How to Patent in India | Patentability Research Services for Inventions | Idea Protection Services to Foreign Inventors
Call Us: +91 - 9650247494

Indian Patent office commence to act as International Searching Authority and International Preliminary Examining Authority under PCT

Patent Searching in India | Indian Patent Office acts as International Searching Authority (ISA) and IPEA

Patent Validity Search or Patent Invalidity Search, Invalidation search, Patent Application before the USPTO

Indian Patent Office (IPO) and the International Bureau (IB) of the World Intellectual Property Organization (WIPO) reach an agreement in relation to the functioning of the Indian Patent Office  as an International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty PCT.

Indian Patent office commence to act as International Searching Authority and International Preliminary Examining Authority under PCT

The International Bureau of the World Intellectual Property Organization heard the advice of the PCT Committee for Technical Cooperation, has appointed the Indian Patent Office as an International Searching and Preliminary Examining Authority under the Patent Cooperation Treaty and approved the Agreement in accordance with Articles 16(3) and 32(3). The Indian Patent Office entered into agreement with the World Intellectual Property Organization (WIPO) on September 25 with the official status taking effect as of October 15. The agreement, which is published on the Indian Patent Office official website, says it will remain in force until December 31, 2017. 

The recognition of India as an ISA/IPEA puts India in a coveted league of only 15 nations and organization which are currently recognized at a global level by ISA/IPEA as stated by Shri Kamal Nath, Union Minister of Commerce and Industry.

The Indian Patent Office will carry out international patentability search and international preliminary examination in accordance with, and do such other functions of an International Patent Searching Authority and International Preliminary Examining Authority.

The Indian Patent Office will act as International Searching Authority for any international patent application filed with the receiving Office of, or acting for, and any Contracting State specified in the Agreement. The patent applicant has to select Indian Patent Office as International Searching Authority ISA while applying for international patent application before the receiving Office

Indian Patent Office will act as International Preliminary Examining Authority IPEA for any international application filed with the receiving Office of, or acting for, and any Contracting State specified in the Agreement. The patent applicant has to select Indian Patent Office as International Preliminary Examining Authority IPEA while applying for  international patent application before the receiving Office. 

However, where the patent specification has been filed in any other language except English the patent applicant has to provide the patent translation copy in English language to conduct the patent search by the Indian Patent Office acting as International Searching Authority or  International Preliminary Examining Authority IPEA.

Cost of Patent Search Fees in India | Schedule of Patent Search fees in India

Schedule of fee or charge

Amount (Indian rupees)

Company

Amount (Indian rupees)

 Individual

Search fee  under Rule 16.1(a) 10000 2500
Additional fee (Rule 40.2(a)) 10000 2500
Protest fee (Rule 40.2(e) and 68.3(e)) 4000 1000
Late furnishing fee under (Rule 13ter.1(c) and 13ter.2)   4000 1000
Preliminary examination fee (Rule 58.1(b)):  
– where the international search report   was issued by the Authority– in other cases 1000012000 25003000
Late payment fee for preliminary examination [amount as set out in Rule 58bis2] Additional fee (Rule 68.3(a)):  
– where the international search report was issued by the Authority– in other cases 10000, 12000 2500, 3000

It is expected that the low patent official fee schedule of Indian Patent Office charged for different categories as compared to other nations which act as ISA and IPEA will help in increase in patent filings by both domestic nationals and patent applications filed via the PCT route.

Are you looking for customized Patent Search Services?

We at Tech Corp Legal provide Patent Search Services by Experienced Patent Attorneys who are trained by USPTO Patent Attorneys. We provide quick, comprehensive patent search results to assist you better determine patentability of your research and invention and help you develop strong intellectual property portfolio in the market. With more than 30 years of combined patent experience our patent experts can conduct global patent research in different patent databases which includes leading patent and non-patent sources available online.

Patent Advocates & Indian IPR Attorneys

Leading IP firm in India with a team of experienced patent strategy consultants who assist startup businesses with patent filing, patent drafting, & protection of trademarks internationally under madrid protocol. Most recommended full service Intellectual Property & Commercial Patent Law firm in India. Direct representation of parties before WIPO and IPO, Coordination and management of Global IP Prosecution and Litigation matters with patent lawyers worldwide, Global IP Strategy and development of Intellectual Assets, Drafting, reviewing and negotiating IP and Technology Agreements (Licensing, Technology Transfer and Collaboration Agreements), Strong patent claim drafting, preparation and prosecution skills for international applications filed before USPTO, EPO, WIPO, UKIPO, MyIPO, IP Australia, & IPOS.