The cost of applying international patents will depend on many parameters. The first important consideration is whether the patent applicant is an individual or filing international patent as business entity. The cost and fee structure of PCT before WIPO is almost four times the individual fees for the business entity.
Another very important factor is selection of international searching authority (ISA) by the patent applicant. If you have already filed and applied for patent for your invention in home country you can file a complete patent application with patent claims as international patent before WIPO, Geneva. Filing a PCT patent application will cost approximately $1500-USD 2500 depending upon the patent applicant status and selection of international searching authority (ISA). The PCT international patent provides the inventor with the legal right to enter international patent application in other countries under national phase for example in India: National Phase Patent Filling in India. So filing international patent in individual capacity can save cost for the international patent application.
Patent Research Attorney for Protecting Business Methods
Business method patent attorney will assist you understand how to protect business method by combining it with software application. A business method patent attorney is a technology lawyer & patent attorney manages the intellectual property practice at the law firm by focusing on strategic patent prosecution, drafting enforceable patent claims, writing local and international patent applications, patent counselling, patent portfolio management, and patent litigation, in the field of computer engineering, communications, and software technologies.
The patent projects begin by conducting patent prior art search, analysing patent eligibility by performing patentability analysis, drafting of the patent application, filing of parent patent application, filing PCT applications under International Phase and National Phase, responding to objections raised by patent offices, conducting patent hearings and drafting legal agreements and contracts in the business industry.
Computer Hardware and Software Inventions: Computer related Inventions (CRIs) Protection by filing Patents
Computer Hardware and Software Inventions can be patented subject to certain conditions. Among all intellectual property (IP) services in India, patent filing in India is most sought after specially in the case of technologies and innovations pertaining to computer hardware, software and other computer related inventions (CRIs). As per Indian Patent Office, patents are filed in India for innovations involving multiple aspects, such as, computers, computer systems, computer networks, computer related inventions (CRIs), computer hardware and software inventions, data processing systems, data processing methods, information technology, database creation, database processing, database management, software, functions, computer programs, firmware, embedded systems, technical effects and technical advancements.
After performing patent search and analyzing patent search results related to computer hardware and software inventions, it can be seen that most patents filed with patent claims defining computer hardware and software inventions can be categorized into method claims or process claims, apparatus or system claims, computer readable medium claims, or patent claims that are drafted to define a computer program product.
Indian Patent Office Procedure: Patent Examination Request in India
After filing a patent in India for computer related inventions (CRIs), computer hardware, and computer software, the provisions of Indian Patents Act requires the patent applicant to file a request for patent examination, following which the patent will be examined by the Indian Patent Office. The request for patent examination in India can be filed via Form 18 under e-filing mode or physical filing mode. The official fee to file Form 18 for patent examination request under patent e-filing mode is INR 4000, INR 10,000 and INR 20,000 for a natural person (individual patent applicant), a small entity and a legal entity respectively. For physical filing mode, official fee to file examination request vide Form 18 with the Indian patent office, the official fee is INR 4400, INR 11,000 and INR 22,000 respectively.
Patent Examination Procedure in India
After filing of patent examination request for patent applications relating to computer hardware, computer software and computer related inventions (CRIs), computer hardware and software inventions, the patent office examines the patent claims for patent eligibility or patentability, including novelty, inventive step (non-obviousness), and industrial application.
Non-Patentable Subject Matter in India
Section 3 of Indian Patents Act
In addition, the patent examiner also examines the patent claims under the subject matter of non-patentable inventions, specifically section 3(k) of the Indian Patents Act, wherein business methods and software per se are not patentable under the Indian patent laws. This implies that source code of software cannot be patented in India, and the patent laws only allow innovations satisfying the criteria of patentability to be registered as patents in India.
Software Patents in India – Best Practices
Software patent attorneys in India having expertise in patent searching, patent drafting and patent filing generally follow best practices for handling computer related patent matters, and computer hardware and software inventions in India. Patent lawyers and patent law firms in India handle all stages of patent process efficiently, including patent filing and registration, PCT National Phase Application Filing, and Patent Prosecution before the Indian patent office.
5 steps to obtain Patent in India for computer hardware and software inventions
The following 5 steps can be followed in India to obtain and register patents in five steps:
- Conduct a patent prior art search to see if the invention has potential to withstand the test of patent eligibility.
- Draft a strong patent application with comprehensive and enforceable patent claims
- File patent application in India, PCT international phase patent application with WIPO and PCT National Phase Application in multiple countries.
- Track patent examination process and understand objections raised by the patent examiner while issuing patent examination report, or first examination report (FER).
- Respond to objections properly and ensure timely compliance to proceed the patent towards registration stage and obtain patent registration certificate from the Indian patent office.
- How are software patents granted in India?
- Does Indian patent law allow software patents?
- How to apply for software patent in India?
- How to patent a software in India?
- How to patent a mobile application in India?
- What are the examples of software patents in India?
- What is a Provisional Patent Application?
- What are advantages of Filing a Provisional Patent Application?
- How can Patent Search help in determining Patentability of Invention?
- What is the meaning of Patent Pending Status?