Recently, The Controller General of Patents, Design and Trade
Marks (CGPDTM) has issued a Public Notice dated January 01, 2015,
where amendment in design rules and fees has been provided. Such
amendment is related to official fees for filing a new Design
application as well as other proceedings of Design in India.
Further, two main categories of Applicant has also been mentioned
and applicable fee shall depend on type of applicant.
The Important Aspect Of Amendment Rules Are Produced
Applicants have been divided in two main categories namely:
"natural person" and "other than natural
person(s)" categories. Second category of applicants has been
further divided in to two sub-categories 1.) "small
entity" 2.) "others except small entity" and fee
structure is amended accordingly.
New form – 24 has been introduced which has to be
submitted with all new applications for claiming the status of
Addition of new clauses in Design Rules: A new clause has been
inserted after rule 2(c) as under '(ca) "person other than
a natural person", shall include a "small
Another clause has been inserted after rule 2(e) which defines
definition of small entities as under '(ea) "small
In case of enterprise engaged in the manufacture or production
of goods, an enterprises where the investment in plant and
machinery does not exceed the limit specified for a medium
enterprise under clause (a) of sub-section (1) of the section (7)
of the Micro, Small and Medium Enterprises Development Act , 2006
(27 of 2006); and
In case of enterprise engaged in providing or rendering of
services, an enterprises where the investment is not more than the
limit specified for a medium enterprise under clause (b) of
sub-section (1) of the section (7) of the Micro, Small and Medium
Enterprises Development Act , 2006 (27 of 2006);
In rule 5(2) after clause (d), two new clauses have been
inserted, as under: "(e) in case an application processed by a
natural person is fully or partly transferred to a person other
than a natural person, the difference, if any , in the scale of
fees between the fees charged from a natural person and the fees
chargeable from the person other than natural person in the same
matter shall be paid by the new applicant with the request for
(f ) 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
fees between the fees charged from the small entity and the fees
chargeable from the person other than natural person (except a
small entity) in the same matter shall be paid by the new applicant
with the request made for such transfer."
In rule 6 after sub-rule (1), the following proviso has been
inserted: "Provided that in the case of small entity, every
document, for which a fee has been specified, shall be accompanied
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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