For an application for COMPULSORY LICENSE :

For a license to republish a Literary, Dramatic, Musical or Artistic work (Section 31, 31-A and 32-A) Rs. 400/- per work

For license to republish a Cinematograph Film (Section 31) Rs. 600/- per work

For a license to republish a sound recording (Section 31) Rs. 400/- per work

For a license to perform an Indian work in public or to communicate the work to the public by Broadcast (Section 31) Rs. 200/- per work

For an application for a license to produce and publish a translation of a Literary or Dramatic work in any Language ) (Section 32 & 32-A Rs. 200/- per work

For an application for registration or copyright in a:

- Literary, Dramatic, Musical or Artistic work Rs. 50/- per work

- Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 400/- per work

For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:

- Literary, Dramatic, Musical or Artistic work Rs. 50/- per work

- Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 200/- per work

For an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 600/- per work

For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45) Rs. 400/- per work

For an application for registration of copyright in a Sound Recording (Section 45) Rs. 400/- per work

For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45) Rs. 200/- per work

For taking extracts from the indexes (Section 47) Rs. 20/- per work

For taking extracts from the Register of Copyrights (Section 47). Rs. 20/- per work

For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) Rs. 20/- per work

For a certified copy of any other public document in the custody of the Register of Copyright or the Copyright Board Rs. 20/- per work

For an application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 400/- per work

Scheme of Grant-in-Aid

MHRD-IPR Chairs

Enforcement of Copyright

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Ministry of Human Resource Development

Copyright Board

World Intellectual Property Organization

Filing a patent application in the Indian Patent Office is the first step towards securing a patent to your invention in India. To file a patent application, a set of forms has to be submitted to the patent office. The forms can be submitted online (https://www.ipindiaonline.gov.in/on_line/) if you have a class 3 digital certificate. Alternatively, you can send true copies (hard copies) to the patent office.

 

Indian patent offices are located at Delhi, Kolkata, Mumbai and Chennai. The patent

application has to be filed in the appropriate office based on your/your company’s

location. The table below provides the addresses of the patent offices in India and

their respective territorial jurisdiction.

 

Office Address Territorial Jurisdiction

Mumbai Intellectual Property Office, Boudhik Sampada Bhawan, Near Antop Hill Post Office, S.M.Road,Antop Hill, MumbaiI - 400 037.Phone : 24137701, 24141026, 24150381, 24148165, 24171457FAX : 24130387EMAIL: mumbai-patent@nic.in

The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli

Chennai Intellectual Property Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032,Phone: 044-22502081-84FAX: 044-22502066,Email: chennai-patent@nic.in

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep

New Delhi

Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075,Phone : 011-28034304, 28034305 28034306FAX:011- 28034301,02Email: delhi-patent@nic.in

The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh.

Kolkata Intellectual Property Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091,Phone : 23671945, 1946, 1987,FAX-033-2367-1988,Email:- kolkata-patent@nic.in

The rest of India.

 

Once you have identified the patent office in which you have to file your patent

application, it is now time to get an overview of the forms that have to be submitted.

 

To file a patent application, you will have to submit form 1, form 2, form 3 and form

5. Subsequent to filing these forms with the appropriate fees, you will receive a patent

application number from the patent office. Thereafter, you can file form 9 (optional)

and form 18. You can download the Indian patent application filing forms.

 

In the table below, the list of forms that have to be submitted and their respective fees

is provided.

 

Form Title

Fee (INR)

CommentNatural person

Other than natural person

1 Application for Grant of Patent 1000 4000 Mandatory

2Provisional/Complete Specification

No fee*

No fee* Mandatory

3Statement and Undertaking Under Section 8

No fee No fee Mandatory

5 Declaration as to Inventorship No fee No fee Mandatory

9 Request for Publication 2500 10000 Optional

18Request for Examination of Application for Patent

2500 10000 Mandatory

 

* - A fee of 100/sheet (natural person) and 400/sheet (other than natural person) is

applicable for each sheet exceeding 30 sheets in a patent specification. Further, a fee

of 200/claim (natural person) and 800/claim (other than natural person) is applicable

for each claim exceeding 10 claims in the patent specification.

 

Before reading further, I recommend reading our article “How much does it cost to

get a patent in India?” I think it will help you in taking some decisions during the

filing process.

 

It should be noted that Forms 1, 2, 3 and 5 can be submitted online. The remaining

forms (forms 9 and 18) have to be submitted to the patent office by sending hard

copies of the executed forms. Further, note that if you are filing online, form 1 will

have to be filled in the online filing portal. The remaining forms (2, 3 and 5) have to

executed and the scanned copies of the same have to be uploaded during filing.

 

An overview of each of the forms is provided below.

  

Form 1 - Application for Grant of Patent

As the name suggests, this form is an application for grant of patent in India. In this

form, you will have to furnish information, such as, name and address of the

inventor(s), name and address of the applicant(s), information corresponding to prior

patent applications relating to the current invention, which you or any authorized

entity has filed, and some declarations, among other information.

 

(Added after receiving comments from Mr. Naren) Please note that a local

communication address (address in India) has to be provided. This point is of

importance to foreign (Non-Indian) applicants. 

  

Form 2 - Provisional/Complete Specification

Form 2 is used to furnish your patent specification. The patent specification can be

provisional or a complete patent specification depending of the type of patent

application (provisional or complete) you are filing. You might find our article on

“What are the different patent filing options?” useful.

 

If you are filing a provisional patent application, then use the following preamble in

the first page of Form 2: 

The following specification describes the invention

 

On the other hand, if you are filing a complete patent application, then use the

following preamble in the first page of Form 2:

 

The following specification particularly describes the invention and the manner in

which it is to be performed

 

Note that, if you are filing offline, 2 copies of the patent specification has to be sent to

the patent office. Additionally, count the number of sheets and claims (extra fee for

more than 30 sheets and more than 10 claims) and calculate the appropriate fee. While

counting the sheets, even the drawing sheets will have to be taken into account.

  

Form 3 - Statement and Undertaking Under Section 8

Form 3 is used to furnish information/actions relating to patent applications filed in

other countries for the current invention. Additionally, any information relating to the

rights corresponding to the present patent application has to be furnished. Further, you

would be using form 3 to undertake that you will be keeping the patent office

informed in writing the details regarding corresponding applications for patents filed

outside India.

  

Form 5 - Declaration as to Inventorship

This application is used to declare the inventors of the subject matter sought to be

protected using the current patent application.

  

Form 9 - Request for Publication

If this form is not filed, then the patent specification will be published by the patent

office after 18 months from the priority date (filing of the first patent application for

the current subject matter). On the other hand, by filing this form, you can generally

have your patent specification published within 1 week from filing this form. Note

that the patent rights start from the date of publication of the patent application

(enforceable after grant of patent).

  

Form 18 - Request for Examination of Application for Patent

This form can be filed within 48 months from the priority date. The patent office will

not consider your patent application for examination unless this form is filed. Hence,

if you wish to expedite the patenting process, filing of form 9 and 18 at an early stage

is advised.

 

As a final note, I would advise you to carefully study each form and provide

appropriate information, so that there is no adverse effect at a later stage.

 

I hope this article helps you in filing patent applications in India. You can download

the article here.

 

Please feel free check our patent services page to find out if we can cater to your

patent requirements. You can also contact us to explore the option of working

together.

 

Best regards - Team InvnTree   

 

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0

Unported License

How much does it cost to get a patent in India?

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Submitted by Team Invntree on Wed, 01/19/2011 - 14:33

Understanding the cost structure corresponding to applying for a patent can help in making some important decisions. Hence, instead of having a generic idea about the overall cost, it helps if you are aware of the breakdown of the cost structure and the time of incurring such expenses.

The overall cost of obtaining a patent includes the fee that has to be paid to the patent office (statutory fee) and the fee paid to the patent service provider (professional fee). The professional fee varies based on the service provider you may select. Hence, in this article I will deal only with the statutory fee.

The statutory fee depends on who the applicant of the patent is. The Indian Patent Office (IPO) has categorized the applicants into 2 categories:

Natural person

Other than natural person

Any individual(s) applying for a patent is considered as a natural person. On the other hand, all other entities that do not fall under the first category, naturally fall under the second category. For example, legal entities, such as, companies would fall under the second category. It shall be noted that, a patent application can have more than one applicant, and even if one of the applicants do not fall under the first category, then the patent application is considered to be filed by the second category applicants.

The patent office collects 4 times the fee from the second category applicants as compared to first category applicants.

In this article, I will list down the fee applicable to the first category applicants. You may simple multiply this fee with 4 to determine the fee applicable to second category applicants.

Sl. No.

Description

Fee (in INR, 1$ = ~INR 45)

Comment

1

Application for grant of patent

1000

Mandatory

2

Early publication fee

2500

Optional

3

Request for examination of patent application

2500

Mandatory

4

Extra pages

100/Sheet

Optional

5

Extra claims

200/Claim

Optional

Sl. No. 1

A fee of INR 1000 has to be paid while submitting the patent application in the IPO.

Sl. No. 2

A fee of INR 2500 has to be paid if you wish to have your patent application published by the IPO early. If this request is not made, then the IPO publishes your patent application after 18 months from priority date (date on which you first file a patent application for your invention). There are several advantages of having a patent application published early. Some of the advantages are: early publication can help in expediting the patent application examination process and the patent rights start from the date of publication.

Sl. No. 3

A fee of INR 2500 has to be paid, requesting the IPO to examine your patent application. This fee can be paid within 48 months from the priority date. However, note that the patent office puts your application in queue for examination only after receiving this fee. Hence, if you want to expedite the patent process, it is advisable to pay this fee at the earliest.

Sl. No. 4

The IPO accepts patent specification, which has up to 30 sheets without charging any extra fee. However, if the specification crosses 30 sheets, then a fee of INR 100/sheet for each extra sheet has to be paid to the IPO.

Sl. No. 5

Further, the IPO accepts patent specification, which has up to 10 claims (no limitation on independent claims) without charging any extra fee. However, if the specification has more than 10 claims, then a fee of INR 200/Claim for each extra claim has to be paid to the IPO.

I hope you found this article helpful. Please feel free to contact us to know more about how our patent services can help you in your business.

You can download a copy of this article here

Thank you,

Team InvnTree

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License

In simple words, “Patent filing” can be defined as a process of submitting an application in a patent office requesting grant of patent to your invention. If you wish to protect your invention in different countries, then you will have to submit a patent application in each of those countries. There are various options or approaches you may use to protect your invention in one or more countries. By understanding the various patent filing options, you can construct a patent filing strategy based on your business objectives and economic constraints. This articles attempts to provide an overview of the patent filing options you can use. (You may be also interested in reading the article “How much does it cost to get a patent in India”)

 

I will attempt to explian the options in a less complex way without trying to be

“politically correct”. The options can be broadly divided into 4 classifications:

1. Filing a provisional patent application

2. Filing a complete patent application in your country

3. Filing a patent application in a foreign country

4. Filing a Patent Cooperation Treaty (PCT) application

1. Filing a provisional patent application

A provisional patent application is filed to secure a priority date for your invention. A priority date is the date on which the first patent application for your invention is filed. This date is important because, knowledge available in public domain before the priority date is referred to as “prior art”, and this prior art is considered by the patent office to decide if a patent has to be granted to your invention. If you delay filing of the patent application, then naturally, more knowledge in the public domain gets added to the prior art, hence decreasing the probability of patent grant to your invention.

Normally, inventors/companies file a provisional application in two senarios. The first senario is when time is of concern, and drafting a well constructed complete patent specification might delay the patent filing process. This delay in filing, pushes the priority date further, thereby reducing the probability of patent grant to your invention. The second senario is when money is of concern. Depending on the country in which the patent application is filed, there can be a substantial difference between the provisional and complete application fee that has to be paid to the patent office. Further, depending on the patent consultant you choose to work with, there can be substantial difference in the fee charged by

the patent consultant to draft a provisional and a complete specification. Hence, sometimes inventors/companies draft a provisional specification on their own and file the same.

The main difference between a provisional and a complete patent application is, a complete application will have a “claim” section, whereas the claim section will be absent in a provisional application. Claims define the scope of your invention and describes what you wish to protect in your invention.

It shall be noted that, a complete patent application has to be filed within 12 months from the date of filing the provisional application. Failure to do so will be considered as abondining the provisional application. Once abandoned, the advantages of filing the provisional application cannot be availed.

A provisional application can be filed in the patent office of your country or in a patent office of any convention countries (list of contracting countries - Paris conventional).

2. Filing a complete patent application in your country

A complete patent application has to be filed in the patent office of your country if you wish to protect your invention in your country. A complete patent application can be filed in the first place or if you have filed a provisional application provisously, then within 12 months from the provisional application filing date.

A complete patent application in your country can be filed by using any one of the following options:

File a provisional application in any convention country (secure a priority date) and file a complete application in the patent office of your country within 12 months from the priorit date.

File a complete application in any convention country (secure a priority date) and and file a complete application in the patent office of your country within 12 months from the priority date.

Use the PCT route – Explained under option 4

3. Filing a patent application in a foreign country

If you wish to wish to protect your invention in a foreign country, you can choose from one of the options given below:

File a provisional application in any convention country (secure a priority date) and file a complete application in each of the foreign countries in which you wish to protect your invention within 12 months from the priorit date.

File a complete application in any convention country (secure a priority date) and and file a complete application in each of the foreign countries in which you wish to protect your invention within 12 months from the priority date.

Use the PCT route – Explained in detail below

4. Filing a Patent Cooperation Treaty (PCT) application

Filing a PCT application is a good strategy if you wish to protect your invention in more number of countries. By filing a PCT application, you get 30 months duration (sometimes even 31 months depending on the country) from the priority date to file patent applications in each country in which you wish to protect your invention. Note that if you had not filed a PCT application, then you would have only 12 months duration from the priority date to file patent applications in each country in which you wish to protect your invention. Another important point to be noted in case of PCT application is that, only comple patent applications are accepted as PCT applications. Further, a PCT application can be filed in the patent office of your country.

A PCT application can be under the following senarious:

File a provisional application in any PCT member country (secure a priority date) and file a PCT aspplication within 12 months from the priorit date. Subsequently, file patent applications, within 30/31 months from priority date, in each country (has to be a PCT member country, list of PCT contracting countries) you wish to protect your invention.

File a complete application in any PCT member country (secure a priority date) and file a PCT application within 12 months from the priority date. Thereafter, file patent applications, within 30/31 months from priority date, in each country (PCT member country) you wish to protect your invention.

File a PCT application in the first place and secure a priority date. Thereafter, file patent applications, within 30/31 months from priority date, in each country (PCT member country) you wish to protect your invention.

It should be noted the patent filing strategy may be constructed on a case to case basis. The filing strategy may depend on business objectives, market conditions and economic constriants, among other factors.

I hope you found this article helpful.You can download a copy of this article here

Please feel free check our patent services page to find out if we can cater to your patent requirements. You can also contact us to explore the option of working together.