How to patent an idea in India? How much would it cost?

  • September 04, 2018
  • Dushyant Sharma
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If you have an idea and you can put this idea on to a piece of paper and provide that the idea can actually evolve into a full blown working invention, you can patent it as well. However, this matter falls under design patent as well. Furthermore, there are also costs associated with the entire procedure. Therefore, the focus of this blog is going to be to provide you with the answer to the questions- how to patent and Idea and how much would it cost?

The process of patenting an idea:

If you want to patent your invention or the idea of that invention, you can do so by going through the patent registration process in India. This process is pretty straightforward to understand. However, it entails a lot of time. But I digress, let us discuss about the process associated with it first:

1. Draft your idea on a piece of paper: if you have an idea, you need to make sure that it is presentable. To that end, grab a piece of paper and present your idea on it as comprehensively as possible. This writing will entail things like the following:

  • Area of invention
  • What is the purpose of the idea?
  • Description of the idea  along with
  • Why is the idea useful?
  • What are its advantages?

Now, you can put the above list in any order. However, when you are putting it in a draft, make sure to adhere to the order above.

2. Don’t forget to add the sketches and the drawings of that idea: While explaining the things textually is not an easy task, you also need to make sure that the sketches and the drawings associated with the idea is also applicable.

3. Check the subject matter of your invention: Do a patent search to see if the idea that you are trying to push is even patentable.

4. Make sure that your idea meets all the criteria: make sure that  your patent meets the ideas of :

  • Novelty
  • non-obviousness (inventiveness)
  • industrial application
  • enabling

5. Draft a patent application: Depending upon at what stage you are with your invention, you can opt for either provisional application or the complete application. You take the provisional route if you are still at an early stage and if your idea has become a full fledged invention, you can take the complete application route.

6. Once you file the application, your patent will be published after 18 months of you filing it. However, you can apply for early publication as well.

7. Once your application is publicized, you can request for your patent to be examined. This is done by submitting and application for an examination. In this process, your application and your invention will be checked based on the different criteria of patentability.

8. Now, if there were to be any objection, you need to make sure that you are up for it to deal with them. To that end, you need to make sure that you have a patent attorney at your side throughout all the steps.

9. Clearing the objections of examiner will forward the application to the controller and they will then check the application for errors.

10. If there are no errors with the application and the invention also falls on the matter of patentability, your invention will be granted the patent.

Now, let us talk about how much do this cost, there are certain standard fees associated with this that you have consider. The cost of patent involves the following:

  • Filing the application
  • Assistance with drafting the proposals
  • Submitting the application.

The cost associated with these services combine to be INR 60,000/-.

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Dushyant Sharma
Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.

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