Online Patent Filing is Cost Effective| Patents Amendment Rules 2014 |New Form 28 and Form 7A notified by CGPDTM| Patent Filing of patent application Before Indian Patent Office The Patent (Amendment) Rules, 2014 has come in force. Salient features of the introduced patent rules includes rise in patent official fee and an introduction of small entity to which a separate reduced patent official fees shall be applicable ( Patent Fees charged to them has been fixed in between the fees for a natural person and a company). Online filing of patents will have reduced patent fee schedule, offline patent filing fees will be high. Form 28 and Form 7A are the new patent forms introduced in the patent procedure.

1. (Tel):  022-24132735
022-24144525
PATENTS/DESIGNS/
TRADE MARKS/
GEOGRAPHICAL
INDICATIONS.
Government of India
Office of The Controller General
Patents, Designs & Trade Marks
Boudhik Sampada Bhavan,
S.M. Road, Antop Hill,
Mumbai-400 037, India.
No. CG/F/Public Notice/2014/307
(Fax):  022-2412 3322
022-24172288
(Email): cgoffice-mh@nic.in
(website): www.ipindia.nic.in
Date: 28-02-2014
PUBLIC NOTICE
It is brought to the notice of the public that the Patent (Amendment) Rules, 2014 has been
published by the Government of India, Ministry of Commerce and Industry (Department of Industrial
Policy and Promotion) by notification vide dated 28/02/2014 in Part II, Section 3, Sub-Section (i) of the
Gazette Of India, Extraordinary on 28-2-2014 and has been made effective from the date of publication.
The said rules are available on the official website of the Department of Industrial Policy and Promotion
www.dipp.nic.in and of the Office of Controller General of Patents, Designs and Trade Marks
www.ipindia.nic.in .
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

2. 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.
All stakeholders should get acquainted with the amended rules and changes in the fee
2.
·
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.
(Chait
!!:rt�/
Controller General of Patents,
Designs and Trade Marks
f