Whenever any individual or an entity is thinking of getting a patent registration, the very first thing that comes into his mind is the cost for Patent application. So Patent application is not cheap, it includes the cost of filing, examination, translations, and if granted maintenance can often be a deterrent for many applicants, especially for SMEs (Small Business Entities).
As a case, the average sanctioned figure of e-filing an operation( with 30 runners of specification and 10 claims), examination, and maintaining the same( for 20 times) in the US for a large reality can run as high as,480 USD. The same in Japan, Europe, China, and Korea bring roughly,128 USD,,188 USD,,812 USD, and,382 USD independently. putatively, guarding an invention in one of the IP5 countries comes at a high cost.
Now, consider India. The sanctioned figure of e-filing an operation( comprising 30 runners of specification and 10 claims) in India, for a large reality, is 103 USD. The examination of the operation costs 258 USD. When granted, the conservation figure of over to 20 times is,950 USD. The total average sanctioned figure for carrying and maintaining a patent in India comes out to,311 USD. Some quick calculation would tell you that an Indian patent is 67 cheaper than a US patent, 56 cheaper than a Japanese one, and 83 cheaper than a European one .
While India, the US, and Europe accept an English specification, filing in China, Japan, and Korea requires aspirants to file their patent operations in the separate public languages. Indeed in Europe, the allowed claims need to be restated into French and German. thus, aspirants in India save on restatement costs as well.
Feeling the significance of the SME sector and encouraging further patent forms in India, the Government offers several incentives to MSMEs, natural persons, and educational institutions. In particular, start- ups, small realities, natural persons, and educational institutions are offered abatements on the sanctioned figure at every stage, including form, examination, opposition, and conservation. For illustration, the cost of filing an operation for a patent accompanied by a complete specification comprising 30 runners and 10 claims isRs. 8000( 103 USD) for large realities and Rs. 1600(approx. 20 USD) for launch- ups, small realities, natural persons, and educational institutions. Therefore, the figure for realities other than large realities is 1/ 5th of the figure for large realities.
For the purpose of clarity, Rule 2 of the Indian Patents Rules, 2003( as amended) define who may be pertained to as a small reality, a launch- up, and an educational institution.
According to Rule 2( fa) of the Indian Patents Rules, 2003( as amended) read with Section 7 of the Micro, Small and Medium Enterprises Development Act, 2006, a small reality means an enterprise where the investment in factory and ministry or outfit doesn't exceed 500 million Indian Rupees( roughlyUS$) and development doesn't exceed 2500 million Indian Rupees( roughlyUS$).
According to Rule 2( fb) of the Indian Patents Rules, 2003( as amended) read with the launch- up India Initiative Scheme of the Government of India,
In the case of an Indian reality, an reality is honored as a launch- up by a competent authority under the launch- up India Initiative.
In the case of a foreign reality, a reality fulfilling the criteria for periodic development( lower thanRs. 100 crores(approx.1.3 million USD) for any of the fiscal times since its objectification) and period of objectification/ enrollment ( lower than 10 times).
Further according to Rule 2( ca) of the Indian Patents Rules, 2003( as amended), an educational institution means a university established or incorporated by or under Central Act, Provincial Act, or State Act and includes any other educational institution as honored by an authority designated by the Central Government or the State Government or the Union homes in this regard.
Naturally, the below orders of realities need not inescapably be of Indian origin only, but can also be foreign realities. To be eligible, the Applicant must submit the specified documents as evidence along with Form 28.
It's worth mentioning that along with a concession on figure, start- ups and small realities are also eligible to request for expedited examination of their patent operations under Rule 24C of the Indian Patents Rules, 2003( as amended). exercising this provision, Hyderabad- grounded company, Optimus medicines, and several other launch- ups have been suitable to gain affordable yet quick patents in a record time of 113- 300 days only.
We shall end this composition with food for study – the professional figure of Indian Patent Agents and Attorneys is significantly lower than that of foreign patent agents and attorneys.
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