Patents

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Patent:

Patents are monopoly rights which can last for a maximum of 20 years. Potentially extremely valuable, they prevent others from using, importing or selling an invention in the protected country without the owner’s permission. Patents are typically used to protect the way something works, what it is made of, how it is made or used, or what it does.

Convention Application

The patent application under Paris convention can be filed within 12 month from the priority date.

PCT National Phase Application

The timeline to enter into PCT national phase India is 31 months from the priority date.

Time Limit

12 months (For Paris convention)
31 Months (For PCT National Phase)

Language

Indian Patent Office accept application and/or information in English & Hindi.

SPECIAL REQUIREMENT

Power of Attorney
Assignment Deed – If the applicant is not the inventor
Certified Priority Document – If PCT/IB/304 is not available on WIPO

EXAMINATION REQUEST

The examination is deferred and must be requested within four years from the priority date.

ANNUAL FEE

Renewal fee are payable after grant of Patent and are due annually beginning at the expiry of the second year from the date of Patent.

Fees:

The office fee is calculated on the basis of applicant’s categories i.e. Natural Person, Small Entity and Other (Large corporate). Natural person fee is five times lower than other category.

The official fee for filing patent application for natural person is INR 1600, for Small entity is INR 4000 and for large corporate is INR 8000.

The official fee for filing request for examination for natural person is INR 4000, for Small entity is INR 10000 and for large corporate is INR 20000.

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