Provisional Patent Costs and Price Comparison in India

Introduction

In the world of ideas, patents play a crucial role. But how much does it cost to protect your invention, especially in India? Let's dive deep into the costs and price comparison of provisional patents in India.

Understanding Provisional Patents

What is a Provisional Patent?

A provisional patent is a temporary patent application that reserves an invention's patent rights. Essentially, it's like planting a flag on an unclaimed piece of land. But instead of land, it's an idea or invention.

The Importance of a Provisional Patent

Why bother with a provisional patent? It's all about securing your intellectual property early, and with less upfront investment. They provide a priority date and give the inventor a year to further develop, market, and secure funding for their invention.

The Cost of Provisional Patents in India

Securing a provisional patent in India requires an understanding of several types of fees, all of which can influence the overall cost of patenting your invention. These include government fees, professional fees, and other ancillary costs. It's important to take each of these into account when budgeting for a patent application.

Government Fees

The Indian Patent Office charges a standard fee for filing a provisional patent. The government fee for an individual, startup, or small entity is around ₹ 1,600, while for others (large entities), is ₹ 8,000.

	e-filing	Physical filing
Applicant is an Individual / Startup / Small entity	₹ 1,600	₹ 1,750
In all other cases	₹ 8,000	₹ 8,800

The above-mentioned provisional patent filing fee (government fees) includes the fee for up to 30 pages and 10 claims. Additional government fee of 160 / 800 is applicable for extra sheets over 30 and government fee of 320/800/1600 is applicable for claims over 10.

Professional Fees

Professional fees are the charges incurred for availing the services of a patent attorney or agent. These services include drafting the provisional patent application. The charges can vary significantly depending on the reputation, experience, and expertise of the professional. As a rough estimate, patent professionals might charge anywhere between INR 10,000 to INR 50,000 or more for their services related to provisional patents drafting and filing.

Additional Costs

Provisional patents require a complete specification to be filed within 12 months, which includes the complete details of the invention. Drafting the complete specification can also incur professional fees and additional government fees. In addition, if the invention requires any experiments or prototypes for explaining the invention or for data submission, this will add to the cost.

Additionally, if the initial patent application is rejected for any reason, there may be costs associated with revising and re-filing the application. It's important to budget for this potential expense.

Here on SuperQuote.xyz, we have listed some reliable service providers for filing provisional patents. You can compare their prices and costs quickly and choose a service provider which is the best fit for your requirement.

Price Comparison: Provisional vs Complete Patents

Time and Resources

Compared to complete patents, provisional patents require less time and resources. This makes them a cost-effective choice for inventors testing the waters.

Legal Protection

Although provisional patents don't provide the full legal protection of a complete patent, they do establish an important "priority date" that can protect your invention from other similar patent filings.

Future Costs

Keep in mind that a provisional patent is only the beginning. It must be followed by a complete patent application within a year, adding to the total cost.

How to Save Money When Filing a Provisional Patent

DIY Filing

If you're up for the task, DIY filing can save you on professional fees. However, it requires a significant amount of time and careful attention to detail.

Using a Patent Agent vs a Patent Lawyer

Patent agents typically charge less than patent lawyers. If your invention is less complex, you may not need the additional legal expertise a patent lawyer provides.

Steps involved in filing a Provisional patent in India

The process of filing a provisional patent in India includes the following steps:

• Sign a Non-Disclosure Agreement (NDA) – Before disclosing your invention to a patent law firm, please sign a Non-disclosure agreement (NDA). This is to ensure that the patent law firm will not disclose your invention to anyone else.
• Fill an Invention Disclosure Form (IDF) or discuss your invention -The standard practice in the industry is to request you to fill an IDF so that a patent expert can read about your invention, do some background reading and come up with a list of questions to clearly understand your invention. Filling the IDF makes it faster and better to understand the invention and create a robust provisional patent application. In case you are not comfortable to fill the IDF, you can also discuss your invention with the patent experts and many patent law firms also create provisional patent drafts based on the disclosure made during discussions without you needing to fill the IDF.
• Patent search (optional) – It is not mandatory to conduct a patent search prior to filing a provisional patent application but generally recommended. If the patent search can’t be conducted prior to the filing of the provisional patent application, it is still a good idea to conduct the search after the filing is done. The search will help to save a lot of patent-related costs in the future as it will provide a good indication of the chances of getting a patent grant.
• Provisional patent drafting – After you disclose your invention to a patent expert, they will create a first draft of the provisional patent based on your discussions with them. The first draft is like 80% complete. You are required to review the patent document to ensure that your invention is appropriately understood and described in the provisional patent draft. The drafting stage generally involves 1-3 rounds of iterations based on your feedback before the final provisional patent draft is finalized.
• Provisional patent filing – After the draft is finalized, the filing documents will be prepared and filed using the patent e-filing system.

Once the provisional patent application is filed, a complete patent specification has to be prepared and filed within 12 months. Subsequently, the patent application is examined & published before the final decision on a patent grant is taken by the examiner. For a detailed explanation, you can read the entire procedure for obtaining a patent in India.

Important facts and links about Patents in India

• Indian Patent office
• Conduct a free Indian patent search
• Patent application status check in India
• e-filing of patents in India – You need a digital signature for e-filing of patents.
• Registered Indian Patent agents
• Indian Patent Act
• Patent office phone numbers – +91-22-4101144 / 24159194 / 24112211 / 24159192

Conclusion

The cost of filing a provisional patent in India varies widely based on multiple factors. While it may seem like a daunting investment, it is a crucial step for protecting your invention. Make sure to weigh all your options and choose the one that best fits your circumstances.

FAQs

1. What is the average cost of filing a provisional patent in India? The average cost varies depending on the complexity of the patent and the type of the applicant but expect to budget between INR 25,000 to INR 45,000.

2. Do I need a lawyer to file a provisional patent? While not required, it can be beneficial to have a lawyer or patent agent assist in the process, especially for complex inventions.

3. How long does a provisional patent last in India? A provisional patent in India lasts for 12 months.

4. What happens after I file a provisional patent? You have a year to file a complete specification or non-provisional patent application.

5. Can I sell my invention after filing a provisional patent? Yes, you can sell your invention or idea after filing a provisional patent. However, you should seek legal advice before doing so.