Decide if a patent is right for you
The patent application process is complicated and it can take minimum 2 years & approximately 5 years or more on an average to go through the whole process, so make sure it is the right type of protection for you. A registered design is quicker, cheaper and easier and this might be a better option for you. In certain cases, you are better off with copyright protection which is even faster & cheaper.
Get professional help
Most of our customers apply for a patent through a patent agent. On average only 5% of individuals that apply without professional help are granted a patent. A poorly presented invention is difficult to mend on, later on, so don’t risk your invention. Even if you plan to file it yourself it is better to take advice. Patent Agents can prepare and manage a patent application for you and some will provide a free half-hour consultation.
Know the cost
There are a number of fees for a patent:
Rs. 1600 for a basic patent application online for individuals. The cost is 10% more if you file by post. Additional fees may apply in certain circumstances.
The application process can be complex, and it can take 2-6 years for a patent to be granted.
Once you have a granted patent renewal fees must be paid every year to keep it in force. From application through to the 20th year of protection, a patent will cost at least 3200 (up to 6th year), 9600 (7-10th year); 24000 (11-15th year) & 40000 (16 – 20th year).
You can allow a patent to lapse earlier by not paying your renewal fees. Renewal fees are paid every year from the 2nd anniversary (but the average patent life is only 6 years).
We recommend you use a Patent Agent to draft your application – you should expect to pay a professional fee, although if your invention is complex the cost for their support may be higher.
Only 5% of applications drafted without professional help are granted. The small proportion that is granted is not usually kept in force however, professionally drafted patents have a much higher chance of being granted & being commercially licensed
Research your invention
Before you speak to a patent agent check if your invention is new. You can do this by searching for similar inventions on a database called Espacenet. There are online patent search engines like Google Patent which can be used free of charge.
If you decide a patent isn’t right for you, you should still search to make sure it hasn’t been protected by a patent to avoid infringement.