PCT National Phase Patent in India | Official Fee Chart | US Dollars

We offer the below mentioned attorney fee options

The fee shown below in United States Dollars may not be accurate due to currency rate fluctuations. We charge fee based on the actual currency rate of the day. The fee you end up paying would therefore be lower than what is presented below.

Fee for filing a new patent application

On application for a patent under sections 7, 54 or 135 and rule 20(1) accompanied by provisional or complete specification

This provision covers the filing of a new patent application — whether an ordinary application (Section 7), a patent of addition (Section 54), or a convention application (Section 135) — accompanied by either a provisional or complete specification, as governed by Rule 20(1) of the Indian Patents Rules, 2003.

Fee for number of pages over 30

For each sheet of specification in addition to 30, excluding sequence listing of nucleotides and/or amino acid sequences under sub-rule (3) of rule

This provision covers the additional fee payable for every sheet of a patent specification exceeding 30 pages, excluding any sequence listings of nucleotides or amino acids, as specified under Rule 9(3) of the Indian Patents Rules, 2003.

Fee for number of claims over 10

For each claim in addition to 10

This provision covers the additional fee payable for every patent claim exceeding ten claims in a patent application, as prescribed under the Indian Patents Rules, 2003.

Fee for each page of sequence listing

For each page of sequence listing of nucleotides and/or amino acid sequences under sub-rule (3) of rule (9).

This provision covers the fee payable for every page of sequence listings of nucleotides and/or amino acid sequences included in a patent specification, as specified under Rule 9(3) of the Indian Patents Rules, 2003.

Fee for extension of time

On request for extension of time under sections 53(2) and 142(4), rules 13(6), 80(1A) and 130 (per month)

This provision covers the fee for requesting an extension of time (per month) to complete certain actions under the Patents Act — such as late payment of renewal fees, filing translations, or fulfilling procedural requirements as allowed under Sections 53(2) and 142(4) and Rules 13(6), 80(1A), and 130 of the Indian Patents Rules, 2003.

On request for extension of time or condonation of delay (per month) under sub-rule (4) of rule 12 or sub-rule (2) or rule 131.

This provision covers the fee for seeking an extension of time or condonation of delay (per month) for late submission or recording of documents, statements, or ownership changes related to a patent application or granted patent, as permitted under Rule 12(4) and Rule 131(2) of the Indian Patents Rules, 2003.

On request for extension of time under sub-rule (6) of rule 24B (per month).

This provision covers the fee for requesting an extension of time (per month) to file a response to the First Examination Report (FER) in a patent application, as allowed under Rule 24B(6) of the Indian Patents Rules, 2003.

On request for extension of time under sub-rule (11) of rule 24C (per month).

This provision covers the fee for requesting an extension of time (per month) to submit a response to the First Examination Report in an expedited patent examination, as provided under Rule 24C(11) of the Indian Patents Rules, 2003.

On request for extension of time under rule 138 (per month).

This provision covers the fee for requesting an extension of time (per month) for performing any act or taking any proceeding under the Patents Rules, where such extension is not otherwise specifically provided, as permitted under Rule 138 of the Indian Patents Rules, 2003.

Fee for an application for postdating.

On application for postdating.

This provision covers the fee for requesting postdating of a patent application, i.e., changing the application’s filing date to a later date (within the permissible limit), as allowed under the Indian Patents Act, 1970 and Rules, 2003.

Fee to delete a reference to another patent

On application for deletion of reference under section 19(2).

This provision covers the fee for applying to delete a reference to another patent or application that the Controller has cited in the search or examination report, as permitted under Section 19(2) of the Indian Patents Act, 1970.

Fee for making a claim of patent rights

On application for deletion of reference under section 19(2).

This provision covers the fee for making a claim of patent rights by virtue of an assignment or agreement before the patent is granted, as provided under Section 20(1) of the Indian Patents Act, 1970.

Fee for requesting the Controller’s direction

On request for direction under section 20 (4) or 20(5).

This provision covers the fee for requesting the Controller’s direction regarding disputes or issues in the transfer of patent rights or applications, as provided under Sections 20(4) and 20(5) of the Indian Patents Act, 1970.

Fee for filing a post-grant opposition notice

On notice of opposition to grant of patent under section 25(2);

This provision covers the fee for filing a post-grant opposition notice challenging the grant of a patent on specified legal grounds, as provided under Section 25(2) of the Indian Patents Act, 1970.

Fee for filing a pre-grant representation against the publication

On filing representation opposing grant of patent under section 25(1).

This provision covers the fee for filing a pre-grant opposition (representation) against the publication of a patent application, as permitted under Section 25(1) of the Indian Patents Act, 1970.

Fee giving notice of intention to attend a hearing

On giving notice that hearing before Controller shall be attended under rule 62(2).

This provision covers the fee for giving notice of intention to attend a hearing before the Controller, as required under Rule 62(2) of the Indian Patents Rules, 2003.

Fee to correct the name of a person as an inventor

On application under sections 28(3) or 28(7).

This provision covers the fee for applying to mention or correct the name of a person as an inventor in a patent application or granted patent, as provided under Sections 28(3) and 28(7) of the Indian Patents Act, 1970.

Fee for obtaining a Certificate of Inventorship

Certificate of inventorship under rule 70A.

This provision covers the fee for obtaining a Certificate of Inventorship from the Patent Office, confirming official recognition of the inventor’s contribution, as provided under Rule 70A of the Indian Patents Rules, 2003.

Fee for requesting early publication of a patent application

Request for publication under section 11A(2) and rule 24A.

This provision covers the fee for requesting early publication of a patent application before the expiry of the normal 18-month period, as permitted under Section 11A(2) and Rule 24A of the Indian Patents Rules, 2003.

Fee for applying to amend a granted patent

On application under section 44 for amendment of patent.

This provision covers the fee for applying to amend the specification, claims, or drawings of a granted patent, as permitted under Section 44 of the Indian Patents Act, 1970.

Fee for requesting the Controller’s directions on interests over a patent

On application for directions under section 51(1) or 51(2).

This provision covers the fee for requesting the Controller’s directions regarding disputes or issues in patent co-ownership or assignment of interests, as provided under Sections 51(1) and 51(2) of the Indian Patents Act, 1970.

Fee for requesting the grant of a patent following the Controller’s decision

On request for grant of a patent under sections 26(1) and 52(2).

This provision covers the fee for requesting the grant of a patent following the Controller’s decision in cases of opposition or anticipation, as provided under Sections 26(1) and 52(2) of the Indian Patents Act, 1970.

Fee for conversion of a patent of addition into an independent patent

On request for converting a patent of addition to an independent patent under section 55 (1).

This provision covers the fee for requesting conversion of a patent of addition into an independent patent, as permitted under Section 55(1) of the Indian Patents Act, 1970.

Fee for amendment of a patent application

On On application for amendment of application for patent or complete specification or other related documents under section 57 ~ before grant

This provision covers the fee for applying to amend a patent application, complete specification, or related documents, as permitted under Section 57 of the Indian Patents Act, 1970.

~ After grant

Where amendment is for changing name or address or nationality or address for service.

This provision covers the fee for requesting an amendment to update the applicant’s or patentee’s name, address, nationality, or address for service in the patent records.

Fee for filing a notice of opposition

On notice of opposition to an application under sections 57(4), 61(1) and 87(2) or to surrender a patent under section 63(3) or to a request under section 78(5).

This provision covers the fee for filing a notice of opposition to actions such as amendment, restoration, or surrender of a patent, or correction of the register, as provided under Sections 57(4), 61(1), 63(3), 78(5), and 87(2) of the Indian Patents Act, 1970.

Fee for restoration of a patent

On application for restoration of a patent under section 60.

This provision covers the fee for applying to restore a lapsed patent that has ceased due to non-payment of renewal fees, as permitted under Section 60 of the Indian Patents Act, 1970.

Additional fee for restoration of a patent

Additional fee for restoration under section 61(3) and rule 86(1).

This provision covers the additional fee payable upon restoration of a lapsed patent, after the Controller allows the restoration application, as required under Section 61(3) and Rule 86(1) of the Indian Patents Rules, 2003.

Fee to record changes in patent ownership or interests

On application for the entry in the register of patents of the name of a person entitled to a patent or as a share or as a mortgage or as licensee or as otherwise or for the entry in the register of patents of notification of a document under sections 69(1) or 69(2) and rules 90(1) or 90(2).

This provision covers the fee for applying to record changes in patent ownership or interests such as assignment, share, mortgage, licence, or other rights or for notifying related documents in the Register of Patents, as provided under Sections 69(1) and 69(2) and Rules 90(1) and 90(2) of the Indian Patents Rules, 2003.

Fee requesting alteration or correction of an existing entry

On application for alteration of an entry in the register of patents or register of patent agents under rules 94(1) or rule 118(1).

This provision covers the fee for requesting alteration or correction of an existing entry in either the Register of Patents or the Register of Patent Agents, as provided under Rules 94(1) and 118(1) of the Indian Patents Rules, 2003.

Fee requesting the entry of an additional address for service

On request for entry of an additional address for service in the Register of Patents under rule 94(3).

This provision covers the fee for requesting the entry of an additional address for service in the Register of Patents, as permitted under Rule 94(3) of the Indian Patents Rules, 2003.

Fee for applying for a compulsory licence

On application for compulsory license under sections 84(1), 91(1), 92(1) and 92A.

This provision covers the fee for applying for a compulsory licence to manufacture, use, or sell a patented invention without the patentee’s consent, in circumstances such as public interest, non-working, or export of pharmaceuticals, as provided under Sections 84(1), 91(1), 92(1), and 92A of the Indian Patents Act, 1970.

Fee for filing a request for examination of a patent application

On request for examination of application for patent— (i) under section 11B and rule 24(1)

This provision covers the fee for filing a request for examination of a patent application, initiating the substantive examination process by the Patent Office, as required under Section 11B and Rule 24(1) of the Indian Patents Rules, 2003.

On request for examination of application for patent— under rule 20(4)(ii).

This provision covers the fee for requesting examination of a patent application filed through the PCT (national phase entry), as required under Rule 20(4)(ii) of the Indian Patents Rules, 2003.

Fee for requesting either expedited or deferred (delayed) examination

On request for expedited or delayed examination of application for patent under rule 24C.

This provision covers the fee for requesting either expedited or deferred (delayed) examination of a patent application, as provided under Rule 24C of the Indian Patents Rules, 2003.

Fee for converting a examination request to expedited or delayed examination

Conversion of the request for examination filed under rule 24B to request for expedited or delayed examination under rule 24C.

This provision covers the fee for converting a previously filed ordinary examination request (under Rule 24B) into a request for expedited or delayed examination, as permitted under Rule 24C of the Indian Patents Rules, 2003.

Fee for applying for revocation of a patent

On application for revocation of a patent under section 85(1).

This provision covers the fee for applying for revocation of a patent on grounds such as non-working or failure to meet reasonable public requirements, as provided under Section 85(1) of the Indian Patents Act, 1970.

Fee to revise the terms of a previously granted compulsory licence

On application for revision of terms and conditions of licence under section 88(4).

This provision covers the fee for applying to revise or modify the terms and conditions of a previously granted compulsory licence, as permitted under Section 88(4) of the Indian Patents Act, 1970.

Fee for requesting termination of an existing compulsory licence

On request for termination of compulsory licence under section 94.

This provision covers the fee for requesting termination of an existing compulsory licence when the circumstances that justified its grant no longer exist, as provided under Section 94 of the Indian Patents Act, 1970.

Fee for applying for registration as a Patent Agent

On application for registration as a patent agent under rule 109(1) or rule 112.

This provision covers the fee for applying for registration as a Patent Agent, either after passing the qualifying examination or through other eligible routes, as provided under Rules 109(1) and 112 of the Indian Patents Rules, 2003.

Fee for appearing in the patent agent qualifying examination

On request for appearing in the qualifying examination under rule 109(3).

This provision covers the fee for requesting permission to appear in the Patent Agent qualifying examination, as required under Rule 109(3) of the Indian Patents Rules, 2003.

Fee to enter name in the Register of Patent Agents

For continuance of the name of a person in the register of patent agents

This provision covers the fee for maintaining a newly registered Patent Agent’s name in the Register of Patent Agents, payable at the time of registration and on 1st April every year.

Fee for obtaining a duplicate Patent Agent certificate

On application for duplicate certificate of patent agent under rule 111A.

This provision covers the fee for obtaining a duplicate Patent Agent certificate in case the original is lost, destroyed, or damaged, as provided under Rule 111A of the Indian Patents Rules, 2003.

Fee for applying to restore a Patent Agent

On application for restoration of the name of a person in the register of patent agents under rule 117(1).

This provision covers the fee for applying to restore a Patent Agent’s name to the Register of Patent Agents after it has been removed for non-payment of continuation fees or other reasons, as provided under Rule 117(1) of the Indian Patents Rules, 2003.

Fee requesting correction of a clerical or typographical error in a patent application

On a request for correction of clerical error under section 78(2).

This provision covers the fee for requesting correction of a clerical or typographical error in a patent, application, or related document, as permitted under Section 78(2) of the Indian Patents Act, 1970.

Fee for review or setting aside the decision or order of the controller

On application for review or setting aside the decision or order of the controller under section 77(1)(f) or 77(1)(g).

This provision covers the fee for applying for a review of, or to set aside, a decision or order made by the Controller, as provided under Sections 77(1)(f) and 77(1)(g) of the Indian Patents Act, 1970.

Fee for requesting permission to file a patent application outside India

On application for permission for applying patent outside India under section 39 and rule 71(1).

This provision covers the fee for requesting permission to file a patent application outside India for an invention made in India, as required under Section 39 and Rule 71(1) of the Indian Patents Rules, 2003.

Fee for obtaining a duplicate patent certificate

On application for duplicate patent under section 154 and rule 132.

This provision covers the fee for obtaining a duplicate patent certificate when the original has been lost, destroyed, or damaged, as provided under Section 154 and Rule 132 of the Indian Patents Rules, 2003.

Fee for obtaining certified copies

On request for certified copies under section 72 or for certificate under section 147 and rule 133(1).

This provision covers the fee for obtaining certified copies of patent documents or official certificates from the Patent Office, as provided under Sections 72 and 147 and Rule 133(1) of the Indian Patents Rules, 2003.

On request for certified copies under section 72 or for certificate under section 147 and rule 133(2).

This provision covers the fee for expedited issuance of certified copies of patent documents or official certificates, as provided under Sections 72 and 147 and Rule 133(2) of the Indian Patents Rules, 2003.

For certifying office copies, printed each.

This provision covers the fee for certifying each printed office copy of patent documents or records issued by the Patent Office.

Fee for requesting inspection of the Register of Patents

On request for inspection of register under section 72, inspection under rule 27 or rule 74A.

This provision covers the fee for requesting inspection of the Register of Patents or related documents and records maintained by the Patent Office, as provided under Section 72, Rule 27, and Rule 74A of the Indian Patents Rules, 2003.

Fee requesting official information or extracts from the Patent Office records

On request for information under section 153 and rule 134.

This provision covers the fee for requesting official information or extracts from the Patent Office records, as permitted under Section 153 and Rule 134 of the Indian Patents Rules, 2003.

Fee for filing a general petition or request to the Controller

On petition not otherwise provided for.

This provision covers the fee for filing a general petition or request to the Controller in matters where no specific fee or provision is prescribed under the Indian Patents Act or Rules.

Fee for obtaining photocopies of patent-related documents

For supplying of photocopies of the documents, per page.

This provision covers the fee for obtaining photocopies of patent-related documents or records from the Patent Office, charged per page.

Fee for transmitting an international patent application

Transmittal fee for international application.

This provision covers the fee payable to the Indian Patent Office for transmitting an international patent application filed under the Patent Cooperation Treaty (PCT) to the World Intellectual Property Organization (WIPO) as the receiving office.

Fee for preparing a certified copy of the priority documents

For preparation of certified copy of priority document and for transmission of the same to the International Bureau of World Intellectual Property Organization.

This provision covers the fee for preparing a certified copy of the priority document and transmitting it to the WIPO International Bureau for use in an international (PCT) patent application.

Fee requesting an adjournment of a hearing before the Controller

Request for adjournment of hearing under rule 129A (for each adjournment).

This provision covers the fee for requesting an adjournment or postponement of a scheduled hearing before the Controller, as permitted under Rule 129A of the Indian Patents Rules, 2003.

Fee for Grace period.

Grace period.

This provision covers the allowable period after the due date during which an applicant or patentee can perform a required act (such as fee payment) without loss of rights, subject to payment of any prescribed surcharge or extension fee.

Action based attorney fee for a Patent in India

The above fee would be applicable for an application which does not face a third party opposition. Opposition proceedings are uncertain in degree and complexity, so a fee for these can not be predicted.

Patent attorney in India

I, Mahesh Bhagnari, am the Managing Principal of the firm:

• I am an Attorney at Law with Bar Council Registration № MAH/1574/2003.
• I am licensed to practice at the Intellectual Property Office as a Patent attorney in India and Design attorney in India with Registration № IN PA 1108.
• I am licensed to practice as a Trademark attorney in India with Registration № 10742.
• I have more than twenty years of professional experience working in the field of Intellectual property.