Latest IPO journal (journal # 11/2014) for designs has been published on 14th March 2014 with 127 registered designs.
IPO has announced the revised filing charges with 100% hike for companies and 60% for individuals. This was announced as part of the Patent (Amendment) rules 2014. Also , a new category of ‘small entity’ has been introduced as an amendment in the Indian Patent Rules. To encourage e-filing , the fees for physical filing of applications is 10% more than those filed online. So, for an individual, the physical filing fees will be Rs 1760.
Details about Indian Patent (Amendment) rules 2014 can be accessed here.
IPO has published Patent (amendments) Rules 2014, which comes into force w.e.f. 28 February 2014.
1. The salient aspects of the amended rules include:
a. A revised fee structure has been provided for filing of patent application as well as other proceedings before the Patent Office in the First as well as Fourth Schedule of the amended rules.
b. A third category of applicant for patent has been introduced in the form of “small entity” and the fees charged to them has been fixed in between the fees for a natural person and for all persons other than natural persons (except a small entity). The criteria for “small entity” have been elaborated in the amended rules.
c. A new Form-28 has been introduced in the rules, which has to accompany every new application. For subsequent documents for which a fee has been specified and for which the fee applicable for a small entity is claimed, it should be ensured that Form-28 is filed at-least once against the application number. In case of any change of status of the applicant(s) such that the benefit derived by the applicant due to its claimed status does not remain valid or applicable, it will be the responsibility of the applicant(s) to inform the Patent Office about the said change.
d. The amended rules provide for 10% additional fee when the applications for patent and other documents are filed through the physical mode, i.e., in hard copy format as opposed to the online mode.
e. 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 fee(s) between the fee(s) charged from a small entity and the fee(s) chargeable from the person other than a natural person (except a small entity) in the same matter, shall be paid by the new applicant with the 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.
2. All stakeholders should get acquainted with the amended rules and changes in the fee structure as given in the First and Fourth Schedule of the said rules. The new fee structure has come into effect concurrently with the publication of these rules and should be followed henceforth by all stakeholders in all their dealings regarding patent procedures before the Patent Office.
3. It is clarified that, in case of joint applicants, the highest fee category of the applicant among the joint applicants will be taken into consideration for the purpose of fee calculation.
4. It is further clarified that it shall be the sole responsibility of the applicant(s) to select the correct category of applicant and file all supporting documents in respect thereof while filing an application or other documents. Failure of this ·may attract the provisions of section 142(3) of the Patents Act.
The amendment rules can be accessed here.