything You Need to Know
- Types of Patent Applications
- Section 8 Company - Incorporation, Features and Advantages