PATENT FILING IN INDIA

Indian Government has made some drastic changes in its policies over the last few years. With more relaxation on 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 2017 compared to earlier years. In coming years, market size of India is expected to grow even faster, making India a strategic territory for Patent Filing.GPF along with Khurana and 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 the patents in an efficient and hassle free manner.

High Level Cost Estimate for Filing
Description
Price
Official Fee
$127
Attorney Fee
$200
Translation Fee
NA
Total
$327
Documents Required
  • Proof of Right (Executed Form 1 or Assignment Deed)
  • Power of Attorney (PoA)
  • English Translation of the Priority/PCT Document (if not in English)
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 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 First Examination Report (FER).

 

5
STEP 5 : GRANT

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