1. How is the official fee for a patent application in India calculated?
The official fee is calculated based on:
– the type of applicant,
– number of priorities (additional fee for each priority above 1),
– the total number of pages (additional fee for each age above 30) and
– the number of claims in the application (additional fee for each claim above 30)
To calculate the applicable official fee, please check the Patent Fee Calculator provided on our website www.obhanandassociates.com.
2. Can extra claim fee or extra sheet fee be paid subsequent to the filing of the patent application in India?
No, all extra fees including fees for extra claims, pages or priorities are required to be paid at the time of filing of the patent application in India.
3. Can fee for Request for Examination be paid after filing of the patent application in India?
Yes. The fee for Request for Examination can be paid at any time within 48 months from the earliest filing date (priority date). However, it is generally advisable to file the request for examination along with the application for faster examination of the patent application.
4. Are there any fee reductions for filing a patent application in India?
An applicant can claim 75% reduction in official fee if the applicant falls in any of the following category:
a) one or more natural person(s)
b) one or more a start-up(s)
c) one of more small entity(ies).
To calculate the applicable official fee, please check the Patent Fee Calculator provided on our website, www.obhanandassociates.com.
5. Can the fee reduction be claimed if an application, originally filed by one or more natural person(s) or a start-up(s) or a small entity(ies), is subsequently transferred to a large entity?
No, the fee must be paid in accordance with the entity status of the new assignee. Additionally, the difference in official fee chargeable from the new assignee and that charged earlier, if any, must also be paid.
6. Is the difference in official fee payable if the applicant ceases to be a start-up or a small entity?
Where a start-up or small entity, having filed an application for a patent, ceases to be a start-up or small entity due to the lapse of the period during which it is recognized by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable.