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How to get

Patent in India
Step by step easy to understand Guideline on
Patent procedure
time line and
cost of getting patent in India

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What will you learn from this short report?


Contents
How to get Patent in India ..................................................................................... 1
What will you learn from this short report? ........................................................... 2
10 steps in getting Patent in India for invention .................................................... 4
How can I get patent in India for my project, idea or a product? ........................... 4
Procedure for patent registration in India .............................................................. 6
What are advantages of getting patent in India? ................................................. 11
I am a research student; do I need to be aware of patent on my research area? 13
When should I consider filing patent in India? ..................................................... 14
Do I have an invention that can win patent in India? ........................................... 16
What is a provisional patent application? ............................................................ 17
5 things that decide whether your invention can be patented in India ................ 19
Do I need patent agent in India to file a patent ? ................................................. 21
What is cost of patent registration in India? ........................................................ 22
Shall I apply for patent in India on my name? or on my company name .............. 29
How to get world patent? .................................................................................... 30
What are contents of complete Patent Application ............................................. 32
How much money can I make by patenting my invention? .................................. 33
Trademark Registration India ............................................................................... 35
What is a trade mark? .......................................................................................... 35
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Different types of trademark: .............................................................................. 37


The procedure for registering trademark in India ................................................ 37
What is Patent in India platform? ........................................................................ 40
Company profile and Clients ................................................................................ 40
How to start? or How to proceed from here ? ..................................................... 41

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10 steps in getting Patent in India for invention


Step by step easy to understand guideline on patent in India

Video: Patent procedure, time line and costing a short introduction (14 minutes)

How can I get patent in India for my project,


idea or a product?
This is most common question raised in minds of anyone who becomes interested
in knowing about patent in India and protecting the invention. This question
comes from every sector and domain imaginable. You may be
Business owner : with an idea or product to patent
Research Scientist : with a new concept, formula to patent
Professional (employee) : with new idea for software or business method
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ME or PHD holder : with research project to patent


Student : with intent to learn more about patents and how they can protect
your ideas
The word patent continues to be most sought after word in business and
Research and development community that is being searched over internet for
more information and guidance... Possibly, you are influenced by reading about
patent related news and influenced by the idea of owning intellectual property
right for invention, And you are trying to find information on
What is patent?
Is my idea patentable?
How to apply for patent in India?
How much it costs to get patent in India ?
You can read this information at many places online, in blogs, from government
website on patent and from books. Yet it is not always easy to understand for
every one coming from different background and different mindset. Moreover,
many times questions like these may not have straight forward answers. Like any
other law, Patent Law also involves certain degree of complexity.
So the best advice would be...
Get patent professional involved for writing and filing patent

You would be amazed to find out the value added by a professional patent agent
or patent attorney when working on your idea and filing patent.

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Honestly saying, there are some inventors who have written their patents on their
own, with unbelievable quality of balancing technical and legal aspects of patent,
that it astonishes even experienced patent professionals. But this is rare case,
more often than not people need professional help since patent is not only a
technical document... it is a techno - legal document. Having an experienced
patent professional (patent agent) guiding you through the process of getting
your invention patented can make a large impact to an extent of patent granted
or patent rejected.

Procedure for patent registration in India

Step 1: Write down the invention (idea or concept) with as much details as
possible
Collect all the information about your invention such as:
Area of invention
Description of the invention what it does
How does it work
Advantages of the invention
Ideally, if you have worked on the invention during research and development
phase you should have something call lab record duly signed with date by you and
respective authority.

Step 2: include drawings, diagrams or sketches explaining working of invention


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The drawings and diagrams should be designed so as to explain the working of the
invention in better way with visual illustrations. They play an important role in
patent application.

Step 3: check whether the invention is patentable subject matter


All inventions may not be patentable, as per Indian patent act there are certain
inventions that are not patentable explained in detail in(inventions not
patentable)

Step 4: Patentability search


The next step would be finding out whether your invention meets all patentability
criteria as per Indian patent act? That is,
Novelty
Non-obviousness
Industrial application
Enabling
The detailed explanation for patentability criteria is given here (what are
patentability criterias). The patentability opinion is provided by the patent
professionals up on conducting extensive search and forming patentability report.

Step 4: Decide whether to go ahead with patent

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The patentability report and opinion helps you decide whether to go ahead with
the patent or not, chances are what you thought as novel might already been
patented or know to public in some form of information. Hence this reports saves
lots of time, efforts and cost of the inventor by helping him decide whether to go
ahead with the patent filing process or not.

Step 5: Draft (write) patent application


In case you are at very early stage in the research and development for your
invention, then you can go for provisional specification. It gives following benefits:
Secures filing date
12 months of time to file complete specification
Low cost
After filing provisional application, you secure the filing date which is very crucial
in patent world. You get 12 months of time to come up with the complete
specification, up on expiry of 12 months your patent application will be
abandoned.
When you complete the required documents and your research work is at level
where you can have prototype and experimental results to prove your inventive
step you can file complete specification with patent application.
Filing the provisional specification is the optional step, if you are at the stage
where you have complete information about your invention then you can directly
go for complete specification.
Step 6: Publication of the application
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Up on filing the complete specification along with application for patent, the
application is published after 18 months of first filing.
An early publication request can be made along with prescribed fees if you do not
wish to wait till the expiry of 18 months from the date of filing for publishing your
patent application.
Generally the patent application is published within a month form request form
early publication.

Step 7: Request for examination


The patent application is examined only after receiving request for examination
that is RFE. Up on receiving this request the controller gives your patent
application to a patent examiner who examinees the patent application with
different patentability criteria like:
Patentable subject matter
Novelty
Non-obviousness
Inventive step
Industrial application
Enabling
The examiner creates a first examination report of the patent application upon
reviewing it for above terms. This is called patent prosecution. Everything
happening to patent application before grant of patent is generally called as
patent prosecution.
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The first examination report submitted to controller by examiner generally


contains prior arts (existing documents before the date of filing) which are similar
to the claimed invention, and same is reported to patent applicant.

Step 8: respond to objections


Majority of patent applicants will receive some type of objections based on
examination report. The best thing to do it analyze the examination report with
patent professional (patent agent) and creating a response to the objections
raised in the examination report.
This is a chance for an inventor to communicate his novelty over prior arts found
in the examination report. The inventor and patent agent create and send a
response to the examination that tries to prove to controller that his invention is
indeed patentable and satisfies all patentability criterias.

Step 9: clearing all objections


This communication between controller and patent applicant is to ensure that all
objections raised in the patent application are resolved. (if not the patent will not
be granted ) and the inventor has his fair chance to prove his point and establish
novelty and inventive step over existing prior arts.
Up on finding the patent application in order of grant, it is grant to the patent
applicant as early as possible.
Step 10: Grant of patent
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The application would be placed in order for grant once it is found to be meeting
all patentability requirements. The grant of patent is notified in the patent journal
which is published time to time.
Get Free preliminary guidance about your patent requirement reach patent
experts agent and companies here

What are advantages of getting patent in India?


This is common question being asked many times by inventors in hope of judging
whether it is really worth to go for filing patent for the invention.
Before answering this question, I would ask what are the advantages of having a
real estate property on your name?
You can rent it
You can sell it
You can stop others from using it without your permission
You can use it for your purpose (business or residence)
on similar terms, patent is an intellectual property and has all the advantages
stated above, but you need to claim it to be on your name, hence the filing of
patent application for your invention.
There is a difference though, Unlike real estate the patent has the term of 20
years of ownership. after that they are open to be used by anyone.
Hence the Patents system are built to encourage the innovation and growth of
the economy be providing patent winner and exclusive right on the invention
(intellectual property) for limited time.
Advantages of owning patent would be:
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You own the invention for given time (20 years)


You can use it to build a business
Rent it (in this case license it) to existing businesses
Exclude all others for using, selling, offering for sale and importing your
invention in your country
You can completely sell the patent to other company
hence this gives a unique advantage to patent owner which can be leveraged for:
1)

Building business around the invention

2)

Having patent helps in raising capital for business

3) Patent rights can be licensed to other companies to receive royalty


payments
4)

You can sell the patent

5)

Being owner of the patent you have rights to block others from

a)

making,

b)

using,

c)

selling or offering for sale, and

d)

importing the patented invention

6) Thus businesses and inventors can have a complete monopoly and


competitive advantage

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I am a research student; do I need to be aware of patent


on my research area?
As a research student, you need to be very careful that you are not putting all of
your efforts in something which is already invented and patented. If that becomes
the case, you would be re inventing wheel and probably all your research efforts
are not worth whole a lot. Having said that, we have also seen many people
working on particular invention gets discouraged up on finding hundreds and
thousands of patent from their domain and similar to their technology... Getting
patent is NOT always about inventing something earth breaking solution,
Many patents are awarded for inventions that are either
technically advance or
economically significant to the existing patents (or prior art)
So, a prior art documents or patents that are already existing can be 99% similar
to your invention Yet, if your invention has either technical advance or economic
significance or both... and you can prove it that your invention is better than
existing ones by means of results comparisons testing and if possible working
model, then there is a strong possibility that you may get patent for your
invention.
The best way to take this judgment is get help from patent professional,
The novelty search (also called as patentability search) is performed for the same
reason,
This patentability search, done right, can yield pretty fantastic results for your
invention;

It can tell you what part of your invention is already covered and what
could be novelty feature...

it can tell you where you can focus you research work to get maximum
level of protection with you patent

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and it gives a review about whether it is appropriate to proceed with


patent filing process

When should I consider filing patent in India?

Filing of the patent application should be the first priority at any stage of your
research and development, even before you publish the invention and or disclose
it in a speaking or to a group of people. Filing patent in India should be taken at
priority to obtain appropriate protection for your research work.
However, There are instances where you need to disclose the invention before
applying for patent like, discussing with patent professionals, supervisors,
partners, technical assistants etc. Or when you are doing initial analysis of
commercial worth of the invention before applying for patent, In such instances
you need to protect the confidentiality of it by way of signing a Non disclosure
agreement (NDA) by parties to whom you are disclosing the invention.
The best thing to do would be filing a provisional application if you are at early
stage in research and development. This provisional specification discloses the
nature of the invention.
This document helps in securing date of application even if you are not
completely ready with the invention to be protected. You get 12 months of time
to file complete specification and decide whether or not to go ahead with entire
procedure for applying for patent, which is time consuming and costly.

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If you could not file the patent application on time, or delayed the step to apply
for patent, following things may happen;

Other inventors doing research work in same field of your invent may file
the application for patent (in India it is first to file system) then you will lose
the opportunity.

There may be some information similar to your invention gets published


may be as a research report or a technical blog etc, which can become a
prior art and completely eliminate the possibility of getting patent. Since
your invention becomes public knowledge before you apply for patent

Hence, it is sensible to apply for patent even if with provisional specification as


early as possible and secure the date for your invention.
Although, it is not always necessary to go for provisional specification, you can
directly file complete specification with the application for patent if you are ready
with the information to be protected.
The inventors seeking patent protection can be found in different stages:
Some seek patent protection at initial ideation stage and some seek patent
protection after publication of the invention and displaying it in public without
proper confidentiality measures. And within these two lies intermediate phases of
research.
Being too early and too late in patent application is harmful.
If you are too early, you may be in a ideation stage and can lose crucial time, since
you might not yet figured out what to do next and no planning exist, so you might
miss opportunities to appropriately commercialize the patent.
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And if you are too late, chances are you would lose the priority or even invention
since someone else come up with same patent application before you file one.

Do I have an invention that can win patent in India?


Knowing whether you have the invention worth patent protection in India or not
need to address multiple questions before coming to conclusion;
But probably most important of all would be a question that you as an inventor
need to answer is whether I have sufficient information about my invention
that I can represent in a format in such a way that it can enable a person skilled
in the art can reduce it to practice?
In other words
Do I know my invention with such a granular detail that up on reading my patent
on the invention any person who is skilled in the field of my invention can
perform the invention without any difficulty?
If the answer to above question is yes!!!
Then its time that you should go for patent protection.
Having said that, there are still ways you can protect your invention even if it is
not completely clear to you. As explained below:
You find yourself in a situation where you do have an invention which is
patentable and commercially worthwhile to get patented. But your answer to
above question is No!!!
Since you dont yet know the missing pieces of the information about your
invention and the description of invention is not yet enabling.

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Still you can secure the date of priority (which is very important) by going for
provisional specification while applying for patent
In case you are at very early stage in the research and development for your
invention, then you can go for provisional patent application. It gives following
benefits:

Secures filing date

12 months of time to file complete specification

Low cost

After filing provisional application, you secure the filing date which is very crucial
in patent world. You get 12 months of time to come up with the complete
specification, up on expiry of 12 months your patent application will be
abandoned.

What is a provisional patent application?


When you are at a stage in your research and development work where, it can be
disclosed on paper but its not a final invention, then you can prepare a
description of the invention as provisional specification and submit to patent
office to secure the priority date of the invention.
It gives following benefits:

Secures filing date


12 months of time to file complete specification
Low cost

When you complete the required documents and your research work is at level
where you can have prototype and experimental results to prove your inventive
step you can file complete specification.

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Filing the provisional specification is the optional step, if you are at the stage
where you have complete information about your invention then you can directly
go for complete specification.
A provisional specification is not a rough draft; it defines the field of invention and
also defines the scope of the invention to certain extent. Even if you file complete
specification later it does not replace the provisional specification, it still remains
in the record.
The patent office accords the filing date and patent application number to the
provisional specification received.
If the complete specification is not filed within 12 months from the filing date of
provisional specification, the patent application is treated as deemed to have
been abandoned.
Contents of Provisional Specification
1. Title of the invention
2. Description of the invention starts with preamble The following
Specification describes the invention.
3. The description contains
1. The field of invention and containing the background of the
invention,
2. Object of the invention and statement of the invention.
Claims may not be part of the Provisional Specification

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5 things that decide whether your invention can be


patented in India

How can I find out whether my invention is patentable? This is probably the first
question that may arise in your mind if you are looking to get protection for your
research and development (invention). so lets see how to patent an idea in India
5 things that decide whether your invention can be patented in India:
1. Invention should be Patentable subject matter
2. It should be Novel
3. It should be Non-obvious (inventive-step)
4. Invention should have Industrial application
5. And it should be enabling
Lets discuss all 5 criterias one by one
Invention should be patentable subject matter:
Patent act in India has specified certain subject matters are not eligible for getting
patent in india. Some of these areas are;
Inventions related to atomic energy
abstract ideas
laws of nature or anything contrary to well established natural laws
physical phenomenon
discovery of any living thing or non living substance
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method of agriculture or horticulture


new form of know substances
method of playing games
any aesthetic creations
anything that causes a serious harm to human
animal, plant life
etc, are NOT patentable subject matter in accordance with section 3 and section 4
as per Indian patent act.
Novelty means the information you have written in the specification of your
patent application (subject matter) is not published or know to or available to
public in India or elsewhere before the date of filing of the patent.
An inventive step: a subject matter in patent application having inventive step
means, the invention disclosed is not obvious to a person skilled in the art.
Especially with reference to the prior art or the information already know or
available to the public. In other words, the invention should not be obvious to
people who are form the same field of invention.
In other words, the inventive step means an aspect of the invention that involves
a Technical advance or economic significance or both with respect to existing
knowledge, thus making invention non obvious to a person skilled in the art.
Industrial application: as the name suggest, invention to be patented should have
a utility that is it is capable of being made and used in an industry.
Enablement: This criterion suggests that the information disclosed in the
proposed invention should be sufficient to reduce it in to practice. And this
information must be included in to the patent application for the invention.
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In accordance with Indian patent act,


The term enabling means two things
1. Any person, who is ordinary skilled in the art, should be able to reduce
the invention in to practice by the help of the information disclosed in the
patent application.
2. The patent applicants should disclose the Best Mode for practicing the
invention which is known to them at the time of filing the patent
application.

Do I need patent agent in India to file a patent ?

Who is patent agent in India ?


An Indian patent agent is an individual with a science or engineering degree who
has cleared the Indian patent agent exam and is registered with the Indian patent
office with good standing in his practice.
Do I need patent agent in India to file a patent
Drafting a patent application is a specialized job and requires both technical (field
of invention) and legal (Indian patent act) understanding.
As you may have heard, patent is a techno-legal document. Many inventors trying
to write patent application on their own writes it from completely technical
perspective. Writing patent application as a technical document without
considering legal aspect may be a mistake which can make your application not
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properly covering the scope of the protection. And all the efforts you took for
research and development can go waste.
Hence, right patent professional (patent agent) with appropriate experience can
remarkably add value to patent application.
Patent agent provides maximum possible protection for your invention since
the drafting of patent is done from technical as well as legal perspective.
Following things will be considered by patent agent while drafting patent:
The claims written in such a way that they provide maximum protection
All possible embodiments and variants are covered
Each claim is supported by description in specification
Use of specific words in description and claims that has specific meaning in
patent law
Use of specific language while drafting patent application is required
Inventors who are not experienced in patent law can make some mistakes in
drafting patent specification and may face rejection for failing to comply with
the requirements set by patent law. In this case all efforts by inventor in research
and development may go waste.

What is cost of patent registration in India?

How much does getting a patent in India costs? There is no precise and
accurate answer to this question as cost for a obtaining patent is dependent on
multiple factors... What best we can have is range for costs involved in...
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There are two elements for cost of getting patent / filing patent in India:
1. The Government fees for Forms, requests and renewals.
2. Professional Charges for patent professional, patent agent / attorney
Government fees too, are different for an individual inventor and a company. and
fees for patent application also defers based on number of claims and pages in
the specification. So, a lot of factors need to be considered when talking about
costs involved in getting patent.
to get quick understanding, watch this short and informative video we created
on Patent procedure, time line and costing (14 minutes)
Yet to give you an idea, the cost to file a patent is approximately Rs. 45,000 to
65,000. This is assuming that you have hired a patent (agent) professional for
patent research, writing and filing patent application for your invention.
This cost requires in stages as your invention proceeds from Novelty Search
(about Rs. 15000), Patent drafting and filing in India (about Rs. 30,000) and after
1 to 2 years for responding to office actions if any objections are taken by
controller in examination report on application about your invention, such
response to office actions typically requires (about Rs. 15000).
Note: these costs are mentioned are exemplary and may vary with respect to
patent professionals and companies.
The link below is the fees structure mentioned at the patent office website in
India. http://ipindia.nic.in/ipr/patent/patent_formsfees/Fees.pdf

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If you are filing patent on your own, without help from patent agent, then it can
cost much lesser as only fees you are paying is government fees for patent filing
and prosecution.
Here is how you will need charges as per stages in patent filing. We are assuming
you have hired a patent professional in helping you with patent filing, which is
recommended and makes this all patenting efforts worthwhile with his
experience and expertise in techno-legal writing.
Stage 1: invention disclosure
This is initial phase when you disclose your invention to the patent professional
(patent agent) by signing a Non disclosure agreement. Here you should submit
each know fact about your invention, description diagrams and experimental
results (if any). Hold nothing back.
Stage 2: Novelty search (patentability search)
The professional charges at this phase range from (Rs 10,000 to Rs.20,000 )
In this phase, patent professional performed an extensive search for prior art in
all possible databases for patent, articles, thesis etc... And builds a patentability
search report based on closest prior art found for your invention.
Stage 3: Decide to file patent application
On reviewing the patentability search report and discovered closest prior arts for
your invention you can take a decision whether to go ahead with patent
application filing.

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Your invention needs to have inventive step as compared with existing prior art
to be able to qualify for a patent. The inventive step is achieved when your
invention has either technical advance or economic significance or both over
existing prior arts.
When you decide to go ahead with patent filing next step is writing patent
application also called as patent drafting.
Stage 4: Patent drafting (patent writing)
Patent drafting charges range from Rs. 20,000 to 30,000 (professional fees)
Drafting a patent application is a specialized job and requires both technical (field
of invention) and legal (Indian patent act) understanding.
As you may have heard, patent is a techno-legal document. Many inventors trying
to write patent application on their own writes it from completely technical
perspective. Writing patent application as a technical document without
considering legal aspect may be a mistake which can make your application not
worth a lot. And all the efforts you took for research and development can go
waste.
Hence, right patent professional (patent agent) with appropriate experience can
remarkably add value to patent application.
Stage 5: Filing Patent application
Patent filing involves patent office fees as explained in table below
When you done with the review of patent drafted and satisfied with the scope
and technical details in the patent application, you can file the patent application
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is prescribed manner. That is with appropriate forms with appropriate fees. You
need to pay fees of Rs. 1600 or 4000 0r 8000 (based on type of applicant) while
submitting the patent application in patent office.
If you do not file request for early publication (fees mentioned in table below) the
patent application will be published on expiry of 18 months.
Stage 6: Request for Examination
Request for examination fees is Rs. 4000 or 10000 or 20000 (based on type of
applicant)
The request for examination is to be made within 48 months from the date of
filing the patent application, along with prescribed form and fees. This is the
request made to Indian patent office to examine you patent application.
Stage 7: Responding to objections in examination report
The first examination report submitted to controller by examiner generally
contains prior arts (existing documents before the date of filing) which are similar
to the claimed invention, and same is reported to patent applicant.
Step 8: respond to objections
Majority of patent applicants will receive some type of objections based on
examination report. The best thing to do it analyze the examination report along
with patent professional (patent agent) and creating a response to the objections
raised in the examination report.
This is a chance for an inventor to communicate his novelty or inventive step over
prior arts found in the examination report. The inventor and patent agent create
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and send a response to the examination that tries to prove to controller that his
invention is indeed patentable and satisfies all patentability criterias.
Step 9: Grant of patent
The application would be placed in order for grant once it is found to be meeting
all patentability requirements. The grant of patent is notified in the patent journal
which is published time to time.
Stage 10: Renewal of Patent fees
Maintaining patent for its entire life time that is 20 years from filing date requires
renewal fees to be paid to patent office as mentioned in link here
http://ipindia.nic.in/ipr/patent/patent_formsfees/Renewal_of_Patent.pdf

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No Description
Natural

Other than Natural

Person

person (companies)

(Individual

Small

Other than

inventors)

Entity

small entity

Comment

Application for grant of patent

1600

4000

8000

Mandatory

Early publication fee

2500

6250

12500

Optional

Request for examination of

4000

10000

20000

Mandatory

160/sheet

400/sheet

800/sheet

Mandatory

320/claim

800/claim

1600/claim

Mandatory

patent application
4

For every Extra sheet over 30


sheets

For every Extra claim over 10


claims

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Shall I apply for patent in India on my name? or on my


company name
If you are an employee working for an organization, company or institute then
possibility is you have an agreement where all the intellectual property generated
during your tenure of employment will be on the name of that organization,
company or institute. If you have not signed such agreement, then you can apply
for patent in India as an individual (natural person) and can own the patent on
you name.
On the other hand,
If you are a business owner or entrepreneur and inventor and trying to find
whether to take patent on your name or your companys name then below are
points you should consider:
The fees structure and cost for applying and maintaining patent:
It costs more to own and maintain patent as a legal entity than as an individual
(natural person) generally it is 4 time more.

No Description

Other than Natural


person
Natural Person
Small
Entity

Other than
small entity

Application for grant of patent

4000

8000

1600

Early publication fee

6250

12500

2500

Request for examination of patent

10000

20000

4000

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application
4

For every Extra sheet over 30 sheets

400/sheet

800/sheet

160/sheet

For every Extra claim over 10 claims

800/claim

1600/claim

320/claim

Consider the point of view of people investing in your invention


If you have an investor funding for your business then the investor would always
want the patent on companies name than you name. Even if the inventor enters
at the later stage in your business by funding your company still they can ask to
transfer the patent rights on company name if they are owned by you.

How to get world patent?


Patents are territorial. That means the right of patent is limited to the country in
which you received the patent protection for your invention.
There is nothing like world patent. However there are ways you can protect your
invention in many countries. Some ways are inefficient and expensive while some
ways are efficient and inexpensive and saving lot of rework.
Direct or Paris route: you can directly file separate patent applications at the
same time in all of the countries in which you would like to protect your invention
(for some countries, regional patents may be available) or, having filed in a Paris
Convention country (one of the Member States of the Paris Convention for the
Protection of Industrial Property), then file separate patent applications in other
Paris Convention countries within 12 months from the filing date of that first
patent application, giving you the benefit in all those countries of claiming the
filing date of the first application.
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PCT route: you can file an application under the PCT, directly or within the 12month period provided for by the Paris Convention from the filing date of a first
application, which is valid in all Contracting States of the PCT and, therefore,
PCT filing is much simpler, easier and more cost-effective than both, direct or
Paris route filings.
The patent cooperation treaty (PCT)
The PCT is an international treaty with more than 145 Contracting States. The PCT
makes it possible to seek patent protection for an invention simultaneously in a
large number of countries by filing a single international patent application
instead of filing several separate national or regional patent applications. The
granting of patents remains under the control of the national or regional patent
Offices in what is called the national phase.
It is a multilateral treaty entered into force in 1978. Through PCT, an inventor of a
member country (Contracting state of PCT can simultaneously obtain priority for
his / her Invention in all/ any of the member countries, without having to file a
separate application in the countries of interest , by designating them in the PCT
application .India joined the PCT on December 7, 1998.
PCT is an International treaty, which provides facility to the applicant to file a
single patent application and designate the countries in which he/she wants to
protect his IP rights. Thus a single patent application is filed for the purpose of an
international search report.
A single international patent application has the same effect as national
applications filed in each designated Contracting State of the PCT. However,
under the PCT system, in order to obtain patent protection in the designated
States, a patent shall be granted by each designated State to the claimed
invention contained in the international application.
Filing:
You file an international application with a national or regional patent Office or
WIPO, complying with the PCT formality requirements, in one language, and you
pay one set of fees. International
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Search:
an International Searching Authority (ISA identifies the published patent
documents and technical literature (prior art) which may have an influence on
whether your invention is patentable, and establishes a written opinion on your
inventions potential patentability.
International Publication:
as soon as possible after the expiration of 18 months from the earliest filing date,
the content of your international application is disclosed to the world.

What are contents of complete Patent Application


Complete patent application
Submission of complete specification is necessary to obtain a patent. A patent
specification discloses the details of the invention for which the patent protection
is sought. The legal rights in a patent are based on the disclosures made in the
specification.
The complete specification has following elements:

Title of Invention
Field of Invention
Background
Summary of Invention
Brief description of drawings
Description of invention
Examples if any
Specific embodiments if any
Abstract
Claims
Drawing / diagram / flow-chat

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You can check some granted patents from website of Indian patent office by
clicking link herehttp://ipindiaonline.gov.in/patentsearch/Search/index.aspx
Types of Patent Application:
There are different types of patent application that can be files based on timing,
desired territory for protection and number of inventions.
Types of Patent Application are:
Ordinary Application
Application for Patent of Addition (granted for Improvement or
Modification of the already patented invention, for an unexpired term
of the main patent)
Divisional Application (in case of plurality of inventions disclosed in the
main application)
Convention application, claiming priority date on the basis of filing in
Convention Countries
National Phase Application under PCT

How much money can I make by patenting my


invention?
This is the most important question each inventor or researcher has in mind when
deciding about going for patent, after all monetize research and development
efforts and enjoying monopoly in return of disclosing the invention to the public is
the base of patent system. And the commerce part of it that is monetizing patent
obviously plays an important role in decision.
It has been common conception that once you have an idea worth patenting, the
first thing to do is filing patent application. However this might not be good thing
to do. The patents are as valuable as they are worth in commercial use.

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In other words, there has to be a commercial demand for the invention that you
are patenting, there need to be companies, businesses using this invention and
paying you royalties, there has to be opportunity where companies could buy out
your patent (if you wish to sell of course). And this all has to be though through
before taking big financial decisions and filing patent application.
A patent rarely has any value if the commercial worth of the product or
technology cannot be demonstrated and exploited.
This has been the reason for failure for many patentable inventions as the
inventor of the patented invention was unable to exploit them commercially. The
commercial exploitation of patent requires skills and if the inventor does not
possess the required marketing and business management skills for exploiting the
patent, then it would be good idea to bring this talent by having someone with
these skills to your team.
In general there 2 ways you can earn money from patent:
1. Licensing (royalty payments)
2. Selling the patent
Done right, the commercialization of in demand patent can bring substantial
money to the paten owner.
The general approach is to

start with a problem,

bring solution to the problem by research and development (invention),

protect the solution by patents and

Make money from the solution by licensing or selling it

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Trademark Registration India


So, you own a business or want to own a business, and you are wondering if
Trademark registration india really necessary? is it just good to have or a must
have for a business ? well, let me ask you a question,
How much time and effort you invested in your business?
Did you work had to make your business a respectable and trust worthy name in
minds of your clients?

How would you feel, if someone else is misusing your business name?

Or You found out that the name that you are using for your business is
actually registered with some other company

Even worst You work on your business for so many years to build brand
and loyalty in clients mind and you found out you are infringing a already
registered trademark of someone and you can not use that name for your
business here after !!! such a loss of time, efforts and costs

Would you like to avoid such devastating scenarios that can hurt your
businesses image and all the hard work you put going waste? Then you need to
look at protecting your business name, identity, brand, logo, image etc. This is
achieved by registering Trademark for your business.
A registered trademark is an important asset for a business used to protect the
company's investment in the brand or symbol.
If properly used and promoted, a Trademark becomes the most valuable asset of
a business. hence Trademark registration india

What is a trade mark?


In simple terms, trademark is a brand or logo which represents your business. A
visual symbol like a word signature, name, device, label, numerals or combination
of colors used by owner of the trademark for goods or services or other articles of
commerce to distinguish it from other similar goods or services originating from
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different businesses. A trademark can be a word, symbol, logo, brand name,


wrapper, packaging labels, tagline or a combination of these and are used by
manufacturers or service providers to identify their own products and/or services.
It is used to distinguish the owners products or services from those of its
competitors.

Example of trademarks: Coca cola and Pepsi are two trademarks from same
industry (beverages) which distinctly identifies source or origin of the goods as
well as an indication of quality.
Trademarks in India are registered by the Controller General of Patents Designs
and Trademarks, Ministry of Commerce and Industry, Government of India.
Trademarks are registered under the Trademark Act, 1999 and provide the
trademark owner the right to sue for damages when infringements of trademarks
occur.
However, any trademark, which is identical or deceptively similar to an existing
registered trademark or trademark for which application for registration has been
made, cannot be registered. Also trademark that would likely cause deception or
confusion or is offensive may not be registered.
Who can apply for trademark?
Any person which can be individual, company, proprietor or legal entity claiming
to be owner of the trademark can apply. The application for trademark can be
filed within few days and you can start using TM symbol. And the time required
for trademark registry to complete formalities is 8 to 24 months. You may use the
(Registered symbol) next to your trademark once your trademark is registered
and registration certificate is issued. Once registered a trademark is valid for 10
years from the date of filing, which can be renewed time to time.
functions of a trade mark are:
1. It identifies the service or product and its source
2. It guarantees its quality
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3. Advertisement of service of product

Different types of trademark:


1. A name (including personal or surname of the applicant or predecessor in
business or the signature of the person)
2. A coined word or an invented word or any arbitrary dictionary word or
words, not being directly descriptive of the character or quality of the
goods / service
3. alphanumeric or Letters or numerals or any combination thereof.
4. Image, symbol, monograms, 3 dimensional shapes, letters etc.
5. Sound marks in audio format
Documents required for filing a Trade Mark Application in India:

Trademark or logo copy

Applicant details like name, address and nationality and for company: the
state of incorporation

Goods or services to register

Date of first use of the trademark in India, if used by you prior to applying.

Power of attorney to be signed by the applicant in 100 Rs. stamp paper.

The procedure for registering trademark in India


Step 1: trademark search
(time: about 4 hours) Cost: Rs 0 to Rs. 500
This search is to check whether your business name or logo is similar to other
already registered trademarks. Generally trademark agent or attorney conducts
this search with the Trademark Office to check if there are any similar trademarks
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already registered under that particular class. There are two kinds of search:
online and offline. It is recommended that you get both the searches done. Once
found to be unique you can proceed to the next step:
Step 2: create trademark application
(time required: 2-3 days)
Based on the results of the search conducted, the trademark attorney will draft
trademark application, provided that your business name / logo found to be
unique. If someone already has the same or similar trademark, you need to
change yours. Or if you are of opinion that the trademark is rightfully yours and
you are using it since long time even before other party trademark registration.
You can start using symbol as soon as you file the form of trademark
application.
Step 3: trademark registration
(time 18 to 24 months) Cost: Government fees is Rs. 4000/- and trademark
attorney professional fees is Rs. 3000/- per application per class

The Trade marks office will first check your application to see if it's already
been taken. If it has, a trademark objection will be raised.
If it has no objection, it makes an advertisement in the Trade Marks
Journal.
If there is no opposition from other businesses in the next four months,
your trademark is registered around six months later.

Note: objections Dependent Costs Drafting legal response to objections can be


from Rs. 2000/- to Rs 5000 in order to overcome the objections and in case
hearing is required, the cost per hearing would depend upon the complexity of
the matter.
Steps you need to take to registration your trademark in India:
1. Select and authorize a trademark agent or attorney to represent you.
2. The trademark attorney conducts a search.
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3. Depending upon the results of the search, the trademark attorney will draft
your trademark application. In case someone already has the same or
similar trademark, you may have to change yours.
4. The trademark attorney will file your trademark application with the
Trademark Office and send you the receipt.
5. After a few days, the trademark attorney will send you the Original
Representation Sheet of your trademark as it has been filed with the
Trademark Office.
6. It can take anywhere between 18 months to 2 years for the Trademark
Office to decide whether or not to grant you the trademark; if there are
objections from the trademark office or from anyone else, it may take
longer. And your trademark is published in the Trademark Journal.
Why you need to consider registering trademark for your business

Even biggest businesses like coca-cola, Siemens, Apple protect their


business by means of trademark.

The trademark would be important asset for your business and contributes
to the goodwill generated.

With registered trademark you can stop others from using your
trademarked business name / logo etc with regards to goods or services it
is registered

Trademark can considered just like any other form of asset like real estate,
as it can be sold, licensed or assigned

It guarantees the identity of the origin of goods and services.

It stimulates further purchase.

It serves as a badge of loyalty and affiliation.

It may enable consumer to make a life style or fashion statement.

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For more questions and information or for trademark search, filing, opposition
and registering trademark in India click my trademark requirement .

What is Patent in India platform?


Company profile and Clients
It is a platform especially created for first time inventors and companies trying to
protect their intellectual property by Patents, trademarks or copyrights.
To give you a brief introduction, I am Prasad Karhad (link to Profile), a registered
Patent Agent India (IN/PA 2352) and I work with a leading Intellectual Property
consulting firm in India known as Khurana & Khurana, Advocates and IP
Attorneys (K&K). (see attachments link below for company profile and clientele)
This firm has team size of 65+ Intellectual property (IP) professionals including
patent agents, trademark agents and attorneys and has offices at Delhi, Mumbai,
Pune and Bangalore. we cater to client requirements on all forms of Intellectual
Property Rights (IPR) including Patents, Trademarks, Designs & Copyrights along
with Contract & Commercial Matters.
Clients of our company: about 2000+ clients including Google, Halliburton, ABB,
Hyundai, Liteon Corporation, FLSmidth, Knorr-Bremse, Mastercard, Fortinet,
Furuno Electric, Larsen & Toubro, Glenmark, Mylan, Haier, Duke University,
Manchester Metropolitan, National University of Singapore, among many others,
Based on the quality of our services and client satisfaction, we have been
recommended and ranked by Legal 500, IAM, Chambers, Managing IP & Asia IP.

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Attachments link:
https://drive.google.com/folderview?id=0B_Sx96QNKLeSmwwV2Myc3RnOUk&usp=sharing

How to start? or How to proceed from here ?


To proceed with your patent filing requirement, below are steps:
1. Non Disclosure Agreement: is attached with link above, it is already signed
from our end with signature from one of the partner of the firm. You need
to take a print, write your Name, address and sign at the last page. you can
send the photo copy or scan copy by email.
2. Invention Disclosure Form: attached with this email, you would be
answering about 15 questions about your invention to be protected by
patent, write answers in as detailed manner as possible. Include diagrams,
flowcharts and other relevant information that helps in explaining
invention. (diagrams could be hand drawn, we can finalize it at the time of
drafting patent application by experts)
Once we review the information sent, and would proceed with the project upon
your confirmation.
It takes about 5 days to complete Patentability search report. and about 2 weeks
for writing complete patent application.
Feel free to revert for more information or questions
at contact@patentinindia.com
Best Regards
Prasad Karhad
Registered Patent Agent India (IN/PA 2352)
Senior Patent Associate
Khurana & Khurana, Advocates and IP Attorneys| IIPRD
Noida (Delhi) . Pune . Mumbai . Bangalore
contact: 08055563001
Mobile: (+91) 8975533075
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Email: contact@patentinindia.com
http://patentinindia.com
Patent in India Platform
Pune office:
305, Shubhashree Society, Sr. No. 78/6 Opp. Kalamkar TVS showroom, Near
Balewadi Phata, Baner Road, Pune-411045 Maharashtra, India.
New Delhi Office:
E-13, UPSIDC, Site-IV, Behind-Grand Venice,
Kasna Road, Greater Noida 201310, UP,
National Capital Region, India.
Bangalore Office:
A-001, Nitesh Central Park, Opp. Astrazeneca Factory,
Near Bagalur Crossing, Off Bellary Road,
Bengaluru-560064 Karnataka,India.
Mumbai Office:
FA27, Lake City Center, Kapurbavdi Circle,
Thane (W), Greater Mumbai - 400607
Maharashtra, India.

Prasad Karhad
Registered Patent Agent India at link to Profile
Registered Patent Agent India (IN/PA 2352) with bachelors degree in electronics
and telecommunication engineering.
Working in patents and IPR field since 10 years. associated with leading
Intellectual Property firm in India called Khurana & Khurana, Advocates and IP
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Attorneys (K&K).
With team of 65+ Intellectual property (IP) professionals including patent agents,
trademark agents and attorneys and offices at Delhi, Mumbai, Pune and
Bangalore, Successfully helping inventors and businesses in securing their
Intellectual Property Rights (IPR) including Patents, Trademarks, Designs &
Copyrights along with Contract & Commercial Matters.
with more than 9000 visitors every month, Patent in India platform continues to
be leading patent consulting platform in India.

Recommended reading:
Provisional patent application is used when the inventor is not ready with the
invention completely and it provides about 12 months of time to complete the
work on invention however you can secure your idea with Indian Patent Office, as
you get receipt from government (patent office) with application number, title of
invention and date of filing. in this way you secure your idea and keep working on
it without any limitation. To know more about how you can protect your
invention even when you are not completely ready with it read this expert article
on when should I consider filing patent in India?
http://patentinindia.com/consider-filing-patent-india/
Cost of patent registration in India
how to patent an idea in India
patent registration in India
how to get patent in India
how to apply for patent in India
Cost required for getting patent
Do I have invention that can win patent
Why should I patent my invention
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patent procedure in India


Where can I apply for patent in India
patent agent India
patent filing procedure in India
Cost of filing patent in India
How to file patent outside India
How to get world patent
Freedom to Operate search- FTO
Making Money with my Patent
Documents Required for filing patent
Patent on my name or company name
Post your requirement related to patent

******

2016 Patent in India website http://patentinindia.com/