The Indian Patent Office published the Indian Patents (Amendment) Rules, 2014 which have come effective from Friday, 28th of February, 2014. The salient features of Patent Rules 2014 are
a) A revised fee structure has been provided for filing of patent application as well as other proceedings before the Patent office.
b) A third category of Applicant in the form of "small entity" has been introduced apart from the natural person and for all persons other than the natural persons.
The criteria for "small entity" has been included under Rule 2 (fa) which are as follows,
i. in case an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of subsection (1) of Section 7 of The Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006);
Accordingly as per this those enterprises will be considered as "small entity" wherein the investment of such an enterprise in plant and machinery does not exceed INR 100,000,000 Crore (approximately USD 1,636,000).
ii. in case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for medium enterprises under clause (b) of sub-section (1) of Section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006).
Accordingly as per this those enterprises will be considered as "small entity" wherein the investment of such an enterprise in equipment does not exceed INR 50,000,000
c) The basic fee for filing a patent application has been revised based on the mode which the applicant opts to lodge his/her application. The different modes available for filing a Patent Application are through e-filing or in a physical form (i.e. submit physical copy of the application). The amended rules provide for 10% additional fee than the online filing of the application. The basic fee includes an application comprising 30 pages of specification and 10 claims.
The revised fee structure for basic filing fee of the application is follows as below:
a. For a natural person making an e-filing the basic filing fee has been raised by from INR 1000 to INR 1600 and for physical filing basic filing fee has been raised from INR 1000 to INR 1760;
b. For persons other natural persons which includes the small entity and others except the small entity (i.e. the Large Entity), the basic e-filing fee for small entities is INR 4000 and for physical filing the basic fee is INR 4400; whereas for the large entity the basic e-filing fee has been increased from INR 4000 to INR 8000 and for physical filing the basic fee has been raised from INR 4000 to INR 8800.
d) Further, a new Form-28 has been introduced with the rules, has to accompany every new application. The small entities need to submit form 28 atleast once against the application number, for subsequent documents for which a fee has been specified and for which the fee application for a small entity is claimed. In case if the status of the applicant(s) change, the benefit derived from claimed 'small entity' status is no longer valid or applicable, therefore it is the responsibility of the applicant(s) to inform the Patent Office about the said change.
e) In case of an application processed as a small entity is transferred to a person other than a natural person (except small entity), the difference in the scale of fees between the fee(s) charged from a small entity and the fee(s) applicable from a person other than a natural person (except small entity) in the same matter has to be paid by the new applicant with a request for transfer.
f) 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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