📋 In This Article
- Patent Fees — Overview
- Filing Fees — Provisional and Complete
- Entity Types — Who Gets Concessions?
- Excess Claims and Pages — Additional Fees
- Annual Renewal Fees — 20-Year Schedule
- PCT and International Filing Fees
- Total Cost of a Patent in India
- Why Choose Adv. Nikhil Soni & Co.?
- Frequently Asked Questions
Patent Fees in India — Overview
Filing a patent in India involves multiple fee payments at different stages — from the initial application filing to annual renewal over the 20-year patent term. The fee structure under the Patents Act 1970 and Patents Rules 2003 (as amended by the Patents Amendment Rules 2025, effective January 2026) distinguishes between natural persons, startups, small entities and large entities — with significant concessions for individuals and smaller businesses.
All fees mentioned below are for e-filing on the IP India portal at ipindiaonline.gov.in — physical filing attracts a 10% surcharge on the applicable fee. Completing patent registration online also lets you track your application status in real time, and is the recommended route for most applicants.
Before filing, most applicants also invest in a professional patent search to confirm novelty, and engage a registered patent attorney to draft the specification — these upfront costs are separate from the government fees listed below but significantly reduce the risk of costly objections later.
💼 Adv. Nikhil Soni & Co. — 23+ years of exclusive IP practice, 5000+ trademarks filed across India. We personally handle every IPR matter. Book a free consultation →
Filing Fees — Provisional and Complete Specification
| Application Type | Natural Person / Startup | Small Entity | Large Entity |
|---|---|---|---|
| Provisional specification (Form 2) | Rs 1,600 | Rs 4,000 | Rs 8,000 |
| Complete specification (Form 2) | Rs 1,600 | Rs 4,000 | Rs 8,000 |
| Convention application (Form 2) | Rs 1,600 | Rs 4,000 | Rs 8,000 |
| PCT national phase (Form 3) | Rs 1,600 | Rs 4,000 | Rs 8,000 |
| Request for examination (Form 18) | Rs 4,000 | Rs 10,000 | Rs 20,000 |
| Expedited examination (Form 18A) | Rs 8,000 | Rs 20,000 | Rs 40,000 |
Provisional application strategy: Filing a provisional specification immediately secures your priority date at a lower cost and gives you 12 months to develop the invention and file a complete specification. This is particularly valuable for startups and inventors who need time to assess commercial viability before committing to the full filing cost.
Entity Types — Who Gets Concessions?
- Natural personAny individual human inventor filing in their own name — qualifies for the lowest fee tier (80% concession vs large entity)
- StartupAn entity recognised as a startup by the DPIIT under the Startup India scheme — qualifies for the same fee concessions as natural persons
- Small entityAn enterprise as defined under the MSME Development Act 2006 — manufacturing entity with plant and machinery investment up to Rs 10 crore, or service entity with equipment investment up to Rs 5 crore. Pays 50% of large entity fees
- Large entityAll entities not qualifying as natural person, startup or small entity — companies, universities, research institutions and large corporates pay the full fee
Important — Form 28: To claim the natural person or small entity fee concession, the applicant must file Form 28 along with the patent application. Failure to file Form 28 results in the large entity fee being applicable — a costly oversight that cannot always be corrected after filing.
Excess Claims and Pages — Additional Fees
The standard filing fee covers:
- Up to 10 claimsEach claim beyond 10 attracts an additional fee — Natural person: Rs 160 per claim; Small entity: Rs 400; Large entity: Rs 800
- Up to 30 pagesEach page beyond 30 attracts an additional fee — Natural person: Rs 160 per page; Small entity: Rs 400; Large entity: Rs 800
For complex inventions with many claims or lengthy specifications, these excess fees can add substantially to the base filing cost. Careful drafting — consolidating claims and eliminating unnecessary specification content — minimises excess fees without compromising the scope of protection.
Annual Renewal Fees — 20-Year Schedule
A granted patent must be renewed annually to remain in force. Renewal fees start from the 3rd year after the date of patent application filing and increase progressively:
| Year | Natural Person / Startup | Small Entity | Large Entity |
|---|---|---|---|
| 3rd and 4th year (each) | Rs 800 | Rs 2,000 | Rs 4,000 |
| 5th to 10th year (each) | Rs 2,400 | Rs 6,000 | Rs 12,000 |
| 11th to 15th year (each) | Rs 4,000 | Rs 10,000 | Rs 20,000 |
| 16th to 20th year (each) | Rs 4,800 | Rs 12,000 | Rs 24,000 |
Renewal fees must be paid before the anniversary of the filing date each year. A 6-month grace period is available for late payment with a surcharge — but failure to renew within the grace period results in the patent lapsing.
PCT and International Filing Fees
If you want international patent protection through the Patent Cooperation Treaty (PCT):
- PCT international applicationFiled through the Indian Patent Office as Receiving Office — international filing fee (WIPO) + transmittal fee + search fee payable in addition to Indian national fees
- PCT national phase in IndiaPCT application entering the Indian national phase — same fee as regular complete specification: Rs 1,600 / Rs 4,000 / Rs 8,000 depending on entity type
- Paris Convention applicationClaiming priority from a foreign application within 12 months — same fee as regular complete specification filing
The PCT international filing fee payable to WIPO is denominated in Swiss Francs (CHF) and converted to INR at the current exchange rate — typically ranging from Rs 1,20,000 to Rs 1,80,000 for the basic international filing fee alone.
Total Cost of a Patent in India
| Stage | Natural Person | Large Entity |
|---|---|---|
| Provisional filing | Rs 1,600 | Rs 8,000 |
| Complete specification filing | Rs 1,600 | Rs 8,000 |
| Request for examination | Rs 4,000 | Rs 20,000 |
| Grant (no additional fee) | — | — |
| Renewal (20 years total) | ~Rs 40,000 | ~Rs 2,00,000 |
| Total (government fees) | ~Rs 47,000 | ~Rs 2,36,000 |
Professional fees for patent drafting, prosecution and response to examination objections are additional — and typically represent the larger component of total patent cost. A well-drafted patent specification is the most important investment in the patent process.
Why Choose Adv. Nikhil Soni & Co.?
- Personal handling by senior advocateAdv. Nikhil Soni personally handles every IPR matter — clients deal directly with the advocate
- 23+ years, 5000+ trademarksExclusive IP practice since 2001 — trademark, patent, copyright, design and trade secret
- All India coverageAuthorised to appear before all five Trade Marks Offices and IP Courts across India
- End-to-end serviceSearch, filing, objection, enforcement and litigation — complete IP lifecycle management
Frequently Asked Questions
What is the government fee for filing a patent in India in 2025?
The government fee for filing a complete patent specification in India (e-filing) is Rs 1,600 for natural persons and DPIIT-recognised startups, Rs 4,000 for small entities as defined under the MSME Act, and Rs 8,000 for large entities. These fees are under the Patents Amendment Rules 2025 effective January 2026. Additional fees apply for claims beyond 10 and specification pages beyond 30. Physical filing attracts a 10% surcharge. Form 28 must be filed to claim the natural person or small entity concession.
What is the difference between provisional and complete patent application fees in India?
Both provisional and complete patent applications attract the same government filing fee — Rs 1,600 for natural persons and startups, Rs 4,000 for small entities, and Rs 8,000 for large entities (e-filing). The strategic difference is that a provisional application immediately secures your priority date while giving you 12 months to develop and refine the invention before filing the complete specification. A request for examination (Form 18) — Rs 4,000 to Rs 20,000 depending on entity type — is additionally required after filing the complete specification.
Who qualifies as a small entity for patent fee concessions in India?
A small entity for patent fee purposes is an enterprise defined under the Micro, Small and Medium Enterprises Development Act 2006 — a manufacturing enterprise with investment in plant and machinery not exceeding Rs 10 crore, or a service enterprise with investment in equipment not exceeding Rs 5 crore. Small entities pay 50% of the large entity fee. DPIIT-recognised startups qualify for the same concessions as natural persons — the lowest fee tier. Form 28 must be filed with the application to claim any concession.
What is the fee for PCT national phase filing in India?
Entering the national phase in India under the Patent Cooperation Treaty (PCT) attracts the same fee as a regular complete specification filing — Rs 1,600 for natural persons and startups, Rs 4,000 for small entities, and Rs 8,000 for large entities (e-filing). Additional fees apply for excess claims and pages. A request for examination must also be filed within the prescribed deadline. The separate PCT international filing fee payable to WIPO for the international application stage is significantly higher and denominated in Swiss Francs.
What is the total cost of obtaining and maintaining a patent in India?
The total government fee cost for a natural person to obtain and maintain a patent in India over its full 20-year term is approximately Rs 47,000 — including provisional filing (Rs 1,600), complete specification (Rs 1,600), request for examination (Rs 4,000) and renewal fees over 20 years (approximately Rs 40,000). For a large entity, the equivalent total is approximately Rs 2,36,000. Professional fees for patent drafting, prosecution and responding to examination objections are additional and typically represent the larger share of overall patent cost.
Official Resource: Visit IP India Online — Patent Filing Portal.