Filling a Patent in India
To get a patent in India you have to follow these steps:
- Have a Novel Invention – Indian Patent Act says you can patent any invention which is novel (i.e. The invention is not in public use, sold, had an offer to sell, or mentioned anywhere in the world or is mentioned in any journal, article or prior patents.). The invention must also be Non-Obvious (obvious inventions like building a line by connecting two points on a straight path along the points is very obvious), and must have industrial application or utility.
- Provisional and Complete Specification – There is a specific format in which one has to submit his/her patent application to the patent office (there are four patent offices in India – Delhi, Mumbai, Kolkata, Chennai). The format of the Provisional and Complete Specification are given on the links here: http://www.patentoffice.nic.in
/ipr/patent/patent_FormsFees . In this link form 2 shows the provisional and complete specification format. Form 3 is for the undertaking or power of attorney of the patent. Form 5 is the declarations as to inventor ship. For filling the patent for the first time you have to submit form 1,2,3,5. Other forms are for future aspects like extending the time limit of the patent, transfer of power of attorney of the patent etc. All the information is given in above mentioned link along with the fees.. Other forms are for future aspects like extending the time limit of the patent, transfer of power of attorney of the patent etc. All the information is given in above mentioned link along with the fees payable./index.htm - Patent Agent – Signatory for the provisional and complete specification can only be a patent agent who is selected by exams conducted by patent registrar office. For signing the form you have to hire a patent agent. (NO NEED OF PATENT AGENT IN GENERAL, but the work of filing a patent is very tiresome, time consuming, and need to be tracked. This work is generally given to a patent attorney who keeps track of filing procedures which go on for more than 2 years).
Writing the provisional and complete specification is not an easy job for a freshman or even an amateur because the jurisdiction of your patent, royalty you earn from your patent or other person infringing your patent solely depends on your provisional and complete specification. For this purpose you have to hire a patent attorney who is good in this job.
Patent Fee
| S.No. | Work | Fees (INR) |
| Fees Payable to the Patent Office | ||
| 1 | Provisional Specification drafting | 5,000 – 30,000* |
| 2 | Complete Specification drafting | 10,000 – 80,000* |
| Fees Payable to the Patent office for filing a patent application | ||
| 3 | Form 1 | Individual – 1000 - Multiple of 1000 in case of every multiple priority. - 100 (each sheet of specn. -in addition to 30) - 200 (for each claim in addition to 10) Organization – 4000 - Multiple of 4000 in case of every multiple priority. - 400 (each sheet of specn. -in addition to 30) - 800 (for each claim in addition to 10) |
| 4 | Form 2 | Individual No fee - 100 (each sheet of specn. -in addition to 30) - 200 (for each claim in addition to 10) Organization No Fee - 400 (each sheet of specn. -in addition to 30) - 800 (for each claim in addition to 10) |
| 5 | Form 3 | No Fee |
| 6 | Form 5 | No Fee |
| 7 | Other forms | Check this link http://www.patentoffice.nic.in |
* It varies from different patent Attorney
Filing a patent in another country
If a patent is filed in India, India is the jurisdiction for the rights available to the owner of the patent. Patent owner cannot gain royalty of the product in US which he has patented if his patent is not filed in US. The patent application for foreign countries is called PCT (Patent Cooperation Treaty) Application and the regulating body is WIPO (World intellectual Property organization). For more information log on to http://www.wipo.int/pct/en
Fees
There are no fees required for the patent attorney again as the same patent application filed in India is filed as a PCT Application.
Fees payable to WIPO
| Title | Swiss France | US Dollar | Euro |
| International filing fee | 1,400 | 1,086 | 900 |
| Supplement per sheet over | 15 | 12 | 10 |
| Fee for priority document (if applicable) | 50 | 39 | 32 |
For Patent Consultancy Log on to www.kcg.co.in
References
http://www.wipo.int/pct/en
http://www.patentoffice.nic.in
