This is an alert with respect to recent Publication and Notification of Patent (Amendment) Rules, 2014 by the Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide notification No. CG/F/Public Notice/2014/307 dated 28/02/2014 and these rules are effective from the date of publication i.e. 28/02/2014.
The important aspect of amendment Rules are produced below:
- Fee structure has been revised for filing of patent application as well as other proceedings before the Patent Office.
- A third category of applicant for patent has been introduced in the form of "small entity" and the fees charged to them has been fixed in between the fees for a natural person and for all persons other than natural persons (except a small entity). The criteria for "small entity" have been elaborated in the amended rules.
- A new Form-28 has been introduced in the rules, which has to accompany every new application. For subsequent documents for which a fee has been specified and for which the fee applicable for a small entity is claimed, it should be ensured that Form-28 is filed at-least once against the application number.
- The amended rules provide for 10% additional fee when the applications for patent and other documents are filed through the physical mode, i.e., in hard copy format as opposed to the online mode.
- A new Form 7 (A) has been provided for filing "Representation Opposing Grant Of Patent" under sub-section (1) of section 25 and sub-rule (1) of Rule 55 of the principal rules. However no fee shall be payable for the same.
As regards above notification the revised Fee Schedule is in effect from 28th February, 2014. Click here to see the same.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
