Patenting a product is not only a legal process but also a financial commitment. Every stage in the patent journey from the initial search to filing, examination, and maintenance involves a cost. This article will help you understand how much it costs to patent a product in India, and where that money goes.
A patent is a type of legal protection given to an inventor, giving them full rights to make, use, or sell their invention for a certain time. In India, the overall obtaining a patent can range from ₹25,000 to ₹1,00,000 or more, depending on various factors such as the type of applicant, the complexity of the invention, and whether professional services are involved.
What Affects the Patent Cost ?
When we talk about the cost of patenting, there are plenty of factors that influence the cost of the patent. Like Type of Patent, Complexity of the Invention, Government Fees, Professional Fees, Number of Claims and Pages, Number of Rejections and Responses, and Type of Applicant. In India, applicants are categorized into: Individuals or Startups, MSMEs (Micro, Small, and Medium Enterprises), and large Companies or Entities
Patent cost in India
In India, patent cost typically range from ₹25,000 to ₹1,00,000, depending on various factors. This amount includes government fees, professional attorney charges, and maintenance fees. One of the biggest factors influencing the final cost is the type of applicant, as the Indian government charges different fees for individuals, startups, and companies. Another major part of the cost goes to legal or patent firms, since the patent filing process is complex and often requires expert guidance that most applicants cannot handle on their own.
Understanding the Different Types of Patents
The type of patent is the same as the type of protection you seek—whether it’s for a product’s function, appearance, or even a living organism- has a major impact on the cost. The three most common types of patents are Utility, Design, and Plant patents, and all three have different levels of complexity and fees required.
Utility patent
A utility patent protects the functional aspects of an invention—workability, usability, or its construction. It includes devices, methods, computer programs, equipment, or chemical formulations.
Estimated cost: ₹25,000 to ₹1,00,000+ (India) depending on complexity and legal assistance.
Plant patent
A plant patent is granted for inventing or discovering a new, asexually reproduced plant variety, such as unique flowers, fruits, or shrubs. It gives full control to the innovator.
Estimated cost: $4,000 to $8,000 (mostly applicable in the U.S.; plant patents are not common in India under patent law but may fall under plant variety protection).
Design Patent
A design patent protects the visual appearance or aesthetic design of a product, not its function. It covers inventions such as mechanical systems, procedures, digital applications, instruments, or material compounds..
Estimated cost: ₹8,000 to ₹25,000 (India) as it involves fewer technical details and usually lower legal complexity.
complexity of an innovation
The complexity of an innovation directly influences the cost of obtaining a patent. More complex inventions require detailed drafting, in-depth prior searches, and careful claim structuring, all of which increase professional fees. They are also more likely to face objections during examination, leading to higher prosecution costs. Overall, the more technical and intricate the invention, the greater the time, expertise, and expense involved in securing patent protection.
Patent Application Fees for Startups, MSMEs, and Companies
Government fees are different for each category. Additionally, the length of the application (number of pages and claims), the need for legal expertise, and the choice between provisional and complete filing also influence the total expense.
Patent costs usually include three main components:
- Official Fees – Paid to the government for filing, examination, and other formalities.
- Professional Fees – Paid to a patent agent or IPR firm for drafting, filing, responding to examination reports, and handling the entire process.
- In India government changes different fees from accordly different patent applications.
- For individuals and startups, the government charges the lowest fee. If a startup has valid DPIIT registration, the total official fee is approximately ₹5,600.
- For MSMEs, a valid Udyam or MSME registration is required to claim the reduced fees. The total government fee also comes to around ₹5,600.
- For large companies or entities, the government fees are significantly higher. Depending on the number of pages, claims, and requests, the official fee may go up to approximately ₹28,000.
It’s important to note that these estimates assume a standard application of up to 30 pages and 10 claims, which is the limit under the basic fee structure.
Professional Charges: Patent Agent and Attorney Fees
While the government fees are relatively modest, professional fees make up the major portion of patenting costs. That’s because patent filing require both technical expertise and legal knowledge, especially if the invention is complex or involves cutting-edge technology.
Hiring a registered patent agent or an experienced IPR firm is highly recommended to avoid delays or rejections. These professionals help with:
- Drafting high-quality patent specifications
- Filing the correct forms and documents
- Responding to examination reports and legal objections
- Attending hearings (if required)
Depending on the provider and the type of service plan, professional fees can range from ₹10,000 to ₹75,000 or more across the full lifecycle of the patent.
How the Number of Claims and Pages Affects Patent Filing Costs
When filing a patent, the number of claims and total pages in your application can significantly affect the overall cost. That’s because patent offices, including the Indian Patent Office, charge additional fees if your application exceeds certain limits.
1. Number of Claims
The number of claims in a patent application determines the breadth of protection granted. In India, up to 10 claims are allowed under the basic filing fee. If the application includes more than 10 claims, additional government fees apply for each extra claim. Since more claims also mean more detailed legal drafting and greater examination effort, professional charges by patent agents or attorneys also increase accordingly.
Additional claims = higher government fee + increased attorney drafting
2. Number of Pages
Patent applications typically include descriptions, drawings, examples, and claims. The Indian Patent Office allows up to 30 pages within the standard fee. If your application exceeds this limit, you’ll need to pay extra fees per additional page. Longer applications also require more drafting time and review, which leads to higher professional service costs along with increased government fees.
More pages = higher filing fee + more drafting time = increased professional cost.
How the Number of Rejections and Responses Affects Patent Filing Costs
After a patent application is filed and examined, it often receives one or more examination reports (also called First Examination Reports or FERs) containing objections or rejections. Each time an objection is raised, the applicant must prepare and file a detailed written response, which may include legal arguments, technical clarifications, or amendments to the claims. The more rejections an application faces, the more responses need to be drafted and submitted, each requiring time, expertise, and legal review. This directly increases the professional fees charged by patent attorneys or agents. In some cases, multiple rounds of objections may also require hearings or post-hearing submissions, further adding to the cost. So, the more rejections your application gets, the higher the overall cost of the patent process becomes.