The Office of the Controller General of Patents, Designs and Trademarks has published the Indian Patents (Amendment) Rules, 2014.
Key changes include the introduction of a third category of patent applicant in the form of “small entity”. A small entity is defined as an enterprise engaged in the manufacture or production of goods where the investment in plant and machinery does not exceed ₹100 million (US$1.6 million). In the case of an enterprise which provides services, a small entity would be one where the investment in plant and machinery is no more than ₹50 million.
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Small entities must submit Form 28 along with proof of their small entity status at each stage where the fee applicable for a small entity is claimed. The patent application filing fee for a small entity will be ₹4,000, compared with ₹8,000 for other businesses.
Other changes include a rise in the patent application filing fee for individual applicants, to ₹1,600 from ₹1,000. For all applicants, applications filed physically instead of electronically will incur an additional fee of 10% of the application fee. Where joint applications are filed, the highest fee category among the joint applicants will be incurred.
The amendments introduce a new form, 7(A), to file “representation opposing grant of patent” under section 25(1) of the Patents Act, 1970, and rule 55(1) of the rules. No fees are required for this form.
“All stakeholders should get acquainted with the amended rules and changes in the fee structure,” said Chaitanya Prasad, the controller general of patents, designs and trademarks.
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