Question
Asked 20th Nov, 2013

How can I file patent (Individual) in India?

Can an individual person file a patent?

Most recent answer

17th Jun, 2016
Senthil Kumar
Madurai Kamaraj University
Yes, Individual can file as patent application in India.
The cost for filing individual is 80% lesser than the legal entity.
You can read more detailed information at Patent Fee for Obtaining a Patent in India and also patent application filing procedure in the attached links.

All Answers (10)

30th Nov, 2013
Abhishek Saini Patent Attorney
University of Delhi
Yes an individual person can file a patent application.
In order to proceed for patent you should first make sure whether your invention is patentable or not, for a patent an invention should qualify following three parameters:
1) Novelty (i.e. the invention should be new and should not be anticipated by any prior published document(s) (prior art)).
2) Inventiveness (i.e. the invention should be non-obvious to a person skilled in the art).
3) Industrial Application (i.e. the invention should be capable of use industrially)
If your invention qualify the above mention parameter, then you should evaluate your invention under Section 3 of Indian Patent Act, which specifically prohibits certain types of invention from patenting you can access the section here http://www.ipindia.nic.in/ipr/patent/eVersion_ActRules/sections/ps3.html.
Once you invention is through the above said criteria than you should draft your patent application. It is pertinent to mention here that you could either go for provisional specification or complete specification.
Provisional Specification: Provisional specification are generally filed when the invention is at developing stage and the inventor is yet to finalize it. Provisional specification is generally devoid of claims, and a complete specification is required to file within one year of the filing of the provisional specification as in absence of which the provisional specification is abandoned. The basic purpose of filing provisional application is to obtain an earlier filing date (also called priority date).
Complete Specification: Complete specification as the name indicates is complete and finalized specification comprising claims. The inventors who have finalized their invention generally prefer to file complete specification. As mentioned earlier even for provisional specification a complete specification is required to be filed. So actually provisional specification adds to the cost of Patent drafting in case one hire a Patent Agent for drafting.
Where to file: Once the specification is drafted it may be file in the appropriate patent offices. In India in there are four patent offices located in four major metropolitan cities (Delhi, Mumbai, Chennai and Kolkata) there contact details are http://www.ipindia.nic.in/ContactPersonDetails.htm
The selection of the appropriate patent office depends upon the state within which the Applicant resides or has office.
Stages involved:
Filing of the application (Compete or provisional)
Publication in journal (for third party opposition)
Examination(evaluation of application according to law)
Examination report reply (compliance to objections)
Acceptance or rejection based on reply/hearing
Grant of Patent( for 20 years from the earliest date of filing).
Cost: The costs for filing a patent application in India depends on various factors like total number of claims, pages of specification, and nature of Applicant (whether natural person or legal entity).
The official fee for filing the application INR 1000 (for 30 pages specification with 10 claims) Apart from filing fees there is fee for early publication of patent application which is INR 2500(optional) and Request for Examination fee INR 2500(mandatory); these amounts would be four times in case the Applicant is a legal entity (corporate).
Further, if you hire a patent agent his fees would be over and above and would vary from agent to agent.
Time Required: There is no fixed time frame prescribed under the law for the grant of a patent, but usually it takes around 4-5 years from the date of filing.
I hope the above details solves your query, in case you require any further details on any clarification feel free to contact.
Regards,
Abhishek Saini (patentm.india@gmail.com)
Patent Attorney
Submit your query here  http://bit.ly/abhisheksaini
2 Recommendations
1st Dec, 2013
Rajeev Kumar Chauhan
Dayalbagh Educational Institute
Thanks Mr Abhishek Saini
1 Recommendation
1st Dec, 2013
Rajeev Kumar Chauhan
Dayalbagh Educational Institute
Dear Mr Abhishek Saini,
what is the minimum time for the grant of a patent?
1 Recommendation
1st Dec, 2013
Abhishek Saini Patent Attorney
University of Delhi
Dear Mr. Chauhan,
There is no minimum time period under the provisions of Indian patent act. Indian patent act doesnot prescribe any time limit for the grant of a patent, but usually it takes around minimum 3-4 years.
In case you require any further information, feel free to contact.
Regards,
Abhishek
8th Feb, 2015
Amir Hoseein Bornaee
Tarbiat Modares University
Dear Mr. Abhishek,
How foreigners can file a provisional patent in India themselves? is it possible or should contact with an Indian agent/attorney?
Thanks
5th Aug, 2015
Samita Kapoor
Genuiin Intellectual Property Solutions LLP
The address for service should be in India. Hence, Foreigners heed to contact the IP Attorney/ Agent in India to serve them better. Granting of Patent does not only involve Patent filing stage, there are many stages of local laws which foreigners are not aware of hence, they have to coordinate with Indian Patent attorneys to get their Patent Grant.
2 Recommendations
6th Mar, 2016
Vigneshwaran Pallapalayam Vijeyakumar
Chalmers University of Technology
Within 31 months it will be reviewed.
1 Recommendation
6th Mar, 2016
Vigneshwaran Pallapalayam Vijeyakumar
Chalmers University of Technology
 Even though u r a foreigner,anyone of the inventor should be in India. Or u can give a declaration stating that, Mr XXX will be acting on your place and will carry out the patent processing work. Have a look at this website. 
1 Recommendation
18th Mar, 2016
Surinder Khurana
Central University of Punjab
 Are Indian Universities come under small entity to take benefit of reduced patent filing fees? If yes which document can be provided with form no 28 as a proof?
1 Recommendation

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Hi, everyone!
There is a problem about CuAAC efficiency that troubles me a lot. I modified a water soluble comb-like copolymer polyallylamine-graft-PEG (PAA-g-PEG) with azidoacetic acid (about 15 mol% of mainchain monomer). I want to use CuAAC to conjugate some alkyne modified biomolecules (dyes, peptides, anything.) in the next step, but I found the efficiency of my click reaction is really low. Like I added alkyne-Alexa dye to my copolymer, but less than 20% of the dye was found to be clicked on the copolymer. I tried to modify the conditions, but improvement is very limited. Here are my conditions,
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