Once you have figured out that Patents represent the correct form of Intellectual Property which you need to protect, two important questions need to be addressed:
- How much will it cost to get a patent registration in India?
- Whom do I trust to help me get a patent or I do it myself?
The order of these questions in your mind may vary but both of these questions are practically inter-related. Your patent costs will significantly depend if you select a patent firm / patent agent to help you with the patent process or do it yourself.
If you select a patent firm to help you, then you should know that the government fee for patents in India only accounts for 5 to 25% of the overall cost and the remaining 75 to 95% are professional fees you pay to the patent firm.
In this post, we will focus on calculating the fees involved in a standard patent process considering both the options of taking professional help and the other option of doing everything yourself. The former estimation will be done by considering the approx. average professional patent fee charged by some premier firms in India. We have also included a handy patent cost calculator, which will help you take the fee proposals received from different law firms and understand your total costs.
Coming back to the costing, the fees involved during the patent process is essentially incurred as:
- Government fee
- Professional fee
Government patent fee
This is the fee which is payable to the patent office and is a mandatory expense. Based on the type of applicant, the government fee also varies. The Indian patent office divides the applicants as natural person and other than natural person, which are further classified into three types as mentioned below:
- Natural person / Startup / Small entity / Educational institute – This essentially deals with patent applications filed by one or more individuals as applicants, by a Startup, Small entity or an educational institute.
- Others entities – This essentially relates to a large entity. Any enterprise which doesn’t qualify as any entity not mentioned above, will be covered under this heading.
Professional patent fee
If you hire a patent firm or a patent expert, professional fee of the patent firm will also be applicable in addition to the government fee. Although, it is not mandatory to hire a patent firm and you can undertake the whole patent process yourself; it is highly recommended to take professional expertise if you are serious about protecting your invention.
The right professional firm can provide immense value to your invention and help you put across an application in the best manner possible. However, this professional help comes at a cost and this cost as mentioned earlier can account for 75 to 95% of the total fee. If you are not sure where to look for high quality patent firms, you should definitely check out Zatalyst’s list of premier patent and IPR firms in India.
Total patent costs: Step by step from filing to grant
In our journey through the patent registration process, it’s crucial to understand the financial commitment involved from the initial filing all the way to the granting of the patent. Here, we’ll break down the total patent costs step by step, offering clarity whether you choose to navigate the process with professional assistance or independently.
Step-by-Step Financial Breakdown of the Patent Process in India
1. Drafting the Patent Application
The journey begins with the creation of a robust patent application. If you opt to use professional services, the cost can range from ₹25,000 to ₹75,000. This is a critical step as a well-drafted application significantly enhances the chances of your patent being granted.
2. Filing the Patent Application
The filing fee for individuals, startups, or small entities remains a modest ₹1,600, while large entities are required to pay ₹8,000. Opting for professional help can increase the cost to between ₹5,000 and ₹12,000, covering the nuanced preparation of documents and submission.
3. Requesting Examination of the Patent Application
To move your application forward, an examination request must be filed. This costs ₹4,000 for smaller entities and ₹20,000 for larger ones. Again, professional fees for handling this request can add an additional ₹5,000 to ₹12,000 to your budget.
4. Responding to Examination Reports
Often, the patent office will issue examination reports that require a detailed response to address any concerns raised. This step incurs no government fees, but professional fees can range from ₹20,000 to ₹60,000, depending on the complexity of the issues to be addressed.
5. Patent Grant
The final step in securing your patent is the grant itself, which incurs no government fee. However, professional services for ensuring all documentation is correctly processed and submitted can cost between ₹1,000 and ₹5,000.
| Steps | Government fee | Professional fee (approx.) | Action type | Timelines | Professional turnaround time (approx.) | Comments |
|---|---|---|---|---|---|---|
| Performing a patentability search | NA | 15,000 to 30,000 | Optional | NA | 5-10 days | Optional but recommended. Ideally should be performed before filing the patent application. |
| Patent application drafting | NA | 25,000 to 75,000 | Mandatory | NA | 7-10 days | Based on the state of the invention, a provisional or a complete specification may be drafted and filed. Estimated price is for a complete specification. |
| Patent application filing | 1,600 to 8,000 | 5,000 to 12,000 | Mandatory | Provisional (NA) Complete (12 months from provisional) | 1-3 days | If a provisional is filed, a complete specification needs to be filed with 12 months. Additional government filing fee is applicable if the number of claims exceeds 10 and number of pages of patent specification exceeds 30. |
| Request for early Publication | 2,500 to 12,500 | 5,000 to 12,000 | Optional | NA | 1-3 days | A patent application is ordinarily published in 18 months. Rights of the applicant start only once the application is published. A request for early publication can be made to get the application published early. Further, if the request for examination is also made, the examination process may start early as well. |
| Request for Examination (RFE) | 4,000 to 20,000 | 5,000 to 12,000 | Mandatory | 48 months from priority date (earliest filing date) | 1-3 days | Examination of patent application starts only after the request for examination is filed. If you are sure and wish to continue further with the patent application, it is advisable to file the request at the earliest. However, if you wish to wait and test the potential of the invention before deciding to invest further, it is advisable to delay the filing till the end of the timeline. |
| Responding to examination reports | NA | 20,000 to 60,000 | Mandatory | Generally, around 1 to 2 years from RFE | 7-15 days | The patent office examines the patent application and issues a First Examination Report (FER). Subsequent examination reports may also be issued based on the response to FER and / or further objections raised by the Examiner. |
| Hearing | NA | 5,000 to 20,000 | Optional | Generally, within 6-9 months from issue of FER | 2-4 days | In certain cases, the patent office may grant a hearing based on the request of the applicant, or if the examiner believes it will help in deciding before taking a decision on granting / rejecting the patent application. |
| Grant & Renewal | NA | 1,000 to 5,000 | NA | Generally, after 6-9 months from the issue of FER | NA | Once the patent office has decided to grant the patent application, it will issue the patent. One, it is issued; it has to be renewed every year. A patent can be renewed till the maximum term of 20 years. |
Please note that all the fee quoted here is for electronic filings. The patent office also accepts paper filings but there is an additional 10% government fee for paper filings.
Please also note, a professional fee range (for premier patent firms in India) is provided as the professional fee can vary significantly from one patent firm to another. It should also be noted that certain patent firms may charge more or less depending on the amount of work required, volumes, etc. Please also note that the pricing is indicative to help you make your decision whether the fees involved justify the return on investment or you can budget for it accordingly. If you have a tight budget, just let us know and we will connect you with premier firms offering friendly patent prices.
Total Costs of Patent Process (With and Without Professional Help)
Below you can see an estimation of the total fee involved (with or without professional help) for an individual / startup / small entity / educational institute or a large entity.
| Government fee | Professional Fee | |||
| Individual(s) / Startup | Small entity | Large Entity | ||
| Drafting patent application | 0 | 0 | 0 | 44000 (25000 to 75000) |
| Patent application filing | 1600 | 1600 | 8000 | 6000 (5000 to 12000) |
| Filing request for examination | 4000 | 4000 | 20000 | 6000 (5000 to 12000) |
| Responding to examination reports | 0 | 0 | 0 | 30000 (20000 to 60000) |
| Grant | 0 | 0 | 0 | 1000 (1000 to 5000) |
| Total (without professional help) | 5600 | 5600 | 28000 | 87000 (56000 to 164000) |
| Total (with professional help) | 92600(61600 to 169600) | 92600(70000 to 178000) | 115000 (84000 to 192000) | |
Patent cost calculator for Indian patent process
The patent cost calculator allows you to estimate the total cost for the patent process using adjustable sliders for actions where professional fees is involved.
Unlike many of the patent calculators available for Indian patent process, which only provide the action of filing and examination request; the patent cost calculator on Zatalyst is the most comprehensive and includes all major steps like patent search, patent application drafting and filing, requesting for examination report, responding to examination reports, hearing and more.
If you have any queries regarding the patent fees in India, please feel free to post a comment. We try our best to answer each and every comment within a few hours.
9 Comments on “Patent costs in India: Total patent fees”
We are five individuals working under a professor. Is the total payable fees is just 5600INR???
Hi Jaideep,
Yes, it will only cost you Rs. 5,600 for the entire patent process for patent registration in India, provided the following criteria are met:
1. The patent application is filed in the name of individual(s) as applicant, and
2. you don’t engage the services of a patent professional or a patent firm and undertake the whole patent process yourself.
Note: You should also check if you are allowed to file a patent as individual(s). If you have used the resources of your college / university there may be a college / university policy which may require you to take permission from them. Alternatively, the patent may have to be filed with the college / university as the patent applicant and all of you mentioned as inventors.
Hi Jaideep,
As mentioned above if you are filing individually and by yourself (without the services of any patent agent / attorney) then this cost of INR 5600/- is OK, however if you see a good potential in your invention(s) and also want to increase the probability of the patent being granted, I will recommend following steps to you
(1) Get novelty assessment done through some professional and then decide whether to file or not
(2) If you decide to file, please approach some attorney who has already dealt in the subject area of your interest.
(3) As mentioned above, please check the IPR policy of your college/ university before filing the patent.
The above mentioned steps will also reduce the probability of legal hassles later on. To some extent you can do the novelty assessment yourself also through different patent sites, even before approaching a professional. Doing this step yourself also helps you to know what is going on in the world in your area of interest, it also helps you in refining your inventions.
Hi There, I have designed my own car design , how much it will cost me to patent it, kindly tell.
@Naman When you say that you have designed a car, are you referring to the car aesthetics, i.e. the look of the car is new and unique?
If yes, then the design may be protected as an Industrial design. Industrial designs are filed to protect the look and feel of products. Also, Industrial designs cost much less than a patent, almost 5 times less.
However, if you mean that there is a functional element in the car which you have designed and want to protect, then seeking patent protection might be possible.
In case your question is regarding the latter, the government fee for the standard patent process in India for an individual will be ₹ 5,600. If you decide to engage a patent professional, the fee will significantly increase. You can refer to the article for cost estimates.
Hello,
I am a student studying in school. I am working on a project from last 2 years. The objective of my project is to generate renewable, free and clean form of energy. I have a 3-D CAD design of my prototype model and research paper with all the claims I made are proved mathematically. I haven’t copied any previous invention made in that context. I have thought every idea of my own. I know that I am very young for it and I am sounding childish. But, I really know what I am doing. I want to patent it by my own. I have never disclosed my idea. So, I want to know that how much money would it require and what time will it take to publish my invention. And if my invention gets patented, then is there any scope for its implementation in real world?
@Sayed – A patent can be filed by anyone, even if you are not 18 year old.
With respect to the cost, it varies significantly from one patent law firm provider to another. And as per our estimation of premier patent service providers in India, the cost of the patent from filing till grant will generally range from 90 thousand to 1.2 lakh.
With respect to the publication of the patent application, it will automatically happen around the 18 month mark from the date of your first filing (provisional or complete application). Refer to the Indian patent process for more details.
Further, getting a patent doesn’t guarantee market adoption or success. For an invention to be successful, it involves a lot of other factors and patents only act as deterrence to prevent others from misusing your invention without your permission.
I have a U.S. provisional which I want to file a PCT on. We already have the amended claims we want to file. We need you to put it in the appropriate form and file the PCT we will pick an Israeli patent search group as they are fast. Beyond the approximate $2,000 PCT filing fee itself in U.S. dollars what will you charge per hour for taking the provisional and submitting. We would be two individual inventors but we have more than 5 patents though our annual income is quite small. We have to file by 6/11/21 when our provisonal expires.
I have invented something ( because can’t be disclosed) several years back which is modification of similar thing ‘a’ existing since that time till now. This similar thing ‘a’ had not changed till now and is still in market ( national and international) at a very low profile ie not so popular. It is not found in patent search done at my level through internet sites. So mostly not patented. Meanwhile there are a few patented and non patented designs seen ( national and international) who tried to modify ‘a’. But these modifications were equally ineffective as ‘a’ to be able to raise the market value of the product. Hence most of these patents have also got expired. Not sure if any patent is active. My modification is proved to be very very effective and will be market catching ( national and international level) as compared to all of them, as per my trials conducted within four walls. I have examined around 40 similar cases ( patented or not) in the above description. Now that I have decided to apply for patent will it be a technically potential case considering the ‘novelty’ aspect?