Answer By law4u team
The cost of registering intellectual property (IP) in India depends on the type of IP being registered (patents, trademarks, copyrights, designs), the applicant’s status (individual, small entity, or large corporation), and the complexity of the application. Below is an overview of the registration costs for each type of IP and the factors that may influence the fees involved.
Cost of Registering Different Types of Intellectual Property in India:
1. Patents:
Application Fee:
- For individuals and small entities, the filing fee is ₹1,600 for e-filing and ₹1,800 for physical filing.
- For large entities, the filing fee is ₹8,000 for e-filing and ₹8,800 for physical filing.
Examination Fee:
- For individuals and small entities, the examination fee is ₹4,000 for e-filing and ₹4,400 for physical filing.
- For large entities, the examination fee is ₹20,000 for e-filing and ₹22,000 for physical filing.
Other Costs: Additional costs may include attorney or agent fees, which vary depending on the complexity of the application and the services provided.
Example: If an individual applies for a patent for a new invention and the application is for e-filing, the total cost for filing and examination would be ₹5,600 (₹1,600 filing fee + ₹4,000 examination fee).
2. Trademarks:
Application Fee:
- For individuals and small entities, the filing fee is ₹4,500 per class for e-filing and ₹5,000 for physical filing.
- For large entities, the filing fee is ₹9,000 per class for e-filing and ₹10,000 for physical filing.
Renewal Fee:
- For individuals and small entities, the renewal fee is ₹4,500 per class.
- For large entities, the renewal fee is ₹9,000 per class.
Other Costs: Costs may also include legal or agent fees, which can vary based on the complexity of the trademark and the services of the attorney.
Example: A small business applying for a trademark in one class would pay ₹4,500 for filing and ₹4,500 for renewal after 10 years.
3. Copyrights:
Application Fee: The application fee for copyright registration is ₹500 for e-filing and ₹1,000 for physical filing, regardless of the applicant's status (individual, small entity, or large corporation).
Other Costs: The cost of hiring an agent or attorney for the application may increase the total cost, but the government fee is fixed.
Example: The registration cost for a literary work for an individual applicant would be ₹500 for e-filing.
4. Designs:
Application Fee:
- For individuals and small entities, the filing fee is ₹1,000 for e-filing and ₹1,000 for physical filing (for up to 10 designs).
- For large entities, the filing fee is ₹2,000 for e-filing and ₹2,000 for physical filing (for up to 10 designs).
Other Costs: Additional legal or agent fees may apply, depending on the complexity of the design and the filing process.
Example: A small entity applying for protection for a single design would pay ₹1,000 for e-filing.
Factors Affecting the Cost of Registration:
- Applicant's Status: Individuals and small entities generally enjoy reduced filing fees compared to large entities. A small entity can qualify for reduced fees if its turnover is below a specified threshold, typically ₹50 Lakhs for a trademark or ₹5 Crore for patents.
- Number of Classes or Designs: For trademarks and designs, the cost increases with the number of classes or designs being filed. Each class for a trademark, for example, has a separate fee.
- Attorney or Agent Fees: If the applicant hires an IP attorney or agent to help with the application process, there will be additional costs depending on the complexity of the IP and the services provided by the agent.
- Additional Services: Costs can also increase if the applicant needs services like a patent search, trademark search, or filing oppositions. These services are typically offered by IP professionals for an additional fee.
Conclusion:
The cost of registering intellectual property in India varies based on the type of IP and the applicant's status. Patents and trademarks have the highest filing fees, especially for large entities, while copyrights and designs are relatively affordable. The overall cost can also be influenced by factors such as the number of classes or designs, the need for legal assistance, and other additional services. It’s essential to factor in these costs when planning for IP protection in India.
