Patent India

      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

  1. Application for grant of patent in Form-1.
  2. 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.
  3. Provisional  or complete specification in Form-2 along with the fees.
  4. Statement 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.)  
  5. Declaration as to inventorship in Form 5 
  6. Power 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.
  7. Priority document is required in the following cases:
  • Convention Application (under Paris Convention). 
  • PCT 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.

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