PATENT FILING IN INDIA

The Indian Government has made some drastic changes in its policies over the last few years. With more relaxation on the patentability of Computer Related Inventions (CRI) through recent guidelines in 2017, improved reliefs that litigants are getting through commercial courts, and speedier prosecution at the Indian Patent Office (IPO), there is a lot of promise that India is offering to foreign IP holders, which is being reflected in significantly increased filings in 2019 compared to earlier years.

In the coming years, the market size of India is expected to grow even faster, making India a strategic territory for patent filing. GPF, along with Khurana & Khurana, Advocates and IP Attorneys (K&K), has tremendous experience in dealing with patent filing/prosecution as per Indian Patent Laws and can assist you in filing patents in an efficient and hassle-free manner.

High Level Cost Estimate for Filing
Description
Price
Official Fee
$20
Attorney Fee
$250
Translation Fee
NA
Total
$270
Documents Required
  • Power of Attorney.
  • Declaration to be submitted by the Applicant/Inventor.
  • PCT Application Details/ Priority Application Details.
  • Fee Correspondence document.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in India as any of the following applications in English:

  • Paris Convention based national entry.

  • PCT National Phase based national entry.

2
STEP 2 : PUBLICATION

  • Ordinarily publication is done within 18 months of the priority date. Early publication can also be performed within 1 month of request.

3
STEP 3 : EXAMINATION

  • Request for examination has to be made within 48 months from the priority Date.

4
STEP 4 : PROSECUTION

  • Application is to be put in order for allowance within 6 months from the date of the First Examination Report (FER).

5
STEP 5 : GRANT

  • Annuity for the 3rd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.