A common source of confusion is the gap between “filing a patent” as a single task and the many fee events that actually make up the journey, from the first application to examination, publication, and later renewals. The First Schedule to the Patents Rules sets out these government fees in detail, and the 2024 amendments added a few new line items and higher charges for late extensions. Knowing what is compulsory, what is optional, and how your entity category affects the bill, helps you budget realistically for an Indian patent.
How much does it costs to file a patent in India?
At the filing stage, the headline fee depends on who you are and how you file. For e-filing, a natural person, a startup, a small entity, or an educational institution pays ₹1,600 to file an application with up to 30 pages and 10 claims. All other applicants pay ₹8,000 for the same filing. Physical filing attracts a 10 percent surcharge, so most applicants prefer e-filing.
Two important add-ons kick in at filing if your draft is longer or claim-heavy. You pay per extra page beyond 30 and per claim beyond 10, calculated on the day you file. For natural person, startup, small entity, or educational institution, it is ₹160 per extra page and ₹320 per extra claim. For others, it is ₹800 per extra page and ₹1,600 per extra claim. If your application claims multiple priorities, the filing fee is multiplied by the number of priorities, so budget accordingly.
Patent filing fees in India, what you actually pay
Here are the core government fee components most applicants encounter:
Application filing, e-filing, up to 30 pages and 10 claims: ₹1,600 for natural person/startup/small entity/educational institution, ₹8,000 for others. Extra pages and claims as above.
Request for examination (Form 18), mandatory to move the file: ₹4,000 for natural person/startup/small entity/educational institution, ₹20,000 for others. If entering India via PCT, the RFE under Rule 20(4)(ii) costs ₹5,600 or ₹28,000 respectively.
Early publication (Form 9), optional: ₹2,500 for natural person/startup/small entity/educational institution, ₹12,500 for others.
Expedited examination (Form 18A), only if you qualify under Rule 24C: ₹8,000 for natural person/startup/small entity/educational institution, ₹60,000 for others. Conversion of a normal RFE to expedited costs ₹4,000 or ₹40,000.
Who gets the lower fee slab, and how to claim it
Natural persons, startups, small entities, and educational institutions share the lower slab. To actually receive the reduced fees, file Form 28 with proof of eligibility, otherwise the higher slab may apply by default. If the applicant is a sole natural person, no need to file Form 28.
2024 rule changes that matter for cost
The Patents (Amendment) Rules, 2024 did not change the basic filing or examination fees, but they introduced or revised charges that affect budgets, for example the grace-period request (Form 31) at ₹500 or ₹2,500, and higher monthly fees for extension or condonation requests under several rules, including Rule 138. Those per-month extension fees now stand at ₹10,000 for the lower slab and ₹50,000 for others. Pre-grant and post-grant opposition now also carry official fees. These amounts appear in the current First Schedule and in the 2024 Gazette notification.
Sample budgets, so you can plan
Below are simple, fully official-fee examples for e-filing. Professional drafting and representation charges vary and are not included.
Scenario A, lean filing
Natural person/startup/small entity/educational institution, complete specification of 30 pages, 10 claims, one priority
Filing fee ₹1,600 + RFE ₹4,000 = ₹5,600
If you add early publication, +₹2,500 = ₹8,100 total.
Scenario B, moderately complex filing
Same applicant category, 45 pages and 15 claims, two priorities
Filing fee with two priorities: 2 × ₹1,600 = ₹3,200
Extra pages: 15 × ₹160 = ₹2,400
Extra claims: 5 × ₹320 = ₹1,600
RFE: ₹4,000
Total without early publication = ₹11,200, with early publication ₹13,700.
Scenario B, for the “others” category
Filing with two priorities: 2 × ₹8,000 = ₹16,000
Extra pages: 15 × ₹800 = ₹12,000
Extra claims: 5 × ₹1,600 = ₹8,000
RFE: ₹20,000
Total without early publication = ₹56,000, with early publication ₹68,500.
Tip: Consider whether a patent of addition applies to your improvement. Applications under section 54 enjoy 50 percent lower filing fees compared to a regular application, which can materially reduce costs in incremental innovation programs.
Is early publication worth the extra fee?
Early publication does not, by itself, start examination. It makes the application public sooner, enabling earlier enforceability via pre-grant mechanisms and transparency for licensing discussions. Examination begins only after a request for examination is filed, and queuing follows Rule 24B and 24C timelines. If speed to grant is crucial and you qualify, expedited examination gives you the biggest time dividend for a clearly defined fee.
What if a deadline is missed, can a late fee fix it?
Some timelines can be extended, at a cost. After the 2024 amendments, several activities allow extensions or condonation for up to six months on payment of per-month fees that are now substantial, namely ₹10,000 for the lower slab and ₹50,000 for others. However, not everything is extendable. In particular, the 31-month national phase deadline for PCT entries into India has been treated as a hard stop by the Delhi High Court in Diebold Self-Service Systems v Union of India (2022) and Humanity Life Extension LLC v Union of India (2023), where attempts to rely on PCT Rule 49.6 or Rule 138 failed. In practice, you cannot pay your way out of a missed national entry date.
Government fees versus professional costs
Official fees are transparent and published. Professional fees depend on the technical field, claim strategy, data preparation, and the scope of services, such as prior art searching, drafting, drawings, filing management, and hearing support. When comparing quotes, check what is included, how many claim sets or amendments are covered, and whether the firm will handle responses under Sections 3 and 59 constraints as part of a fixed fee or on actuals.
Cost of patent filing in India after grant, the annuity picture
From the third year onward, you must pay renewal fees annually to keep the patent alive. For natural person/startup/small entity/educational institution, renewal starts at ₹800 for years 3-6, rises to ₹2,400 for years 7-10, ₹4,800 for years 11-15, and ₹8,000 for years 16-20. For others, the corresponding figures are ₹4,000, ₹12,000, ₹24,000, and ₹40,000. These are official fees for e-payments, and physical payments would add the 10 percent surcharge. Late renewal, if permitted within the statutory window, will also attract extension or restoration fees.
Quick comparisons at a glance
Cost head | Natural person / startup / small / educational | Others |
Filing, up to 30 pages + 10 claims | ₹1,600 | ₹8,000 |
Per extra page beyond 30 | ₹160 | ₹800 |
Per extra claim beyond 10 | ₹320 | ₹1,600 |
Request for examination (Form 18) | ₹4,000 | ₹20,000 |
Early publication (Form 9) | ₹2,500 | ₹12,500 |
Expedited examination (Form 18A) | ₹8,000 | ₹60,000 |
All fees shown are for e-filing under the current First Schedule.
Practical takeaways for applicants
Pick your correct fee slab and prove it. File Form 28 with supporting documents to claim startup, small entity, or educational institution status.
Watch page and claim counts. Trimming five pages or two redundant claims can shave meaningful costs at filing and translate into cheaper prosecution.
File RFE early and consider expedited examination if eligible. RFE is mandatory and gated to grant. Expedited examination, where available, delivers the most speed per rupee.
Avoid expensive late extensions. Post-2024, per-month extension fees are high, and some deadlines remain unextendable, especially PCT national phase entry.
One last FAQ, does e-filing always cost less?
Yes, because physical mode filings carry a 10 percent surcharge across the board. Unless there is a genuine need for hard-copy lodgement, e-filing keeps your official fees to the baseline.
