First Schedule explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Table I of the First Schedule lists the fee for every step in a patent application, by form, by applicant category and by mode of filing. The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) substituted the whole table with 59 entries. This article sets out the heads from the filing of the application to the grace period; renewal, restoration, register, agent and PCT heads are in our article on the other First Schedule fees.
Table I has two applicant columns: one for a natural person, startup, small entity or educational institution, and one for others (alone or with a natural person, startup, small entity or educational institution). Each column has a figure for e-filing and one for physical filing. Some heads are "Not allowed" in physical mode, such as the opposition notice, the pre-grant representation and expedited examination. A small entity, startup or educational institution must file Form 28 with every document that carries a fee (rule 7(1), proviso). All amounts below are as per the First Schedule as substituted in 2024, in rupees.
How to read Table I
The Act's fee provision is section 142; see Section 142 of the Patents Act, 1970: Fees. Rule 7(1) says the fees payable are as specified in the First Schedule. The principal text of rule 7(1) also carries a proviso for ten per cent additional fee when applications and other documents are filed in physical mode (hard copy), and a second proviso that a small entity, startup or educational institution must accompany every fee-bearing document with Form 28. Our article on Rule 7: fees, mode of payment and refund covers the rule; the 2024 table prints the physical-mode amounts in their own columns, so use the printed figure.
The column layout is:
| Column | Heading |
|---|---|
| 1 | Number of entry |
| 2 | On what payable |
| 3 | Number of the relevant Form |
| 4 | E-filing: natural person or startup or small entity or educational institution |
| 5 | E-filing: others, alone or with natural person or startup or small entity or educational institution |
| 6 | Physical filing: natural person or startup or small entity or educational institution |
| 7 | Physical filing: others, alone or with those persons |
In the tables below, "First column" means the natural person, startup, small entity or educational institution amount and "Others" means the other column. Figures are in the order e-filing first column / e-filing Others / physical first column / physical Others. "NA" means "Not allowed". Who counts as a small entity, startup or educational institution is explained in our article on Rule 2: small entity, startup and educational institution. If you are planning a filing, our patent drafting and filing team can work out the fee for your category.
If an application filed by a first-column applicant is transferred wholly or partly to someone outside that class, rule 7(3) requires the difference in the scale of fees to be paid by the new applicant with the request for transfer. An Explanation says no difference is payable where a startup or small entity ceases to be one because its recognition period lapses or its turnover crosses the notified threshold.
Entries 1 to 3: application, complete specification, statement
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 1 | Application for a patent under sections 7, 54 or 135 and rule 20(1), with provisional or complete specification. Multiple of the fee for every multiple priority | 1 | 1600 / 8000 / 1750 / 8800 |
| 1(i) | Each sheet of specification beyond 30, excluding sequence listing | 160 / 800 / 180 / 880 | |
| 1(ii) | Each claim beyond 10 | 320 / 1600 / 350 / 1750 | |
| 1(iii) | Each page of sequence listing of nucleotides or amino acid sequences under rule 9(3) | 160 (maximum 24000) / 800 (maximum 120000) / NA / NA | |
| 2 | Complete specification after provisional, up to 30 pages and up to 10 claims | 2 | No fee in all columns |
| 2(i) | Each sheet beyond 30 | 160 / 800 / 180 / 880 | |
| 2(ii) | Each claim beyond 10 | 320 / 1600 / 350 / 1800 | |
| 2(iii) | Each page of sequence listing | 160 (maximum 24000) / 800 (maximum 120000) / NA / NA | |
| 3 | Statement and undertaking under section 8 | 3 | No fee in all columns |
Section 54 reduction. The table notes that an application for a patent made under section 54 is eligible for a reduction of 50 per cent in fee compared with other applications (entry 1), and a specification in such an application for a reduction of 50 per cent compared with other specifications (entry 2).
Flag. Entry 2(ii) prints 1800 as the physical-mode Others amount per extra claim, while the same head in entry 1(ii) prints 1750; we copy both as printed. The related Form articles are Rule 13 and Rule 12.
Entries 4 and 5: extension of time and declaration of inventorship
| Entry | On what payable (per month) | Form | Fee |
|---|---|---|---|
| 4(i) | Extension under sections 53(2) and 142(4), rules 13(6), 80(1A) and 130 | 4 | 480 / 2400 / 530 / 2600 |
| 4(ii) | Extension or condonation under rule 12 (as printed, "sub-rule (4) of rule 12") or rule 131 (as printed, "sub-rule (2) or rule 131") | 4 | 2000 / 10000 / 2200 / 11000 |
| 4(iii) | Extension under rule 24B(6) | 4 | 1000 / 4000 / 1100 / 4400 |
| 4(iv) | Extension under rule 24C(11) | 4 | 2000 / 10000 / 2200 / 11000 |
| 4(v) | Extension under rule 138 | 4 | 10000 / 50000 / 11000 / 55000 |
| 5 | Declaration as to inventorship under rule 13(6) | 5 | No fee in all columns |
Flag. Entry 4(ii) cites "sub-rule (4) of rule 12" although the condonation power for Form 3 is in sub-rule (5); see Rule 138 and Rule 131.
Entries 6 to 8: postdating, section 19(2), section 20
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 6 | Application for postdating | - | 800 / 4000 / 880 / 4400 |
| 7 | Application for deletion of reference under section 19(2) | - | 800 / 4000 / 880 / 4400 |
| 8(i) | Claim under section 20(1) | 6 | 800 / 4000 / 880 / 4400 |
| 8(ii) | Request for direction under section 20(4) or 20(5) | 6 | 800 / 4000 / 880 / 4400 |
Entries 9 and 10: opposition and hearing notice
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 9(i) | Notice of opposition to grant of patent under section 25(2) | 7 | 8000 / 40000 / NA / NA |
| 9(ii) | Representation opposing grant of patent under section 25(1) | 7A | 4000 / 20000 / NA / NA |
| 10 | Notice that the hearing before the Controller shall be attended under rule 62(2) | - | 1500 / 7500 / 1700 / 8300 |
Both heads in entry 9 now carry a fee and are not allowed in physical mode, so both must be filed electronically. Before the 2024 table, the pre-grant representation carried no fee. See our articles on Rule 55 and Rules 55A-56.
Entries 11 and 12: inventor mention and certificate of inventorship
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 11 | Application under section 28(2) | 8 | No fee in all columns |
| 11 | Application under sections 28(3) or 28(7) | 8 | 800 / 4000 / 880 / 4400 |
| 12 | Certificate of inventorship under rule 70A | 8A | 900 / Not applicable / 1000 / Not applicable |
Entry 12 applies only to the first column: the "Others" columns read "Not applicable". See Rule 70A: certificate of inventorship.
Entries 13 to 17: publication, amendment of patent and related requests
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 13 | Request for publication under section 11A(2) and rule 24A | 9 | 2500 / 12500 / 2750 / 13750 |
| 14 | Application under section 44 for amendment of patent | 10 | 2400 / 12000 / 2650 / 13200 |
| 15 | Application for directions under section 51(1) or 51(2) | 11 | 2400 / 12000 / 2650 / 13200 |
| 16 | Request for grant of a patent under sections 26(1) and 52(2) | 12 | 2400 / 12000 / 2650 / 13200 |
| 17 | Request for converting a patent of addition to an independent patent under section 55(1) | - | 2400 / 12000 / 2650 / 13200 |
Entries 19 and 20: amendment under section 57 and notice of opposition
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 19(i) | Amendment of application, complete specification or related documents under section 57, before grant | 13 | 800 / 4000 / 880 / 4400 |
| 19(ii) | Same, after grant | 13 | 1600 / 8000 / 1750 / 8800 |
| 19(iii) | Where the amendment is for changing name, address, nationality or address for service | 13 | 320 / 1600 / 350 / 1750 |
| 20 | Notice of opposition to an application under sections 57(4), 61(1) and 87(2), to surrender of a patent under section 63(3) or to a request under section 78(5) | 14 | 2400 / 12000 / 2650 / 13200 |
Entry 18 (renewal) is in the companion article. See Rules 81-83.
Entries 28 to 30: examination
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 28(i) | Request for examination under section 11B and (as printed) "rule 24(1)" | 18 | 4000 / 20000 / 4400 / 22000 |
| 28(ii) | Request for examination under rule 20(4)(ii) | 18 | 5600 / 28000 / 6150 / 30800 |
| 29 | Request for expedited or delayed examination under rule 24C | 18A | 8000 / 60000 / NA / NA |
| 30 | Conversion of the request for examination filed under rule 24B into a request for expedited or delayed examination under rule 24C | 18A | 4000 / 40000 / NA / NA |
Flags. Entry 28(i) cites "rule 24(1)"; the request for examination rule is 24B(1). Entries 29 and 30 speak of "expedited or delayed examination", although rule 24C has no delayed examination. See Rule 24B and Rule 24C.
Entries 55 to 59: status, withdrawal, adjournment, miscellaneous, grace period
| Entry | On what payable | Form | Fee |
|---|---|---|---|
| 55 | To be submitted for claiming the status of a small entity or startup | 28 | No fee in all columns |
| 56 | Application for withdrawing the application under section 11B(4), and rules 7(4A) and 26 | 29 | No fee in all columns |
| 57 | Request for adjournment of hearing under rule 129A (each adjournment) | - | 1000 / 5000 / 1100 / 5500 |
| 58 | Miscellaneous form under rule 8(2), when no other form is prescribed | 30 | "As applicable" |
| 59 | Grace period | 31 | 500 / 2500 / 550 / 2750 |
Entry 55 mentions only a small entity or startup; rule 7(1) and the definition in rule 2(ca) also bring educational institutions within the Form 28 requirement. See Rule 29A: grace period application in Form 31 for entry 59.
What changed against the earlier table
The 2024 table is a substitution. The changes visible in the text are: the 50 per cent reduction note for section 54; entry 4 with five heads, including condonation for Form 3 and Form 27 and extension under rule 138; fees on both heads in entry 9; no fee on an application under section 28(2); the certificate of inventorship (entry 12); no fee on a notice of offer to surrender (entry 23, in the companion article); and the new grace period head (entry 59). Amounts from the earlier table should not be used.
Practical example
Quill Labs Pvt Ltd, a startup, files its first application, e-filing, with 34 sheets and 12 claims. Under entry 1 the base fee is Rs 1600; four sheets beyond 30 at Rs 160 each add Rs 640; two claims beyond 10 at Rs 320 each add Rs 640. It files Form 28 with the application, as rule 7(1) requires. A competitor, Arc Systems Pvt Ltd, which is not in the first column, files a pre-grant representation: Rs 20000 under entry 9(ii), electronically only, because physical filing is not allowed for that head.
Need help working out the fee for your filing?
Fees depend on the category, the number of sheets and claims and the mode of filing. Our patent drafting and filing service prepares the application and the fee computation for your category.
Key takeaways
- Table I (substituted in 2024) has 59 entries and two applicant columns, each with e-filing and physical figures.
- Several heads, including both opposition heads in entry 9, expedited examination and conversion (entries 29 and 30), are not allowed in physical mode.
- Extra sheets and claims are charged beyond 30 sheets and 10 claims (entry 1).
- Form 28 accompanies every fee-bearing document of a small entity, startup or educational institution.
- Slips are printed in entries 2(ii), 4(ii) and 28(i).
- Amounts are as per the First Schedule as substituted in 2024; later changes should be checked.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- First Schedule: renewal, restoration, register and other fees
- Rule 7: fees, mode of payment and refund
- Second Schedule: list of forms, Form 1 to Form 32
- Section 142 of the Patents Act, 1970: Fees
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.