Patent Costs in India: Government Fees vs. Professional Fees Explained

Filing a patent in India is not just a legal process—it’s also a financial decision. For startups, inventors, and businesses, one of the most common questions is: How much does it actually cost to get a patent in India?

The answer depends on two key components: government fees (paid to the Indian Patent Office) and professional fees (paid to your patent agent or attorney). Let’s break it down.

Government Fees: What You Pay the Patent Office

The Indian Patent Office charges official fees at various stages of the patenting process. These depend on who is applying:

• Natural persons/startups/educational institutions enjoy reduced fees.

• Large Business Entities (corporates, MNCs) pay the highest fees.

Here’s an overview of the main government fees:

• Filing a Patent Application:
  ₹1,600 (individual/startup)

  ₹8,000 (large entity)

• Request for Examination (RFE):
  ₹4,000 (individual/startup)

  ₹20,000 (large entity)

• Renewal Fees (annuity paid every year after grant, starting from 3rd year):
  Ranges from ₹800 per year for individuals to ₹20,000+ for large entities in later years.

• Other actions

  Early Publication

  ₹2,500 (individual/startup)

  ₹12,500 (large entity)

• Expedited examination

  ₹8,000 (individual/startup)

  ₹60,000 (large entity)

Pro tip: Filing early as a startup can lock in reduced fees, but you must maintain your recognized startup status with DPIIT.

Professional Fees: What You Pay Your Patent Expert

While government fees are transparent and fixed, professional fees vary based on complexity, industry, and service provider. Professional fees cover the expertise required to navigate the system effectively.

Common professional fee components include:

• Patent Search & Opinion: ₹15,000 – ₹50,000
  (to check if your invention is new and patentable)

• Patent Drafting: ₹40,000 – ₹1,50,000+
  (drafting is highly specialized and crucial—this is where strong protection is built)

• Filing Support & Formalities: ₹10,000 – ₹25,000
  (preparing forms, statements, and filings correctly)

• FER Response & Hearing Representation: ₹20,000 – ₹75,000+
  (arguing against examiner objections, amending claims)

The complexity of your technology (biotech patents typically cost more than mechanical ones) and the attorney’s experience influence fees significantly.

Why Both Costs Matter

• Government fees are unavoidable, fixed charges.

• Professional fees determine how strong your patent will be. A poorly drafted application may save money upfront but cost far more in the long run if it’s rejected or too weak to enforce.

Think of it this way: government fees open the door, but professional expertise ensures the door stays open and protects what’s inside.

Practical Cost Example

Imagine a startup files a patent for a new medical device:

• Filing + Examination (government fees, startup rate): ~₹5,600

• Patent drafting by professional: ~₹50,000

• FER response and amendments: ~₹40,000
  Total Estimated Cost: ~₹1.0 – ₹1.5 lakhs

This is a realistic budget most Indian startups should plan for one patent application, though costs can vary widely depending upon the reputation of patent professional one engages.