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
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
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.
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.
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