Filing patent application
Filing patent application into patent office: Based on the readiness of your invention, the decision has to be made whether to go for provisional patent application or complete patent application. If you are not quite ready with complete invention and requires further research and development yet you don’t want to lose on priority date for filing patent application then going for provisional patent application is recommended.
There are many advantages for filing provisional patent application explained in article Provisional patent application
The patents are territorial in nature, so if you file patent in India, you are getting protection in India only. You cannot stop use of invention outside India then. Therefore, if you desire that your invention should be protected in multiple countries, depending on your preference of countries Different options, paths and strategies for filing patent application is to be adopted with the guidance of patent agent/attorney.
International patent application:
- different options and routes available
- strategies to go about international patent filing
- Patent Cooperation Treaty (PCT) application
- Paris convention and other routes
the details about PCT patent application is explained in International Patent application – Patent co-operation treaty (PCT)
The patent application is filed in form 1, which is always accompanied by either provisional or complete specification in form 2.
| Responsibilities | ||
| Inventor |  | reviewing patent application. Signing formalities like forms, (power of attorney) to submit along with the patent application. |
| Patent agent or attorney |  | preparing patent application for filing. Recommending best filing route and options for international patent application (if required). Submitting relevant forms and fees in prescribed manner |
| Patent office |  | receive patent application and provide the receipt along with date and time of filing the patent application. |
Refer : Documents required for filing of A Patent Application
Attorney fees for filing a patent application in India : Generally, there is no professional fees charged for patent filing patent application (provided fees are paid for patentability search and patent drafting )
Official fees for filing a patent application in India : There are many things needed to consider before giving an exact fee amount, as it depends on the number of sheets in the patent specification, the number of claims, etc. but below are approximate costing for this stage.
Government forms and fees: The relevant form for patent application is Form 1
| 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) |
E-filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| For Filing Patent Application | 1600 | 8000 |
| For each sheet of Specification in addition to 30 pages | 160 | 800 |
| For each claim in addition to 10 claims. | 320 | 1600 |
Physical Filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| For Filing Patent Application | 1760 | 8800 |
| For each sheet of Specification in addition to 30 pages | 176 | 880 |
| For each claim in addition to 10 claim | 352 | 1760 |
Time: the time required is less than 1 day (if filed online)
The outcome of this step:
The outcome of this filing patent application is :
- You receive a receipt for filing patent application in 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 per forms, 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
step 3 : Publication of application
- 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.