Procedure and cost for getting a patent in India

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Step 1: Patentability Search

A patentability search is performed to know if an invention similar to your invention existed or not. If the invention is found to be new then the patent application process can be started. A patentability search is an optional step but is highly recommended.

Before applying for a patent, It is advisable to perform a patentability search to know if the invention is patentable or not. A patent can be only be granted if the invention is Novel i.e. New.

Patentability search will provide a patentability report which discusses existing prior arts i.e. other similar inventions in your domain. It helps in understanding the scope of the invention and good patent searches can prevent the expenditure of money on patent applications for inventions that are not patentable. They can also improve the quality of any patent application that is written on the invention.

The cost of the patentability search is 10000 INR.

Step 2: Drafting of Patent Specification

Patent application either Provisional or Complete application is drafted by us and submitted to the patent office after your approval.

A provisional application is drafted when the invention is not complete yet and inventors expect the invention to be completed in the future but want to protect the invention in the meantime. There are 12 months of time available for the inventor to file a complete application after filing a provisional application.

The cost of drafting and filing a complete application is 20000 INR

Step 3: Publication of Patent Application

A patent application is published automatically after 18 months of its filing. However, an applicant can pay additional fees (2500) to get the application published in 1 month after making the payment. Requesting an early publication is advisable when the applicant of the patent wants to get the patent granted at the earliest.

Step 4: Examination of Patent Application

The patent application is examined by the examiner and an examination report is provided by them which has their objections (if any). The patent application is examined for Novelty I,.e. if the invention is new or not, Inventive step i.e. if the invention is of nature which an ordinary person skilled in the art would have thought of, Industrial Applicability i.e. if the invention is capable of making or making use in the industry. The examiner’s report has to be responded to within 6 months of its date of issue.

Step 5: Responding to Patent Examination Report

have to respond to these objections and request a hearing.