For many PCT applicants, India has risen as an important patent filing destination. In 2010, India was the fourth most popular national stage country among inovia clients, tying it with Australia, Brazil and Europe.
Our Indian associates informed us of a recent change, effective immediately, pertaining to the fees at the national filing stage. The Indian Patent Office levies an excess claims fee of 800 INR (200 INR for individuals) for each claim over 10. Previously, applicants could avoid or reduce this fee by reducing the number of claims during the national stage filing.
Under the new rules, claim fees are calculated based on the number of claims originally filed in the PCT application. However, if Article 19 or Article 34 amendments were filed during the International Phase, these would be considered to be part of the published application for fee calculations.
Furthermore, if the applicant wishes to file an amended set of claims at filing for reasons other than avoiding excess claim fees, they will need to submit a formal request for amendment along with a prescribed official fee. As such, the net result is that not only can applicants no longer save on filing costs by submitting a reduced set of claims, but that doing so will actually increase the cost of filing.
Thankfully, Indian excess claim fees haven’t reached EPO-like proportions yet.
To learn more about India filing requirements and to get a quote for PCT national stage entry into India, visit our India filing guide. Alternatively, you can contact us or leave a comment below if you have any questions on the fee change.