A Complete Guide on the International Patent Cost

A Patent is a territorial right, and it is only applicable in a particular country in which a Patent is registered. For International Patent Registration, one has to file an application for a Patent in every country separately. It simply means that filing an application for Patent Registration in every country would cost you around $1,000,000. Apart from this, you also need to invest a similar amount for maintaining the registered Patent for its full term. That will be not affordable by independent researchers or inventors and even for most of the entities who opt for an International patent Registration. Scroll down to check more information regarding the International Patent Cost.

What is a Patent?

Before we discuss about the International Patent Cost, let us first understand the term “Patent”. It is an Intellectual Property, and it grants an exclusive right to the creator or inventor to have the full authority or right over the manufacturing & trading of the invention. Generally, a right patent includes all the authoritative details for the user to avail of all the benefits of the invention. Meanwhile, an insignificant patent covers inappropriate details and is more susceptible to the violation, which means the Patent Office does not typically inspect its credibility.

A Patent encompasses the given key features:

• List of the previous art (inventions that are already publicly known and exist).
• Claim Details.
• The discovery execution details regarding the inventions in terms of schematics and functional aspects.

Also, Read: A Complete Guide on Difference Between Patent and Copyright

Patent Cooperation Treaty (PCT) – An Overview

PCT or the Patent Cooperation Treaty is a global treaty with more than 150 countries worldwide, and it is regulated by the WIPO (World Intellectual Property Organization). Patent Cooperation Treaty is the internationally accepted system that makes the process of Patent Application very easy in different countries. Moreover, there is one International Patent Applicant known as PCT Application, effective in partnered countries. If you are a member of a PCT Contracting Nation, you can easily apply for Patents in various countries at the same time. Furthermore, you have to submit a PCT Application in one language in a receiving office.

Thoroughly, the application of PCT can act as a reservation for submitting the Patent application to specified countries and permit you to stand by a time of 2.5 years for making a decision. After such time period, the application is converted into a separate Patent application subjected to each country where Patent Registration is desired.

If you already filed the Patent application along with claims, then filing a PCT application will cost you around $4000. The PCT application permits the applicant to safeguard the authority to file an International Patent applicant in around 150 countries for a fixed timeframe. If anyone wants to protect an International Patent, the PCT Application could be your best decision.

Convention Application – An Overview

The Paris Convention 1883 is considered as a global treaty that allows the applicants to file the Patent application on their local ground. The application is also known as Priority Document, and the date the application is filed is stated as a priority date in a legal term.

The priority filing begins twelve months of time, within which an application known as the Paris Convention Application can be filed in a different place, claiming priority back of the Paris Convention to the priority date. To the range that application-related content of the Paris Convention is revealed in the priority documents, it will be predated to the priority date.

The twelve-month convention period permits the applicant to obtain funds, conduct market research and modify an idea to a commercial product. All such tasks can be completed by a single filing without risking any loss of rights in other countries. If the Paris Convention is absence, applicants need to perform simultaneous filing in all countries at the beginning of the process.

What is the Process for Filing a PCT Application?

Before knowing the International Patent Cost in India, we have to understand the procedure for filing a PCT Application, and you can check the same below:

• First, the applicant needs to file a global application for Patent Registration with the WIPO or World Intellectual Property Organization. Essentially, the international application should meet the criteria of PCT requirements. These requirements must be fulfilled within 12 months of filing the local application.
• ISA or International Searching Authority finds the published documents of Patent and Technical Literature, which may affect the credibility of the Patent of your invention. This should be published within 16 months from the date of filing the application in the home country.
• Once you published the international application, then the Supplementary International Search (SIS) would search on request for the published documents if the 1^st ISA (International Searching Authority) failed to do so, and this step is optional. This should be published within 28 months from the date of filing the application in the home country.
• On your demand, the International Searching Authority or ISA conducts an analysis concerning patentability; usually, on the different version of the application, this should be published within 28 months from the date of filing an application in the home country. This step is also optional.
• Once the PCT procedure is completed, wither after the initial examination or international search or before 30 months from the priority date, application associated with the grant of Patent can be supplied to local Patent Offices in which the Patent Registration is preferred.

What is the International Patent Cost in India?

Each and every step of the process of PCT application involves International Patent Cost. PCT or Patent Cooperation Treaty reduces the major International Patent Cost by direct applications in each nation.

Following is the table where you can check the International Patent Cost involved under PCT application in India:

Mode of Filing	Normal Fees	For Small Entity Fees	Other Than Small Entity
For Online Filing (Applicable when the office starts accepting the filing regarding Global Applications in Online Form)	Rs. 3200/-	Rs. 8000/-	Rs. 16000/-
For Physical of Offline Filing	Rs. 3250/-	Rs. 8800/-	Rs. 17600/-

Conclusion

A Patent is complicated to get, unlike Trademark or Copyright Registration. Any creation or invention that wants to get a patent needs to comply with the Patent Act’s Provisions; otherwise, it acts as a regular product. Above, we mentioned the process to file an International Patent application and the International Patent Cost. If you cannot address all the Patent Registration requirements single-handedly, you might need an expert to proceed successfully.

Also, Read: How to get Patent Registration for Software in India?