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 Below:
- 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 small entity.
- 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 entity";'
- Another clause has been inserted after rule 2(e) which defines definition of small entities as under '(ea) "small entity" means,
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 transfer.
- (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 by Form-24."
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.