The New Patent (Amendment) Rules, 2014 has come into force from February 28, 2014.
The major changes include:
- Change in fees
- Mode of filing
- A New category of applicant defined as small entity.
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
- Natural Person (Individuals) has been increased by approximately 60%.
- Small entities are approximately around 2.5 times as compared to Natural Person.
- For others (other than small entity or natural person) are approximately twice as applicable to small entities and approximately 5 times as compared to that of a natural person.
The complete fee schedule is available here.
In case of transfer of the applications from one entity to another higher entity, the difference, if any, has to be paid by the new applicant while requesting for the transfer. Further, in case of joint applicants, the highest fee category of the applicant among the Joint applicants will be applicable.
A new Form 7 A has been introduced 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.
As per the Rules, a third category of applicant for patent has been introduced in the form of “small entity”. The “small entity” is defined as:
- 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 ( approximately USD 1614990.00);
- 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 (approximately USD 807495.00).
To claim as a small entity, a new form i.e. Form 28 needs to be submitted for any new application and for any documents for which a fee has been specified. Further, the applicant has to update the patent office about the changes in the status of the applicant.
Kindly find below links to Public notice and the Patents (Amendment) Rules, 2014 for your reference.
Authors: Ms. Madhu & Mr. Arun Devdas