draft Patent (Amendment) Rules 2014 in respect of Fee Revision Published

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART 11, SECTION 3, SUB-SECTION (i)l Government of India Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) New Delhi, the 28th February, 2014 Notification G.S.R ............ (E).- whereas certain draft rules, namely the Patents (Amendment) Rules, 2013 were published as required under sub-section (3) of section 159 of the Patents Act, 1970 (39 of 1970), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), number G.S.R. 286 (E), dated the 6u, May, 2013, in the Gazette of India, Extraordinary, Part 11, Section 3, sub-section (i), dated the 6th May,2013, for inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date on which copies of the Gazette containing the notification were made available to the public; And whereas, the copies of the Gazette containing the said notification were made available to the public on the 12th June, 2013; And whereas, the objections and the suggestions received from the public on the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely:- l. (1) These rules may be called the Patents (Amendment) Rules, 2014.

1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely:- l. (1) These rules may be called the Patents (Amendment) Rules, 2014. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In rule 2 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), --- (i) after clause (d), the following clause shall be inserted, namely:--- '(da)" person other than a natural person" shall include a "small entity" ' ; (ii) after clause (t), the following clause shall be inserted, namely:--- 1 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)l Government of India Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) New Delhi, the 28 February , 2014 Notification G.S.R............(E).- whereas certain draft rules, namely the Patents (Amendment) Rules, 2013 were published as required under sub-section (3) of section 159 of the Patents Act, 1970 (39 of 1970), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), number G.S.R.

ction 159 of the Patents Act, 1970 (39 of 1970), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), number G.S.R. 286 (E), dated the 6Ǔ May, 2013, in the Gazette of India, Extraordinary, Part Il, Section 3, sub-section (i), dated the 6 May,2013, for inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date on which copies of the Gazette containing the notification were made available to the public; And whereas, the copies of the Gazette containing the said notification were made available to the public on the 12 June, 2013; And whereas, the objections and the suggestions received from the public on the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely:- 1. (I) These rules may be called the Patents (Amendment) Rules, 2014. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In rule 2 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), --- (i) after clause (d), the following clause shall be inserted, namely:--- '(da) " person other than a natural person" shall include a "small entity" ' ; (ii) after clause (f), the following clause shall be inserted, namely:--- 1

owing clause shall be inserted, namely:--- '(da) " person other than a natural person" shall include a "small entity" ' ; (ii) after clause (f), the following clause shall be inserted, namely:--- 1

'(fa) "small entity" means,- (i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (I) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and (ii) in case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for medium enterprises under clause (b) of sub-section (I) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006. Explanation I. - For the purpose of this clause, "enterprise" means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engaged in providing or rendering of any service or services in such an industry. Explanation 2.

fied in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engaged in providing or rendering of any service or services in such an industry. Explanation 2. - In calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other things as may be specified by notification under the Micro, Small and Medium Enterprises Development Act, 2006 (27 of2006), shall be excluded. Explanation 3. - The reference rates of foreign currency of the Reserve Bank of India shall prevail.'. 3. In rule 7 of the principal rules, - (i) after sub rule (1), the following provisos shall be inserted, namely:- " Provided that ten per cent. additional fee shall be payable when the applications for patent and other documents are filed through physical mode, namely, in hard copy format: Provided further that in the case of a small entity, every document, for which a fee has been specified, shall be accompanied by Form-28.".

filed through physical mode, namely, in hard copy format: Provided further that in the case of a small entity, every document, for which a fee has been specified, shall be accompanied by Form-28.". (ii) after sub-rule (3), the following sub-rule shall be inserted, namely:--- 2 '(fa) "small entity" means,- (i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (I) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and (ii) in case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for medium enterprises under clause (b) of sub-section (I) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006. Explanation l. - For the purpose of this clause, "enterprise" means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engaged in providing or rendering of any service or services in such an industry. Explanation 2.

fied in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engaged in providing or rendering of any service or services in such an industry. Explanation 2. - In calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other things as may be specified by notification under the Micro, Small and Medium Enterprises Development Act, 2006 (27 of2006), shall be excluded. Explanation 3. - The reference rates of foreign currency of the Reserve Bank of India shall prevail.'. 3. In rule 7 of the principal rules, - (i) after sub rule (1), the following provisos shall be inserted, namely:- " Provided that ten per cent. additional fee shall be payable when the applications for patent and other documents are filed through physical mode, namely, in hard copy format: Provided further that in the case of a small entity, every document, for which a fee has been specified, shall be accompanied by Form-28.". (ii) after sub-rule (3), the following sub-rule shall be inserted, namely:--- 2

n the case of a small entity, every document, for which a fee has been specified, shall be accompanied by Form-28.". (ii) after sub-rule (3), the following sub-rule shall be inserted, namely:--- 2

"(3A) In case an application processed by a small entity is fully or partly transferred to a person other than a natural person ( except a small entity), the difference, if any, in the scale of fee(s) between the fee(s) charged from a small entity and the fee(s) chargeable from the person other than a natural person ( except a small entity) in the same matter shall be paid by the new applicant with the request for transfer." ; 4. In sub- rule (1) of rule 55 of the principal rules, after the words "shall be filed", the words, figure, brackets and letter "in Form 7 (A)" shall be inserted. 5. For the First Schedule to the principle rules, the following Schedule shall be substituted, namely :--- Number "THE FIRST SCHEDULE (See rule 7) FEES For e-filing For physical filing Numb of the er On what payable relevant of Form For For person other than !:'or natural For person other entry natural natural person(s) gerson (s} than person either alone or jointly with ten natural person(s) (s) with natural person(s) per cent. either alone or additional jointly fee with natural person(s) with ten per cent. additional fee. For small For others For small For entity except entity Others small except entity small entity I.

additional jointly fee with natural person(s) with ten per cent. additional fee. For small For others For small For entity except entity Others small except entity small entity I. 2 3 4 5 6 7 8 9 Rupees Rupees Rupees Rupees Rupees Rupees 3 "(3A) In case an application processed by a small entity is fully or partly transferred to a person other than a natural person ( except a small entity), the difference, if any, in the scale of fee(s) between the fee(s) charged from a small entity and the fee(s) chargeable from the person other than a natural person ( except a small entity) in the same matter shall be paid by the new applicant with the request for transfer." : 4. In sub- rule (I) of rule 55 of the principal rules, after the words "shall be filed", the words, figure, brackets and letter "in Form 7 (A)" shall be inserted. 5. For the First Schedule to the principle rules, the following Schedule shall be substituted, namely :--- Number "THE FIRST SCHEDULE (See rule 7) FEES For e-filing For physical filing Numb of the er On what payable relevant of Form For For person other than IFor natural For person other entry natural natural person(s) person (s) than person either alone or jointly with ten natural person(s) (s) with natural person(s) per cent. either alone or additional jointly fee with natural person(s) with ten per cent. additional fee. For small For others For small For entity except entity Others small except entity small entity 1.

r additional jointly fee with natural person(s) with ten per cent. additional fee. For small For others For small For entity except entity Others small except entity small entity 1. 2 3 4 5 6 7 8 9 Rupees Rupees Rupees Rupees Rupees Rupees 3

1 2 3 4 5 6 7 8 9 I. On application for a patent l 1600 4000 8,000 1760 4400 8,800 under sections 7, 54 or 13 5 and rule 20(1) Multiple Multiple Multiple of Multiple Multiple Multiple accompanied by of 1600 in of4000 8,000 of 1760 in of4400 of8,800 provisional or complete case of in case of in case of case of in case of in case of specification- every every every every every every multiple multiple multiple multiple multiple multiple priority. priority. priority priority. priority. priority. (i) for each sheet of specification in addition to (i) I 60 (i) 400 i) 800 (i) 176 (i) 440 (i) 880 30; (ii) for each claim in (ii) 320 (ii) 800 (ii) 1,600 (ii) 352 (ii) 880 (ii) 1760 addition to 10. On filing complete 2. specification after 2 No fee No fee No fee No fee No fee No fee provisional upto 30 pages having up to IO claims- (i) for each sheet of specification in addition to ((i) 160 (i) 400 30; (i) 800 (i) 176 (i) 440 (i) 880 (ii) for each claim in (ii) 320 (ii) 800 (ii) 1,600 (ii) 352 (ii) 880 (ii) 1760 addition to 10. On filing a statement 3. and undertaking under 3 No fee Nofee No fee No fee Noree No fee section 8. On request for extension 4.

(ii) 1,600 (ii) 352 (ii) 880 (ii) 1760 addition to 10. On filing a statement 3. and undertaking under 3 No fee Nofee No fee No fee Noree No fee section 8. On request for extension 4. of time under sections 4 480 1200 2400 528 1320 2640 53(2) and 142(4), rules per per per per per per 13(6), 80(1 A) and 130. month month month month month month 4 1 2 3 1. On application for a patent 1 under sections 7, 54 or 135 and rule 20(1) accompanied by provisional or complete specification- (i) for each sheet of specification in addition to 30; (ii) for each claim in addition to 10. On filing complete 2. specification after 2 provisional upto 30 pages having up to IO claims- (i) for each sheet of specification in addition to 30; (11) for each claim in addition to 1 0. On filing a statement 3. and undertaking under 3 section 8. On request for extension 4. of time under sections 4 53(2) and 142(4), rules 13(6), 80(1 A) and 130. 4 1600 Multiple of 1600 in case of every multiple priority. (i) 160 (ii) 320 No fee ((i) 160 (ii) 320 No fee 480 per month 5 4000 Multiple of4000 in case of every multiple priority. (i) 400 (ii) 800 No fee (i) 400 (ii) 800 Nofee 1200 per month 6 7 8,000 1760 Multiple of Multiple 8,000 of 1760 in in case of case of every every multiple multiple priority priority.

00 (ii) 800 No fee (i) 400 (ii) 800 Nofee 1200 per month 6 7 8,000 1760 Multiple of Multiple 8,000 of 1760 in in case of case of every every multiple multiple priority priority. i) 800 (i) 176 (ii) 1,600 (ii) 352 No fee No fee (i) 800 (i) 176 (ii) 1,600 (ii) 352 No fee No fee 2400 528 per per month month 8 4400 Multiple of4400 in case of every multiple priority. (i) 440 (ii) 880 No fee (i) 440 (ii) 880 No fee 1320 per month 9 8,800 Multiple of 8,800 in case of every multiple priority. (i) 880 (ii) 1760 No fee (i) 880 (1i) 1760 No fee 2640 per month 4

On filing a declaration as 5 Nofee No fee Nofee Nofee Nofee No fee to inventorship under rule 13(6). On application for

postdating. 800 2000 4000 880 2200 4400 On application for deletion

of reference under section 800 2000 4000 880 2200 4400 19 (2). 8. (i) On claim under section 6 800 2000 4000 880 2200 4400 20(1); (ii) On request for direction 6 800 2000 4000 880 2200 4400 under section 20 (4) or 20 (5). (i) On filing representation 9. opposing grant of patent 7A No fee No fee No fee No fee No fee No fee under section 25( 1 ); (ii) On notice of opposition to grant of patent under section 25(2). 7 2400 6000 12000 2640 6600 13200 On giving notice that

hearing before Controller 1500 3750 7500 1650 4125 8250 shall be attended under rule 62(2). On application under 11. sections 28(2), 28(3) or 8 800 2000 4000 880 2200 4400 28(7). 5 5.

ng before Controller 1500 3750 7500 1650 4125 8250 shall be attended under rule 62(2). On application under 11. sections 28(2), 28(3) or 8 800 2000 4000 880 2200 4400 28(7). 5 5. On filing a declaration as 5 No fee No fee No fee No fee No fee No fee to inventorship under rule 13(6). On application for . 6. postdating. 800 2000 4000 880 2200 4400 On application for deletion □ 7. of reference under section 800 2000 4000 880 2200 4400 19 (2). 8. (i) On claim under section 6 800 2000 4000 880 2200 4400 20(1); (ii) On request for direction 6 800 2000 4000 880 2200 4400 under section 20 (4) or 20 (5). (i) On filing representation 9. opposing grant of patent 7A No fee No fee No fee No fee No fee No fee under section 25( 1 ); (ii) On notice of opposition to grant of patent under section 25(2). 7 2400 6000 12000 2640 6600 13200 On giving notice that . 10. hearing before Controller 1500 3750 7500 1650 4125 8250 shall be attended under rule 62(2). On application under 11. sections 28(2), 28(3) or 8 800 2000 4000 880 2200 4400 28(7). 5

aring before Controller 1500 3750 7500 1650 4125 8250 shall be attended under rule 62(2). On application under 11. sections 28(2), 28(3) or 8 800 2000 4000 880 2200 4400 28(7). 5

Request for publication 12. under section l 1A(2) and 9 2500 6250 12500 2750 6875 13750 rule24A. Application for 13. withdrawing the

1600 4000 8000 1760 4400 8800 application under section l 1B(4) and rule 26(1) before publication of the application. On request for 14. examination of application 18 for patent- (a) under section 118 and 4000 10000 20000 4400 11000 22000 rule24(1); (b) under rule 20(4Xii). 5600 14000 28000 6160 15400 30800 On application under 15. section 44 10 2400 6000 12000 2640 6600 13200 for amendment of patent. On application for 16. directions under section 11 2400 6000 12000 2640 6600 13200 51(1) or 51(2). 17. On request for grant of a patent under sections 26( 1) 12 2400 6000 12000 2640 6600 13200 and 52(2). 6 Request for publication 12. under section 11A(2) and 9 2500 6250 12500 2750 6875 13750 rule24A. Application for 13. withdrawing the i  1600 4000 8000 1760 4400 8800 application under section 11B(4) and rule 26(1) before publication of the application. On request for 14. examination of application 18 for patent- (a) under section 118 and 4000 10000 20000 4400 11000 22000 rule24(1); (b) under rule 20(4)(ii). 5600 14000 28000 6160 15400 30800 On application under 15.

pplication 18 for patent- (a) under section 118 and 4000 10000 20000 4400 11000 22000 rule24(1); (b) under rule 20(4)(ii). 5600 14000 28000 6160 15400 30800 On application under 15. section 44 10 2400 6000 12000 2640 6600 13200 for amendment of patent. On application for 16. directions under section 11 2400 6000 12000 2640 6600 13200 51(1) or 51(2). 17. On request for grant of a patent under sections 26(1) 12 2400 6000 12000 2640 6600 13200 and 52(2). 6

On request for converting a

patent of addition to an 2400 6000 12000 2640 6600 13200 independent patent under section 55 (I). 19. For renewal of a patent under section 53- (i) before the expiration of the

2nd year from the date of 800 2000 4000 880 2200 4400 patent in respect of 3rd year; (ii) before the expiration of

the 3n1 year in respect of 800 2000 4000 880 2200 4400 the 4th year; (iii)

the 4 th year in respect of 800 2000 4000 880 2200 4400 the 5th year; (iv)

the 5th year in respect of 800 2000 4000 880 2200 4400 the 6 th year; (v)

the 6th year in respect of the 7th year; 2400 6000 12000 2640 6600 13200 (vi)

the 7th year in respect of the 8th year; 2400 6000 12000 2640 6600 13200 (vii) before the expiration of

the 811' year in respect of the 9th year; 2400 6000 12000 2640 6600 13200 7 On request for converting a
 18. patent of addition to an 2400 6000 12000 2640 6600 13200 independent patent under section 55 (1). 19.

h year; 2400 6000 12000 2640 6600 13200 7 On request for converting a
 18. patent of addition to an 2400 6000 12000 2640 6600 13200 independent patent under section 55 (1). 19. For renewal of a patent under section 53- (1) before the expiration of the . 2 year from the date of 800 2000 4000 880 2200 4400 patent in respect 0f 3 year; (ii)  the 3 year in respect of 800 2000 4000 880 2200 4400 the 4th year; (iii)  the 4 year in respect of 800 2000 4000 880 2200 4400 the 5 year; (iv) a the 5 year in respect of 800 2000 4000 880 2200 4400 the 6 year; (v)

the 6 year in respect of the 7 *year; 2400 6000 12000 2640 6600 13200 (vi)

the 7 year in respect of the 8 year; 2400 6000 12000 2640 6600 13200 (vii) before the expiration of a the 8 year in respect of the 9 year; 2400 6000 12000 2640 6600 13200 7

(viii) before the expiration of

the 9th year in respect of the 1 0th year; 2400 6000 12000 2640 6600 13200 (ix)

the 1 Oth year in respect of the.

00 6000 12000 2640 6600 13200 7

(viii) before the expiration of

the 9th year in respect of the 1 0th year; 2400 6000 12000 2640 6600 13200 (ix)

the 1 Oth year in respect of the. 11th year; 4800 12000 24000 5280 13200 26400 (x)

the 11 d, year in respect of the 12th year; 4800 12000 24000 5280 13200 26400 (xi)

the 121" year in respect 4800 12000 24000 5280 13200 26400 of the 13th year; (xii)

the 13th year in respect of the 14th year; 4800 12000 24000 5280 13200 26400 (xiii) before the expiration of

the 14th year in respect 4800 12000 24000 5280 13200 26400 of the 15th year; (xiv)

the 15~' year in respect of 8000 20000 40000 8800 22000 44000 the 16th year; (xv)

the 16th year in respect of 8000 20000 40000 8800 22000 44000 the 17tlt year; (xvi) before the expiration of

the I 7th year in respect of the 18th year; 8000 20000 40000 8800 22000 44000 8 (viii)

the 9th year in respect of the 10 year; 2400 6000 12000 2640 6600 13200 (ix) the 10 year in respect of the 11 year; 4800 12000 24000 5280 13200 26400 (x) the 11ò year in respect of the 12 year; 4800 12000 24000 5280 13200 26400 (xi) the 12 year in respect 4800 12000 24000 5280 13200 26400 of the 13 year; (xii) a the 13th year in respect 4800 12000 24000 5280 13200 26400 of the 14 year; (xiii) before the expiration of the 14 year in respect 4800 12000 24000 5280 13200 26400 of the 15 year;

a the 13th year in respect 4800 12000 24000 5280 13200 26400 of the 14 year; (xiii) before the expiration of the 14 year in respect 4800 12000 24000 5280 13200 26400 of the 15 year; (xiv) before the expiration of

the 15year in respect of 8000 20000 40000 8800 22000 44000 the 16 year; (xv) the 16 year in respect of 8000 20000 40000 8800 22000 44000 the 17 year; (xvi) before the expiration of the 17 year in respect of the 18 year; 8000 20000 40000 8800 22000 44000 8

(xvii) before the expiration of

the 18th year in respect of the I 9th year; 8000 20000 40000 8800 22000 44000 (xviii) before the expiration of the 19th year in respect 8000 20000 40000 8800 22000 44000 of the 20th year. On application for 20. amendment of application 13 for patent or complete s pee i fication or other related documents under section 57~ (i) before grant of patent; 800 2000 4000 880 2200 4400 (ii) after grant of patent; 1600 4000 8000 1760 4400 8800 (iii) where amendment is for changing name or address or nationality or address 320 800 ]600 352 880 1760 for service. On notice of opposition to 21. an application under 14 2400 6000 12000 2640 6600 13200 sections 57(4), 61(1) and 87(2) or to surrender a patent under section 63(3) or to a request under section 78(5). On application for 22. restoration of a patent 15 2400 6000 12000 2640 6600 13,200 under section 60. .. Additional fee for

restoration.

or to a request under section 78(5). On application for 22. restoration of a patent 15 2400 6000 12000 2640 6600 13,200 under section 60. .. Additional fee for

restoration. 4800 12000 24000 5280 13200 26400 9 (xvii) before the expiration of

the 18 year in respect of the 19 year; 8000 20000 40000 8800 22000 44000 (xviii) before the expiration of the 19 year in respect 8000 20000 40000 8800 22000 44000 of the 20 year. On application for 20. amendment of application 13 for patent or complete spe cification or other related documents under section 57 (1) before grant of patent; 800 2000 4000 880 2200 4400 (ii) after grant of patent; 1600 4000 8000 1760 4400 8800 (ii i) where amendment is for changing name or address or nationality or address 320 800 1600 352 880 1760 for service. On notice of opposition to 21. an application under 14 2400 6000 12000 2640 6600 13200 sections 57(4), 61(1) and 87(2) or to surrender a patent under section 63(3) or to a request under section 78(5). On application for 22. restoration of a patent 15 2400 6000 12000 2640 6600 13,200 under section 60. Additional fee for

restoration. 4800 12000 24000 5280 13200 26400 9

. On application for 22. restoration of a patent 15 2400 6000 12000 2640 6600 13,200 under section 60. Additional fee for

restoration. 4800 12000 24000 5280 13200 26400 9

On notice of offer to 24. surrender a patent under

1000 2S00 5000 ll00 2750 S500 section 63. 25 On application for the entry in the register of 16 1600 4000 8,000 1760 4400 8,800 patents of the name of a person entitled to a patent (1n respect (In (In respect (In respect (In (In or as a share or as a of each respect of each of each respect respect mortgage or as licensee or patent) of each patent) patent) of each of each as otherwise or for the patent) patent) !Patent) entry in the register of patents of notification of a document under sections 69( I) or 69(2) and rules 90(1) or 90(2). On application for

alteration of an entry in the 320 800 1600 352 880 1,760 register of patents or register of patent agent under rules 94( l) or rule 118(1). On request for entry of

an additional address for 800 2000 4000 880 2200 4,400 service in the Register of Patents under rule 94(3). On application for 28. compulsory license under 17 2400 6000 12000 2640 6600 13200 sections 84(1), 91 (1), 92(1) and 92A. 10 On notice of offer to 24. surrender a patent under . . lOOO 2500 5000 ll00 2750 5500 section 63.

nder 17 2400 6000 12000 2640 6600 13200 sections 84(1), 91 (1), 92(1) and 92A. 10 On notice of offer to 24. surrender a patent under . . lOOO 2500 5000 ll00 2750 5500 section 63. 25 On application for the entry in the register of 16 1600 4000 8,000 1760 4400 8,800 patents of the name of a person entitled to a patent (In respect (In (In respect (In respect (In (In or as a share or as a of each respect of each of each respect respect mortgage or as licensee or patent) of each patent) patent) of each of each as otherwise or for the patent) patent) patent) entry in the register of patents of notification of a document under sections 69(1) or 69(2) and rules 90(1) or 90(2). On application for .  26. alteration of an entry in the 320 800 1600 352 880 1,760 register of patents or register of patent agent under rules 94(1) or rule 118(1). On request for e n tr y of .. 27. an additional address for 800 2000 4000 880 2200 4,400 service in the Register of Patents under rule 94(3). On application for 28. compulsory license under 17 2400 6000 12000 2640 6600 13200 sections 84(1), 91 ( 1), 92( 1) and92A. 10

,400 service in the Register of Patents under rule 94(3). On application for 28. compulsory license under 17 2400 6000 12000 2640 6600 13200 sections 84(1), 91 ( 1), 92( 1) and92A. 10

On application for 29. revocation of a patent 19 2400 6000 12000 2640 6600 13200 under section 85(1). On application for revision 30. of terms and conditions of 20 2400 6000 12000 2640 6600 13200 licence under section 88(4). On request for termination 31. of compulsory licence 21 2400 6000 12000 2640 6600 13200 under section 94. On application for 32. registration as a patent 22 3200

3520

agent under rule 109 (1) or 112. On request for appearing 33. in the qualifying

1600

1760

examination under rule 109(3). For continuance of the 34. name ofa person in the register of patent agent- (i) for the I st year to be paid along with

800

880

registration; (ii) for every year excluding the I st year to be

800

880

paid on the I st April in each year. 11 On application for 29. revocation of a patent 19 2400 6000 12000 2640 6600 13200 under section 85(1). On application for revision 30. of terms and conditions of 20 2400 6000 12000 2640 6600 13200 licence under section 88(4). On request for termination 31. of compulsory licence 21 2400 6000 12000 2640 6600 13200 under section 94. On application for 32. registration as a patent 22 3200 a

3520

a agent under rule 109 (1) or 112. On request for appearing 33. in the qualifying a.

0 6600 13200 under section 94. On application for 32. registration as a patent 22 3200 a

3520

a agent under rule 109 (1) or 112. On request for appearing 33. in the qualifying a. 1600 ä a 1760 a examination under rule 109(3). For continuance of the 34. name of a person in the register of patent agent- (i) for the 1å year to be paid along with a 800 æ a 880

registration; (ii) for every year excluding theist year to be

800 □ . 880 .  paid on the 1st April in each year. 11

On application for

duplicate certificate of 1600

1760 patent agent under

rule 11 lA. On application for 1600 1760 36. restoration of 23 (Plus

(Plus

the name of a person in continuatio continuatio the n fee under n fee under register of patent agents entry entry under number number rule 117(1). 34) 34) On a request for correction

of clerical error under section 78(2). 800 2000 4000 880 2200 4400 On application for review 38. or setting aside the 24 1600 4000 8000 1760 4400 8800 decisions or order of the controller under section 77(1) (t) or 77(1) (g). On application for 39 permission for applying 25 1600 4000 8000 1760 4400 8800 patent outside India under section 39 and rule 71 (1 ). On application for 40 duplicate

1600 4000 8000 1760 4400 8800 patent under section 154 and rule 132. 12 On application for .. 35. dup1 icate certificate of 1600 . 1760 patent agent under .  rule 11lA. On application for 1600 1760 36.

00 8800 patent under section 154 and rule 132. 12 On application for .. 35. dup1 icate certificate of 1600 . 1760 patent agent under .  rule 11lA. On application for 1600 1760 36. restoration of 23 (Plus e  (Plus   the name of a person in continuatio continuatio the n fee under n fee under register of patent agents entry entry under number number rule 117(1). 34) 34) On a request for correction .. 37. of clerical error under section 78(2). 800 2000 4000 880 2200 4400 On application for review 38. or setting aside the 24 1600 4000 8000 1760 4400 8800 decisions or order of the controller under section 77(1} (f) or 77(1) (g). On application for 39 permission for applying 25 1600 4000 8000 1760 4400 8800 patent outside India under section 39 and rule 71(1 ). On application for 40 duplicate .. 1600 4000 8000 1760 4400 8800 patent under section 154 and rule 132. 12

000 1760 4400 8800 patent outside India under section 39 and rule 71(1 ). On application for 40 duplicate .. 1600 4000 8000 1760 4400 8800 patent under section 154 and rule 132. 12

On request for certified

41 copies under section 72 1000 2500 5000 1100 2750 5500 or for certificate under ( up to 30 ( up to ( up to 30 ( up to 30 (up to ( up to section 147 and rule 133. pages 30 pages pages pages and, 30 pages 30 pages and, and, and, thereafter, and, and, thereafter, thereafter thereafter, 30 for each thereafter thereafter 30 for , 75 for 150 for extra page) , 75 for , 150 for each extra each each each each page) extra extra extra extra page) page) page) page) thereafter) thereafter ) For certifying office

42 copies, printed each. 800 2000 4000 880 2200 4400

43 On request for inspection 320 800 1600 352 880 1760 of register under section 72, inspection under rule 27 or rule 74A. On request for information 44 under sections 127, 132

480 1200 2400 528 1320 2640 and 153 and rule 135. On form of authorisation 45 of patent agent. 26 No fee No fee No fee No fee No fee No fee On petition not 46 otherwise provided for.

1600 4000 8000 1760 4400 8800 13 On request for certified .  41 copies under section 72 1000 2500 5000 1100 2750 5500 or for certificate under ( up to 30 ( up to ( up to 30 ( up to 30 ( up to ( up to section 147 and rule 133.

for certified .  41 copies under section 72 1000 2500 5000 1100 2750 5500 or for certificate under ( up to 30 ( up to ( up to 30 ( up to 30 ( up to ( up to section 147 and rule 133. pages 30 pages pages pages and, 30 pages 30 pages and, and, and, thereafter, and, and, thereafter, thereafter thereafter, 30 for each thereafter thereafter 30 for , 75 for 150 for extra page) , 75 for , 150 for each extra each each each each page) extra extra extra extra page) page) page) page) thereafter) thereafter ) For certifying office  a 42 copies, printed each. 800 2000 4000 880 2200 4400 . 43 On request for inspection 320 800 1600 352 880 1760 of register under section 72, inspection under rule 27 or rule 74A. On request for information 44 under sections 127, 132 . 480 1200 2400 528 1320 2640 and 153 and rule1 35. On form of authorisation 45 of patent agent. 26 No fee No fee No fee No fee No fee No fee On petition not 46 otherwise provided for. .  1600 4000 8000 1 760 4400 8800 13

e1 35. On form of authorisation 45 of patent agent. 26 No fee No fee No fee No fee No fee No fee On petition not 46 otherwise provided for. .  1600 4000 8000 1 760 4400 8800 13

For supplying of 47 photocopies of the

8 8 8 8 8 8 documents per page. Transmittal fee for

48 International 3200 8000 16000 3250 8800 17600 application. For preparation of certified

1000 2500 5000 1100 2750 5500 49 copy of priority document (up to 30 (up to 30 (up to 30 (up to 30 (up to 30 (up to 30 and for transmission of the pages pages pages and, pages and, pages pages same to the international and, and, thereafter, thereafter, and, and, Bureau of World thereafter, thereafter 150 for 30 for each thereafter, thereafter Intellectual Property 30 for , 75 for each extra extra page) 75 for , 150 for Organisation. each extra each page) each each page) extra extra extra page) page) page) 50 On statement regarding working of a patented 27 No fee No fee No fee No fee No fee No fee invention on a commercial scale in India under section 146(2) and rule 131 (I). Note: All the Forms, Applications, Requests, Notices and Petitions shall be filed in duplicate unless otherwise specified in the rules. 6. In the Second Schedule to the principle rules, in the "LIST OF FORMS"~ (i) after "Form No. 7'', the following shall be inserted, namely :- "7A.

uplicate unless otherwise specified in the rules. 6. In the Second Schedule to the principle rules, in the "LIST OF FORMS"~ (i) after "Form No. 7'', the following shall be inserted, namely :- "7A. Section 25(1) and rule 55 (I) For filing a representation opposing grant of a patent under sub-section (1) of section 25."; 14 47 48 49 50 For supplying of photocopies of the a  8 8 8 8 8 8 documents per page. Transmittal fee for . International 3200 8000 1 6000 3250 8800 17600 application. For preparation of certified as 1 000 2500 5000 1 1 00 2750 5500 copy of priority document (up to 30 (up to 30 (up to 30 (up to 30 (up to 30 (up to 30 and for transmission of the pages pages pages and, pages and, pages pages same to the International and, and, thereafter, thereafter, and, and, Bureau of World thereafter, thereafter 1 50 for 30 for each thereafter, thereafter Intellectual Property 30 for , 75 for each extra extra page) 75 for , 1 50 for Organisation. each extra each page) each each page) extra extra extra page) page) page) On statement regarding working of a patented 27 No fee No fee No fee No fee No fee No fee invention on a commercial scale in India under section 146(2) and rule 1 3 1 (I ). Note: All the Forms, Applications, Requests, Notices and Petitions shall be filed in duplicate unless otherwise specified in the rules. 6. In the Second Schedule to the principle rules, in the "LIST OF FORMS"- (i) after "Form No. 7", the following shall be inserted, namely :- "7A.

duplicate unless otherwise specified in the rules. 6. In the Second Schedule to the principle rules, in the "LIST OF FORMS"- (i) after "Form No. 7", the following shall be inserted, namely :- "7A. Section 25(1) and rule 55 (1) For filing a representation opposing grant of a patent under sub-section (1) of section 25.°; 14

(ii) . after "Form No. 27", the following shall be inserted, namely :- "28. Rules 2(fa) and 7 To be submitted by a small entity with every document for which a fee has specified". 7. In the Second Schedule to the principle rules,- (i) after Form 7, the following Form shall be inserted, namely :• "FORM 7A THE PATENTS ACT, 1970 (39 OF 1970) AND THE PATENTS RULES, 2003 REPRESENTATION FOR OPPOSITION TO GRANT OF PATENT [see rule 55]

1. State names, address and nationality.
2. State the grounds taken one after another.
3. Complete address including postal index number/code and state along with telephone and fax number.
4. To be signed by the opponent or by his/her authorized registered patent agent. I/We, ....................................... . hereby give representation by way of opposition to the grant of patent in respect of application no ................. dated ............... . made by ........... and published on on the grounds ............................ . My/our address for service in India is Signature been
5. Name and designation of the natural person who has signed. ( ............................. ) To The Controller of Patents, The Patent Office, At ...................... " ; 15 (ii) .

been 5. Name and designation of the natural person who has signed. ( ............................. ) To The Controller of Patents, The Patent Office, At ...................... " ; 15 (ii) . after "Form No. 27", the following shall be inserted, namely :- "28. Rules 2(fa) and 7 To be submitted by a small entity with every document for which a fee has specified". 7. In the Second Schedule to the principle rules,- (i) after Form 7, the following Form shall be inserted, namely :­ "FORM 7A THE PATENTS ACT, 1970 (39 OF 1970) AND THE PATENTS RULES, 2003 REPRESENTATION FOR OPPOSJTION TO GRANT OF PATENT [see rule 55] 1 . State names, address and nationality. 2. State the grounds taken one after another. 3. Complete address including postal index number/code and state along with telephone and fax number. 4. To be signed by the opponent or by his/her authorized registered patent agent. I/We, . hereby give representation by way of opposition to the grant of patent in respect of application no dated . made by and published on on the grounds . My/our address for service in India is Signature been 5. Name and designation of the natural person who has signed. ( · · · · · · ··) To The Controller of Patents, The Patent Office, At " ;
15

address for service in India is Signature been 5. Name and designation of the natural person who has signed. ( · · · · · · ··) To The Controller of Patents, The Patent Office, At " ;
15

(ii) after Form 27, the following Form shall be inserted, namely:- "FORM 28 THE PATENTS ACT, 1970 (39 of 1970) AND THE PATENTS RULES, 2003 TO BE SUBMITTED BY A SMALL ENTITY (See rules 2(fa) and 7] Insert name, address and nationality. State the particulars of the documents. To be signed by the applicant(s) / patentee (s) / authorised registered patent agent. Name of the natural person who has signed. Designation and official seal, if any, of the person who has signed. To The Controller of Patents, The Patent Office, At .................................... . I/We ...................................................... . applicant/patentee in respect of the patent application no .................... or patent no ........... . hereby declare that Vwe am/are a small entity in accordance with rule 2(fa) and submit the following document(s) as proof: (i.) Evidence of registration under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006 (in case oflndian entities). (ii.) Any other document (in case of foreign entities). The information provided herein is correct to the best of my/our knowledge and belief. Dated this .......... day of ............. 20 .. . Signature ........................ . (Name) ........................... . (Designation) .................... .

of my/our knowledge and belief. Dated this .......... day of ............. 20 .. . Signature ........................ . (Name) ........................... . (Designation) .................... . Note: Indian entities shall submit the evidence mentioned above to be eligible for claiming the status of a small entity.". 16 (Name) ........................... . (Designation) .................... . (ii) after Form 27, the following Form shall be inserted, namely :­ "FORM 28 THE PATENTS ACT, 1970 (39 0f 1970) AND THE PATENTS RULES, 2003 TO BE SUBMITTED BY A SMALL ENTITY (See rules 2(fa) and 7] Insert name, address and nationality. State the particulars of the documents. To be signed by the applicant(s) / patentee (s) / authorised registered patent agent. Name of the natural person who has signed. Designation and official seal, if any, of the person who has signed. To The Controller of Patents, The Patent Office, At. . I/We " " · - · applicant/patentee in respect of the patent application no or patent no .. hereby declare that I/we am/are a small entity in accordance with rule 2(fa) and submit the following document(s) as proof: (i.) Evidence of registration under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006 (in case oflndian entities). (ii.) Any other document (in case of foreign entities). The information provided herein is correct to the best of my/our knowledge and belief. Dated this day of 20 . Signature ..

n entities). (ii.) Any other document (in case of foreign entities). The information provided herein is correct to the best of my/our knowledge and belief. Dated this day of 20 . Signature ..
        

Name Designation Note: Indian entities shall submit the evidence mentioned above to be eligible for claiming the status of a small entity.". 16

8. For the Fourth Schedule to the principle rules, the following Schedule shall be substituted, namely :- Number Matter in respect of of entry which cost to be awarded 1 2 1 For notice of opposition under sections 25, 57, 60, 63, 78, 87(2) or 88(4). 2 For application for compulsory licence under sections 84(1 ), 91(1) or 92(1). 3 For application for revision of terms and conditions of licence under section 88(4). 4 For notice of intention to attend the hearing under rule 62(2). 5 Stamp fee for power of lattomey where a patent agent or other person has been appointed or stamp fee in respect of elevant affidavits. "THE FOURTH SCHEDULE [See proviso to rule 136(1)] Amount in fees ( in rupees) For natural person(s) For person other than natural person(s) either alone or jointly with natural person (s) For small entity For others except small entity 3 4 5 12400 6000 12000 1500 3000 6000 12400 ~000 12000 1500 GOOO ~000 rrhe amount actually rI'he amount actually rI'he amount 1Paid. tpaid. !actually paid. 17

pt small entity 3 4 5 12400 6000 12000 1500 3000 6000 12400 ~000 12000 1500 GOOO ~000 rrhe amount actually rI'he amount actually rI'he amount 1Paid. tpaid. !actually paid. 17 8. For the Fourth Schedule to the principle rules, the following Schedule shall be substituted, namely :- Number Matter in respect of of entry which cost to be awarded 1 2 1 For notice of opposition under sections 25, 57, 60, 63, 78, 87(2) or 88(4). 2 For application for compulsory licence under sections 84(1), 91(1) or 92(1). 3 For application for revision of terms and conditions of licence under section 88(4) 4 For notice of intention to attend the hearing under rule 62(2). 5 Stamp fee for power of attorney where a patent agent or other person has been appointed or stamp fee in respect of elevant affidavits. "THE FOURTH SCHEDULE [See proviso to rule 136(1)] Amount in fees ( in rupees) For natural person(s) For person other than natural person(s) either alone or jointly with natural person (s) For small entity For others except small entity 3 4 5 2400 6000 12000 1 500 13000 6000 2400 16000 12000 1500 3000 6000 The amount actually The amount actually The amount paid. paid. actually paid. 1 7

hers except small entity 3 4 5 2400 6000 12000 1 500 13000 6000 2400 16000 12000 1500 3000 6000 The amount actually The amount actually The amount paid. paid. actually paid. 1 7

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]·nr writlt' :1 , w1c 11:c1:: ,..,ooo w:dcr rn '.e 57 or r,:ply i ; s:n1e1rn: nt under nik 58; • or f'·>r ,· ·1ch aifah vil if 1 ,l .:, . <. (. ; relevant . ' j-- · I For each documem of ' 7 1600 • publication produced in the proceedings, if relevant

8 For each unnecessary 1600 or irrelevant affidavit or citation. 9 For every day or part 4000 day of hearing before the Controller. ~woo

• r· 1600 4000 I I t°"° _ _ _ I I

---

2000 5000". [F.No. 14/6/2012-IPR-JII] o.v.~,s~e,.,,,. Footnote:- The principal rules were published in the Gazette oflndia vide notification number, S.O.493 (E), dated the 2nd May, 2003 , •• . and subsequently amended vide notification number - (i) S.O. 1418 (E), dated the 28th December,2004; (ii) S.O. 657 (E), dated the 5th May, 2006; and (iii) S.O. 2296 (E), dated the 25th September, 2012. (iv) S.O. 1029 (E), dated 23rc1 April, 2013. 18 • or f'·>r ,· ·1ch aifah vil if 1 ,l .:, . <. (. ; relevant . I [F.No. 14/6/2012-IPR-JII] o.v.~,s~e,.,,,. I under rule 57 or reply stateƽment under rule 58   ••□ i00 0 for eh afti da it, i f ! Or !or eac n a! iu avƾ 1, 1 I 4000 I { relevant . 11 600 rooo I j--· I For each document of ƿ .. 7 1 600 ǀ i publication produced in the proceedings, if relevant 8 For each unnecessary or irrelevant affidavit or citation.

relevant . 11 600 rooo I j--· I For each document of ƿ .. 7 1 600 ǀ i publication produced in the proceedings, if relevant 8 For each unnecessary or irrelevant affidavit or citation. 9 For every day or part day of hearing before the Controller. ǁ ǂ 1 600 1600 4000 4000 2000 -. 5000°. Sign of D.V.Prasad,Joint S ecretary Footnote:- The principal rules were published in the Gazette of India vide notification number, S.O.493 (E), dated the 2May, 2003 . and subsequently amended vide notification number (i) S.O.1418 (E), dated the 28 December,2004; (ii) S.O. 657 (E), dated the 5 May, 2006; and (iii) S.O. 2296 (E), dated the 25 September, 2012. (iv) S.O. 1029 (E), dated 23 April, 2013. 18