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
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
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
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
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.
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