Indian Patents (Amendment) Rules, 2014, have been published on 28th February, 2014 and published by the Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) by notification vide dated 28/02/2014 in Part II, Section 3, Sub-Section (i) of the Gazette Of India, Extraordinary on 28-2-2014 and has been made effective from the date of publication. The said rules are available on the official website of the Department of Industrial Policy and Promotion.

The salient features of the amended rules include:- A. A third category of applicant for patent has been introduced in the form of "small entity". Small entity means:

1. 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 Ten Crore Indian Rupees; and

2. In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than does not exceed Five Crore Indian Rupees.

B. Small entities need to submit form 28 along with proof of small entity status at every stage where the fee applicable for a small entity is claimed.

C. A revised fee structure has been provided for filing of patent application as well as other proceedings before the Patent Office. In general, the fees applicable for:

1. Natural Persons (Individuals) has been increased by approximately 60%.

2. Small entities are approximately around 2.5 times as compared to natural persons.

3. For others (other than small entity or natural persons) are approximately twice as applicable to small entities and approximately 5 times as compared to natural persons.

D. 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.

E. 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.

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