Patent Filing: Who Can File a Patent?
The patent law in India defines various categories of patent applicants. Depending upon the category and type of the patent applicant, the documentary requirements and the official filing fee varies. In essence, a patent in India can be filed by:
- A natural person(s) and/or a startup;
- A small entity, alone or with a natural person(s) and/or a startup;
- Others alone or with natural person(s) and/or a startup and/or small entity.
An application for a patent in the prescribed form for only one invention (Sec. 7) along with the prescribed fee should be filed in the appropriate office of the patent office.
The application should be accompanied by a provisional or complete specification (Sec. 9 and Sec. 10). A specification or description of the invention is a statement of claim for a patent which is filed along with the application for patent.
The grant of the patent is based on the complete specification (viz. full description of invention, method of performing, claim of invention i.e. scope of the invention) filed by the applicant.
Filing Fee
An approximate basic fee for filling of patent in India under Form 1, 2, 3, 5 & 26 for:
(a) A natural person(s) and/or a startup:
E-filing – 1600/-
Physical filing – 1750/-
(b) A small entity, alone or with a natural person(s) and/or a startup:
E-filing – 4000/-
Physical filling – 4400/-
(c) Others alone or with natural person(s) and/or a startup and/or small entity:
E-filing – 8000/-
Physical filling – 8800/-
For more information on Patent Filing and Fee in India please Contact Us.
