PCT International Application Filing Procedure in India with India as a Receiving Office
Cost of filing Patent in India depends on many factors. There is no fixed cost for writing a patent as the patent expert has to calculate the number of hours required for writing patent application. However, the general patent cost for performing patentability search is between Rs. 25,000 to Rs. 35,000 depending upon the complexity of the invention. The cost of patent drafting and patent filing in India is about Rs. 45,000 ++. The cost fee for responding to office actions can vary depending upon the objections raised by the controller in the patent examination report.
Cost of filing Patent in India: International patent application is filed before WIPO and the patent application is known as international phase patent application. Generally, the patent applicant designate or elect patent office which it would like to enter his invention under national phase patent application. When INDIAN PATENT OFFICE is designated by the patent applicant he can enter India under national phase within 31 months from the priority date under PCT Article 22(3). While entering India translation of international patent application is required in English. The official patent fees is calculated for the English translated document of the patent.
Cost of filing Patent in India: Under PCT Article 22, the patent details should include description, and patent claims. If by any chance the patent claims are amended under the international patent phase then both copies which includes originally filed patent claims and amended set of patent claims, together with any statement made under PCT Article 19 has to be submitted to the patent attorney handling your patent filing in India.
Under PCT Article 39(1), the patent details should include invention description, a set of patent claims, any text matter of drawings, patent abstract has been amended has to filed along with original set. The amended copy should be in accordance with annexes to the international preliminary examination report.
Question: What is the cost of filing patent in India?
The Indian patent office accepts Indian rupees for filing a patent application. Foreign patent applicants have to hire Indian patent attorney to represent them before the Indian Patent Office. Official patent fees payment has to made along with the filing of form 1 and form 2 and the form should include the details of international patent application fild before WIPO. Mode of payment of patent official fees can be credit card for online patent filing or cash, cheque or by bank draft payable to the Controller of Patents at any accepted bank in India. Competent receiving office in India is the Patent office located at Kolkata, New Delhi, Chennai or Mumbai.
As strategic patent counsel, we work with clients in aligning the patent prosecution process with client’s core business strategies, in addition to drafting patent claims, patent application preparation and prosecution focused on securing patents, determining freedom-to-operate rights, and analysing validity of granted patents.
We serve as patent prosecution attorney for clients across a wide range of sectors, including, computer software, mobile applications, aeronautics, automobiles, internet of things, robotics, artificial intelligence, blockchain, cryptocurrency and drones, as well as manufacturers. In life science category, clients range from healthcare, biotechnology, pharmaceutical, energy and environmental industries.
As patent attorney with expertise in software patents and mobile app patents along with Internet of Things (IoT), we regularly advise clients to embody business methods as technology patents because a business method patent can serve as a powerful asset for companies to leverage their intellectual property assets. At the beginning of the patent process, we determine the patentability, scope and enforceability of the innovate process and product. Patent attorney also works with clients in securing patents for clean technology sector, including, green technology inventions, energy generation, conservation, renewable energy inventions, etc.
Patent attorneys generally possess dual qualification in technology and law, mostly with advanced degrees in technical fields such as pharmaceuticals, mathematics, chemistry, biochemistry, genetics and aeronautics. At Law Office of Rahul Dev — Tech Corp Law Group, we assist clients as a team of professionals having prior work experience in technical fields such as engineering and manufacturing, aerospace, robotics, plastics, computer software, biochemistry, molecular biology and neuroscience. Our core patent services include, patent research, patent analytics, patent searching, patent prosecution, non-infringement and freedom to operate opinions, technology transactions and licensing, as well as alternate dispute resolution and commercial litigation.
As licensed patent attorney, we represent clients during the entire patent registration process in India, including filing of patent applications and trademark applications. We advise clients regarding duration of a patent and a trademark, patent and trademark renewals, patent filing forms, patent filing fee, trademark filing forms, trademark filing fee, protecting process and product both by patents, protecting brand and logo both by trademarks, analysing patent portfolio for strength and weaknesses, etc.
Rahul Dev, Patent attorney in India, has conducted sessions for clients to convey the message that patent provides a strong protection for innovations, and having patent rights in India can help in resolving patent-related problems in addition to protection of intellectual property rights.
We work with clients to formulate a long-term patent strategy to protect the patentable inventions, drafting of patent applications, filing patent applications in India, initiating legal actions against patent infringing parties, along with developing custom-tailored solutions to complex patent and legal matters.
Law Office of Patent Attorney Rahul Dev provides comprehensive solutions to all intellectual property needs of clients, including patent filing services in India. We operate as a close network of patent attorneys, patent agents and patent lawyers enrolled with Indian patent office and bar councils in India.
We assist individual researchers and inventors who develop novel and inventive technologies by searching relevant prior art (patent database and non-patent literature), determining patentability of invention, drafting patent applications, filing domestic and international patent applications in India, filing design applications in India, filing trademark applications in India, providing offshore patent services to global patent attorneys and patent law firms, providing patent outsourcing services, and the like.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyerpracticing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter
Quoted in and contributed to 50+ national & international publications(Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech)
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Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
We represent our clients as leading patent lawyer in Gurgaon and patent attorney in Gurgaon for providing various patent services in India.