Cost of filing patent in India by the normal route
The official patent cost for filing a patent application is ₹1,600 for an individual or ₹4000 for a small or ₹8000 large entity. Attorney fees for drafting a patent application would be around ₹30,000.
Table of Contents
- Cost of filing patent in India by the normal route
- The process for filing a patent application
- Step 1: Signing a Non-Disclosure Agreement (NDA)
- Step 2: Filling Invention Disclosure form
- Novelty search: this is an Optional step
- Patent Drafting (Writing)
- Filing patent application
- Early Publication request (optional step )
- Request for examination (RFE)
- Response to objections
- Hearing with the patent office :
- Grant of patent
- I have an Idea or Invention, I want to know if it can be patented. What to do next?
What is the cost of patent registration in India?
Here is the short answer for the cost of the patent in India :
- Patent attorney fees for Patent drafting is ₹ 30,000 or (USD 360)
- Total official fees for patents by expedited (fast route) ₹ 12,100 or (USD 145) ( this includes Filing fees ₹1600, Early publication ₹2500, Expedited (fast) examination ₹8000)
- After 6 to 8 months ;
- If First Examination is Received – Patent attorney fees for responding to FER is ₹ 15000 or (USD 180)
- If a Hearing is required with the patent office – Patent attorney charges would be ₹ 15000 or (USD 180)
Assumptions: This is assuming the applicant is a Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) and we choose to take an expedited route for a faster grant of patent hence filing early publication and expedited examination requests.
There are two elements for the cost of getting patent/filing patent in India:
- The Government fees for Forms and requests.
- Professional Charges for a patent professional that is patent agent/attorney
The cost for Patent in table format :
Note: steps highlighted in Orange color are either optional step or depends on case to case and are not mandatory to happen
| Sr. | Stages for Patent (links for more details) | Professional fees | Government Fees | Time required |
| 1 | How to go from Idea to Invention disclosure? Do I need patent agent of attorney Is my invention patentable ? | – | – | – |
| 2 | Signing Non-Disclosure Agreement (NDA) | – | – | 10 minutes to sign |
| 3 | Patentability / Novelty Search (Optional step) | ₹ 15,000 or (USD 180) | – | 3 – 5 days |
| 4 | Drafting Complete Patent Application | ₹ 30,000 or (USD 360) | – | 10 – 12 days |
| 5 | Filing patent application | – | ₹ 1,600 or (USD 19) | 1 – 2 days |
| 6 | Publication of patent application | – | – | After 18 months |
| 7 | Early publication (Optional step) | ₹ 2500 or (USD 30) | 1 – 2 months | |
| 8 | Request For examination (Normal Route) | ₹ 4000 or (USD 48) | 2-3 Years | |
| 9 | Request For examination(Expedited, with a female as applicant or co-applicant,) (Optional step) | ₹ 8000 or (USD 96) | 8 to 9 months | |
| 10 | Drafting and Filing a response to the First Examination Report (FER), In Case you receive any objection from the patent office (government) | ₹ 15,000 or (USD 180) | – | Drafting response 7-10 days |
| 11 | Hearing In Case you receive any hearing from patent office (government) | ₹ 15,000 or (USD 180) | – | depends on the government |
| 12 | Grant of patent or refusal | – | – | Depends on the pendency at government |
Note: Government fees mentioned are for Natural persons or Startups or Small entities or educational institutions
link to cost sheet on the government website for patent: link here
The First Schedule Fees: Fees
Do I really need a Patent Agent or a Patent Attorney for Getting patent for my invention?
this question is answered in Video 3 :
Drafting / writing a patent application is a specialized job and requires both technical (field of the invention) and legal (Indian patent act) understanding.
A patent is a techno-legal document. Many inventors trying to write a patent application on their own draft it purely from a technical perspective like a thesis, would not be covering the scope of invention properly and would be missing the entire purpose of getting Patent.
Writing a patent application as a technical document i.e. without considering the legal aspect/provisions may be a mistake that can make your application difficult to go through the examination phase and the Patent commercialization Phase as well.
And, all the efforts you took for your Research and Development (R&D) can go waste. Hence, working with a right patent attorney (patent agent) with appropriate experience improves chances of getting patent granted.
The process for filing a patent application
Step 1: Signing a Non-Disclosure Agreement (NDA)
This agreement is done for your safety. it does not cost you anything. A non-disclosure agreement is an agreement that a patent agent/attorney or Intellectual Property firm is doing with you, to protect the confidentiality of your invention. In other words, the patent attorney is doing this non-disclosure agreement with you (inventor) and agreeing on keeping your invention confidential/secret and do not misuse it.
We have attached an NDA agreement copy in the link below. Please fill in Inventor/s complete name and communication address. Please send a signed copy of the NDA via email to proceed with your patent filing requirement. check Documents folder
Step 2: Filling Invention Disclosure form
this is a form with 12-15 questions you need to answer or write, so that we can understand your invention accurately.
You can write what problem our invention is solving, how it is better than competitors, how we are solving the problem etc. information along with diagram, flow chart or hand drawn sketches of invention.
This is where you give as many details as possible about your invention, so that we understand what exactly we want to protect in our Patent.
The video below would help you with understanding ” the exact information needed to file a patent application that is creating invention disclosure for your invention.”
Novelty search: this is an Optional step
The novelty search or patentability search is an Optional step, You may or may not do it, refer to our section Patentability search or Novelty Search for more details.
In this phase, the patent professional performs an extensive search for prior art in all possible databases for patent, articles, theses, etc. And builds a patentability search report based on the closest prior art found for your invention.
As this search is performed before filing patent application at Patent office, the attorney charges for Novelty search are ₹15000. or (USD 180)
Patent Drafting (Writing)
Patent drafting or patent writing is most important and critical stage in getting patent for your invention.
to know why and how of this process please check our sections on :
- Writing a patent application is a specialized skill
- Advantages of hiring with patent agent or attorney
Drafting a patent application is a specialized job and requires both technical (field of the invention) and legal (Indian patent act) understanding. patent is a techno-legal document. Many inventors trying to write patent application on their own writes it from a completely technical perspective. Writing patent application as a technical document without considering the legal aspect may be a mistake that can make your application not worth a lot. And all the efforts you took for research and development can go to waste.
Hence, the right patent professional (patent agent) with appropriate experience would be the most important investment you can make to protect your invention with the broadest possible scope.
it takes about 1 to 2 weeks time for a patent agent/attorney to work on your invention (writing a patent application) and send it to you for approval before filing in to the government patent office.
The attorney fee for patent drafting is ₹ 30,000. or (USD 360)
Filing patent application
Patent filing involves patent office fees as explained in table below. When you done with the review of patent drafted and are satisfied with the scope and technical details in the patent application, you can file the patent application is the prescribed manner. That is with appropriate forms with appropriate fees.
Government fees is Rs. 1600 or 8000 (based on type of applicant) while submitting the patent application in patent office.
If you do not file request for early publication (fees mentioned in table below) the patent application will be published on expiry of 18 months. The patent application is Filed in patent office. The patent application is filed in form 1, which is always accompanied by either provisional or complete specification in form 2.
Costs: there is no professional fees for patent filing patent application (provided fees is paid for patentability search and patent drafting )
Government forms and fees: Relevant form for patent application is Form 1 and Provisional/Complete Specification in Form 2
There are many things needed to consider before giving an exact fees amount, as it depends on number of sheets in patent specification, number of claims etc. but below are approximate costing for this stage.
| Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others | |
| Application for grant of patent | 1600 or (USD 19) | 8000 or (USD 96) |
Time : the time required is less than 1 day (if filed online)
The outcome of this filing patent application is :
- You receive a receipt for filing patent application in the government patent office with invention title, your name along with time and date of filing.
- Now, your invention is safe and you have secured a priority date for your invention, which makes you less worried about confidentiality and safety of your invention.
- The patent application will be taken to subsequent steps as performs, requests and fees submitted as per standards.
check form 1 and form 2 for details on the government patent website http://www.ipindia.nic.in/form-and-fees.htm
Application for Grant of Patent Form 01
Provisional/Complete Specification Form 02
Early Publication request (optional step )
Generally the application is automatically published after 18 months from the filing date. No fees or action is required by inventor. If you don’t want to wait till the expiry of 18 months, An early publication request can be made along with prescribed fees.
Rule 24. The period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11A shall be eighteen months from the date of filing of application or the date of priority of the application, whichever is earlier. Provided that the period within which the Controller shall publish the application in the journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of request for publication under rule 24A.
Rule 24A. Request for publication.—A request for publication under sub-section
(2) of section 11A shall be made in Form 9.
The early publication request can be made (optional step) with form 9 and by paying prescribed fess as per table below; in general the patent application is published within a month form request for early publication.
Government forms and fees:
Form 9. Remember, these is no fees for publication of application automatically after 18 months of filing date. The fees mentioned below is for optional step if you want to go for early publication request.
| Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others | |
| Request for early publication | 2500 or (USD 30) | 12500 or (USD 150) |
Refer forms and fees on government website for patent http://www.ipindia.nic.in/form-and-fees.htm
Request for Publication Form 09
Request for examination (RFE)
The patent application is examined only after receiving request for examination that is RFE. The inventor / applicant need to file a request for examination (RFE) within 48 months of filing date or priority date. This RFE is made with form 18 and the government fees for the same is mentioned in table below.
Up on receiving this request the controller gives your patent application to a patent examiner who performs searches for checking patentability of the invention (as per patentability criteria’s). and then the examiner creates a first examination report FER of the patent application.
The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and any objections raised regarding patentability requirements for the invention. Same examination report (with objections) is communicated to you (inventor) / patent applicant.
Government forms and fees:
Form 18. The fees for request for examination RFE is as below.
| Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others | |
| Request for examination | 4000 or (USD 48) | 20000 or (USD 240) |
form 18
| Request/Express Request for Examination of Application for Patent | Form 18 (43 KB) |
check details on forms and fees on government website for patent : http://www.ipindia.nic.in/form-and-fees.htm
Response to objections
The majority of patent applicants (inventors) will receive some type of objection based on the examination report. The best thing to do it analyze the examination report with patent agent/attorney and create a response to the objections raised in the examination report. This is a chance for an inventor to communicate his novelty and non-obviousness of the invention based on the kind of objections received.
You (as inventor) / applicant is supposed to answer the objection raised within 12 months from the date on which the First examination report is forwarded to you.
The inventor and patent agent create and send a response to the objections that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s. Or optionally accepts the objections and amends the patent application as pointed out in First examination report.
If the controller is satisfied with the response to the objections or the amended patent application. Up on finding the patent application in order of grant, The patent is granted to you (inventor) / applicant as early as possible !!! with a seal of patent office and the date of grant is registered in register of patents. detailed information at step 6 : Response to objections or First Examination Report
Professional Fees: The patent agent /attorney’s professional fee to respond to objections is Rs. 15,000 or (USD 180).
Hearing with the patent office :
A hearing at the Indian Patent Office is typically held to resolve issues related to the examination of a patent application. It may involve addressing objections or rejections raised by the patent examiner, presenting arguments in favor of the patent application, or discussing any other matters related to the patent application’s prosecution.
Attorney fees: The attorney fee for attending the Hearing with the patent office is ₹ 15,000 or (USD 180)
Grant of patent
The application would be placed in order for grant once it is found to be meeting all patentability requirements. The patent is granted to you (inventor) / applicant as soon as possible with the seal form patent office and The grant of patent is notified in the patent journal which is published time to time.
detailed information at Step 7 : Grant of patent
Recommended reading:
- cost of the patent in India by expedited route (Faster grant)
- time required to get a patent in India
- documents required for a patent in India
You may receive detailed information along with videos and document attachments in your email instantly by writing your name, email, and contact number along with a single line about your requirement. Receive all information via email
I have an Idea or Invention, I want to know if it can be patented. What to do next?
Step 1: Importance of Signing a Non-Disclosure Agreement (NDA):
Before we proceed with any further discussions or exchange of information, it is crucial to establish a Non-Disclosure Agreement. This agreement is done for your safety. It does not cost you anything. The purpose of an NDA is to maintain strict confidentiality regarding your invention. We have shared the NDA agreement copy in the link below. Please fill in Inventor/s complete name and communication address. Please send a signed copy of the NDA via email to proceed with your patent filing requirement.
(Please note that the provided soft copy of the NDA attached herein is duly signed from our end and shall have the same effect/ legal standing as that of hard copies, in view of Section 4 of the Information Technology Act, 2000, of India, according to which soft/electronic copies of documents sent over email have the same effect/ legal standing as that of hard copies.)
The link below is for attachments about Non-Disclosure agreements (NDA), and Invention Disclosure Form.
Documents folder link: https://drive.google.com/drive/folders/1vtzY7YsfgOaN5Gegnp5TKGcLWlEMU4Kh?usp=sharing
Invention Disclosure for Filing Patent:
To initiate the patent filing process, we require detailed information about your invention. As explained in step 2 above, You can write what problem our invention is solving, how it is better than competitors, how we are solving the problem etc. information along with a diagram, flow chart, or hand-drawn sketches of the invention. The video below would help you with understanding ” the exact information needed to file a patent application that is creating invention disclosure for your invention.” video link: https://youtu.be/2ft_oQ0uR8I
Evaluating Patentable Subject Matter:
Once we receive your completed Invention Disclosure Form, our team of experts will thoroughly review the provided information. We will carefully assess whether your invention falls under patentable subject matter based on the applicable patent laws and regulations.
If we determine that your invention may not be eligible for a patent, we will inform you honestly and provide our reason or relevant patent law sections behind this decision. It is essential to be transparent at this stage to save time, effort, and cost in filing patent applications for inventions that could not be patented.
Scheduling a Discussion about the understanding of invention:
If our evaluation confirms that your invention is eligible for a patent, we will be delighted to proceed with the project. At this point, we will schedule a call or video conference via Google Meet or Zoom to further discuss our understanding of your invention.
I would like to emphasize that all the steps mentioned above, including the NDA, Invention Disclosure evaluation, and the initial discussion, are free of cost. You will only be billed when we start the actual work on your project, such as drafting the patent application and providing the required legal support.
To proceed from here you may contact us over the phone or schedule a free video meeting / free consultation. I look forward to speaking to you regarding your patent-related requirement and I would be happy to answer your questions and doubts.
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.