Patent Filing in India (National Phase )

An inventor or an entity can file a national phase application in India (patent filing in India) through 2 modes -
a) Through conventional route i.e. an applicant has to file an application in India or any other country within one (1) year of filing a priority application (national phase patent filing in India).
b) Through a PCT (Patent Cooperation Treaty) route commonly known as national phase patent filing in India i.e. a PCT application has to be applied within one (1) year of priority application which further provides a time period of 30/31 months (depending upon jurisdiction) to file a national phase patent application in intended country/jurisdiction.
 
Timeline
In India, a national phase application can be filed within 31 months from the priority date of the PCT application. India does not provide time extension to file national phase applications.
Language requirement
The patent filing in India (national phase application) can either be in English or Hindi (official language).
In case the priority document is in another language than English then translation will be required for patent filing  in India.
Examination
The Indian Patent Office (IPO) queues a national phase application for examination only after the applicant files an examination request. Hence, it is advisable to request for examination at the earliest.
An applicant has the option to file an examination request within 48 months from the priority date. Failing to request for examination within 48 months leads to abandoning of the patent application.
On the other hand, even if an applicant files a national phase application well before 31 months and also requests for examination, the IPO will queue the national phase application for examination only after 31 months. In case the Applicant wants the IPO to queue the national phase application for examination before 31 months, then an express request shall be made by paying appropriate fee (fee provided in the table below).
Once the application is queued for examination, the IPO is supposed to issue a First Examination Report (FER) within 6 months from the date on which the application was queued for examination. However, it normally takes substantially more time to receive the FER, owing to the workload at the IPO.
Once the FER is issued, the Applicant has 12 months to address the objections raised by the examiner and put the application in order for grant.

The statutory fee depends on who the applicant of the patent is. The Indian Patent Office (IPO) has categorized the applicants into 4 categories:

  1. Natural person
  2. Other than natural person – Startup
  3. Other than natural person – Small Entity
  4. Other than natural person – Others except small Entity

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, fall under the remaining categories of :

  1. Other than natural person – Startup
  2. Other than natural person – Small Entity
  3. Other than natural person – Others except small Entity

The charges for the services rendered in India re under mentioned with corresponding Turn Around Time:

Services Offered Official Fee (US$) Professional Fee (US$) TOT
Patent Filing 27 (individual)

67 (Small Entity)

134 (Large Entity)

250 5 W.D.*
Fee for Pages Excessive of 30 pages 2.7/sheet(Individual)

6.7/sheet (Small Entity)

27.2/sheet (Large Entity)

- -
Fee for Claims Excessive of 10 claims 5.4/sheet(Individual)

13.6/sheet (Small Entity)

27.2 /sheet (Large Entity)

- -
Fee for claiming more than one priority 27/priority(Individual)

67/priority (Small Entity)

134/sheet (Large entity)

- -
Fee for Examination 67(Individual)

167 (Small Entity)

334 (Large Entity)

- -
Fee for Early Publication 42 (Individual)

105 (Small Entity)

210 (Large Entity)

50 2 W.D.
Fee for Expedited Examination 134 (Individual)

420 (Small Entity)

1000 (Large Entity)

100 2-5 W.D.
Reply to Examination Reports - 250/report 5-10 W.D.

Official Fee is subjected to change as per the exchange rate (current rate of calculation – 1 US $ = 60 IN ₹)

Translation charges (if applicable) = US $ 0.20/word

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