Application for a Patent in India can be made in form 1 along with provisional or complete specification in form 2. The fees for making a patent application in India is INR 1000 for Individual and INR 4000 for a legal entity. However an additional fees is charged by Indian Patent office for any excess pages over 30 (100/400 per page) and excess claims over 10 (200/800 per claim).
Documents needed to file a patent in India
The Patent application in India can be filed with following documents
for grant of patent in Form-1.
- A proof of right to file the application from the inventor. The
Proof of Right is either an endorsement at the end of the Application Form-1 or
a separate assignment.
- Provisional or complete specification in Form-2 along with the fees.
and undertaking under Section 8 in Form-3, if applicable. (Can be filed with the application or within 6 months from the date of application.)
as to inventorship in Form 5
of authority in Form-26, if filed through a Patent Agent. The power of attorney for Indian patent application can be filed later but the application will not be examined if the POA isnot filed.
document is required in the following cases:
Application (under Paris Convention).
National Phase Application wherein requirements of Rule 17.1(a or b) of
regulations made under the PCT have not been fulfilled. The
priority document may be filed along with the application or before the expiry
of eighteen months from the date of priority, so as to enable publication of
the application. In case of a request for early publication, the
priority document shall be filed before/along with such request.