Patent Registration in India – Procedure, Requirements & Fees

Checking the patentability of the invention by performing a search

Drafting of patent application

1. Once the search is complete and through, the next step involved is to prepare an application form in form 1.
2. Each application has to be accompanied by a patent specification. This has to be prepared in form 2 where one has to provide the complete or provisional specification depending upon the state of the invention(Whether its partially completed or completed). In case one files a provisional application, a time gap of 12 months is provided to finalize the invention and file the complete application.
3. A patent draft will also be required to be submitted along with the application. The patent draft is considered a very important document as the same will be used by the patent office in deciding whether or not patent should be granted.
   

Publication of patent application

Examining of patent application

Grant of patent

Rules to keep in mind while filing the patent application

• The fees payable with respect to the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable are specified in the First Schedule.
• An additional fee of 10% is payable when the applications for patent and other documents are filed physically.

• The fees payable under the Act or rules may be paid at the appropriate office either in cash, or through electronic means, or may be sent by bank draft, or banker‘s cheque. The amount is payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller.
• Where a fee is payable with respect to a document, the entire fee shall accompany the document.
• In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant with the request for transfer.

In case an application by a small entity is fully or partly transferred to a person other that a natural person, the difference, if any, between the fee shall be paid by the new applicant with the request for transfer.

• In case an application processed by a start-up is fully or partly transferred to any person other than a natural person or a start-up, the difference, if any, can be charged from a start-up and such person to whom the application is transferred. In short this shall be paid by the new applicant along with the request for transfer:

Explanation:  Where the start-up ceases to be a start-up after having filed an application for patent due to lapse of more than five years from the date of its incorporation or registration or the turnover subsequently crosses the financial threshold limit as defined, no such difference in the scale of fees shall be payable.

• Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not:

Exception: If the Controller is satisfied that during the online filing process, the fee was paid more than once for the same, the excess fee shall be refunded.

• A refund is initiated only if an applicant withdraws his request for examination before the first statement of objection is issued. Please note that this refund is only to the extent prescribed in the First Schedule.
• Any person may deposit money in advance and request the Controller to realize any fee payable by him from the said deposit.
• Subject to the approval of the Controller, any person may discontinue the deposit of money in advance and in such case the balance, if any, shall be refunded.