How to File a Patent in India When You Already have drafted your patent application?

If you have already prepared a patent draft with drawings and are looking to file a patent application in India, or if you have filed a patent application in any other country and looking to file same (already drafted ) patent application in India, this guide provides a detailed breakdown of the process, associated costs, and steps involved.

1. Overview of the Patent Filing Process in India for already drafted – ready to file applications

Filing a patent in India involves several stages, from submission to grant. The process includes documentation, government formalities, examination, and compliance with statutory requirements.

If you are ready with your patent specification and drawings, the primary step is to file the application with the Indian Patent Office (IPO). This guide will help you understand:

• Step-by-step filing process
• Cost breakdown (Professional fees + Government fees)
• Timeframe for each stage
• Optional steps depending on the case

What is the cost of patent registration in India?

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

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

Note:

• The government fees mentioned above are for natural persons, startups, small entities, and educational institutions. Larger companies may have different fee structures.
• The time required for each stage is an estimate and may vary depending on the patent office workload and specific case.

3. Detailed Explanation of Key Stages

Step 1: Filing the Patent Application

• Once your patent specification (already drafted patent application) is ready, the application can be filed with the Indian Patent Office.
• The filing fees for an individual applicant are INR 1,600 (USD 19), while the professional fee for filing the application is INR 20,000 (USD 230).
• Upon filing, you receive an application number that serves as proof of submission.

Step 2: Publication of Patent Application

• The Indian Patent Office publishes the application 18 months from the filing date.
• If you want to speed up the publication, you can request an early publication by paying a fee of INR 2,500 (USD 30). This ensures publication within 1-2 months.

Step 3: Request for Examination (RFE)

• A patent application is examined only when a request for examination is filed.
• Normal examination costs INR 4,000 (USD 48) and typically takes 2-3 years.
• Expedited examination costs INR 8,000 (USD 96) and takes 8-9 months (available for startups, female applicants, or other qualifying entities).

Step 4: First Examination Report (FER) & Response

• After examination, the patent office issues a First Examination Report (FER) with objections (if any).
• You must respond within 6 months to avoid application abandonment.
• Professional fee for drafting and filing the response is INR 15,000 (USD 172).

Step 5: Patent Hearing (if required)

• If the patent office still has concerns, they may call for a hearing.
• Professional fee per hearing: INR 15,000 (USD 172).

Step 6: Grant of Patent

• Once all objections are cleared, the patent is granted and published in the patent journal.
• If the patent is refused, an appeal can be filed.

4. Additional Considerations

• PCT or Convention Route: If you are claiming priority from an existing patent filed in another country, you must file within 12 months (Convention Route) or 30/31 months (PCT Route).
• Maintenance & Renewal: After grant, patents require annual renewal starting from the 3rd year.
• International Protection: If you plan to file outside India, consider PCT National Phase entry.

5. Conclusion

Filing a patent in India involves multiple steps, but with proper planning and timely actions, you can secure your invention efficiently. If you are considering patent filing, feel free to consult a patent attorney to ensure smooth processing and compliance with legal requirements.

For assistance in filing your patent, contact us to schedule a consultation or learn more about the costs and procedures.

For a detailed cost breakdown, visit: Cost of Filing a Patent in India

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Prasad Karhad

Founder & Director at Patent Attorney Worldwide Private Limited

- Registered Patent Agent (IN/PA 2352),
- 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.

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