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Patent Amendment Rules, 2014
Published by

Ministry of Commerce and Industry
(Department of Industrial Policy and
Promotion)
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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
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Get your business venture registered
under Micro, Small And Medium
Enterprises Development Act, 2006
(MSMED,
Act
2006)
to
avail
government subsidiaries in India
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Recently on 28-2-2014 the

Patent (Amendment) Rules,

2014 has been made effective. Salient features includes:
➢ Revised & Increase in Patent official fee schedule for
filing of patent application as well as other proceedings
before the Patent Office

➢ A third category of applicant for patent has been
introduced in the form of “small entity”Us
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In rule 2 of the Patents Rules, 2003 (hereinafter referred to
as the principal rules), after clause (d), the following
clause has been introduced:
‘(da) ” person other than a natural person” shall include a
“small entity”
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(ii) after clause (t), the following clause shall be inserted, namely:—

‘(fa) “small entity” means,(i) 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 the
limit specified for a medium enterprise under clause (a) of sub-section (1) of
section 7 of the Micro, Small and Medium Enterprises Development Act, 2006
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(27 of 2006); and
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(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
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Development Act, 2006.
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A

new

Form-28

has

been

introduced in the rules, which has to
accompany

every

new

patent

application, where small entity is
claimed by the patent applicant.
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New Patent 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
patent e-filing.
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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.
➢ No fee shall be payable for the same.
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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.

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It is 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.
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MSME Registration under Micro, Small And Medium
Enterprises Development Act, 2006 (MSMED, Act 2006)

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Provisional Registration:
Provisional registration is granted to a unit at its pre-investment period to
enable it to take necessary steps to apply for financial credit, land or an
industrial set, water, power or telephone connections, etc.
Permanent / Final Registration:
A provisionally registered industrial unit is a unit when it is about to start
the production and apply for grant of Permanent / Final Registration. An
existing and functioning industrial unit is eligible to apply for Permanent /
Final Registration without going for provisional registration processes.
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New Patent Fee Schedule

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WHO ARE WE ?
Intellectual Property Consulting Law Firm in India
Tech Corp Legal is a patent research and IP consulting firm
that specializes in assisting law firms and global companies to
use Intellectual Property as strategic business tool. Boutique
Patent Attorney firm with a high reputation in numerous
technologies and high-tech patents. We are reliable,
knowledgeable and hands-on.
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http://www.techcorplegal.com
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Mission: To assist Fortune 100 technology and research based
companies

develop

intellectual

property

strategies

for

betterment of society.

Differentiating Factor: All projects are evidently done by
registered patent attorneys having years of experience in
working under the guidance of USPTO patent attorneys.
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About Intellectual Property Experts
Rahul Dev is a Patent Attorney, Technology & Business
blogger, and partner of Tech Corp Legal LLP, an International
Law Firm. Click Here
Prity Khastgir is a Patent Attorney, specializing in Biotech,
Food Technology & Pharmaceuticals, and partner of Tech Corp
Legal LLP, an International Law Firm. Click Here
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Client Testimonials
Mark Khan
Multi Disciplinary Designer/Creative Director
I have just met Prity in the past month. She
exceeded my expectations. Since I'm 1/2 way
around the world, I thought my patent filing in
India would be complex and mysterious. To read
more Click Here.

Charlotte Harrison
Editor at Nature Publishing Group
Prity was extremely helpful in providing expert
information and valuable comments for inclusion in a
news story related to patents in India. It was a pleasure
to work with her. To read more Click Here.

Vinayak Arora
Strategy Consultant at Strategy Consultant

Kermit Lopez

Both Prity and Rahul supported us throughout

We needed a quick but detailed patent invalidity

the patent filing process for our flagship product,
and gave proactive ideas on making the

analysis in a short time frame, and Rahul Dev,
Advocate, provided quick turn around To read
more Click Here.

application efficient. To read more Click Here.

http://www.techcorplegal.com
Email us: info@techcorplegal.com

Patent Attorney, ORTIZ & LOPEZ, PLLC

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Client Testimonials
George Mathew
www.futurebooks.com
Rahul and team have been consistent in
their legal support to Servolve. Their
expertise in law and understanding of the
startup ecology is a unique mix that is not
easy to find. To read more Click Here.

David Sundin
SVB Environmental Lubricants, Ambit
Technical Consulting
I worked with Rahul to help me with

Innovation Incubator

litigation regarding a competitor. He
easily understood the problem, did quick
and thorough work To read more Click
Here.
Farooq Mustafa Chaudhry
Macter International Ltd

Rahul is a crisp speaker, possessed with

After working on a project with Mr. Rahul

thorough
knowledge
and
clear
understanding
about
the
Business
Structuring & Incorporation, To read more
Click Here.

I have an impression that he is a
competent consultant in due diligence for
IP position To read more Click Here.

Dolly Goklaney Venture Capital at AMITY

http://www.techcorplegal.com
Email us: info@techcorplegal.com

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Client Testimonials
Machiavelli Singh
Assistant
Professor
University Haryana

with

Amity

Rahul Dev is a stalwart Indian patent
attorney, who dared to interpret the
Indian Patent "Novartis-Glivec-2013"
landmark case on NEWS channel in the
media with the iron fist, To read more
Click Here.
Pawan Tayla
Head Finance India - Fidelity Worldwide
Investment & Art of Living Teacher
Rahul is a very focused and energetic business
partner for any client, his ability to articulate and
provide
quick
meaning
solutions
is
commendable. To read more Click Here.
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Email us: info@techcorplegal.com

Kapil Agarwal
Owner, Swan Publications
Advocate Rahul Dev is a knowledgeable
lawyer and very helpful. He had gone
through my documents twice to provide
me an advice, To read more Click Here.
SUMIT ARORA
Deputy Manager - Intellectual Property Rights LG
Soft India
Rahul

is

a

very

diligent

and

hard

working

professional who is adept at utilizing his
communication skills and domain knowledge in
excelling in his field. To read more Click Here.

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Client Testimonials
Dr. Vijay Soni
Director: reviewarticle.net
I recently got a patent applied through Mr.
Rahul. He has in-depth understanding of
all aspects of patent application and

Arjun Bala
Patent Agent, Certified Patent Valuation Analyst
(CPVA)

processing. To read more Click Here.

practical insight in the practice of patent law in India.
To read more Click Here.

I have worked with Rahul on different types of patent
projects. He has a deep understanding as well as

Raja Selvam
IP Attorney
Rahul is very obsessive about his work
and gets things done quickly and
efficiently. He has excellent co-ordination
and people relation skills. To read more
Click Here.

Preetpal Sidhu
Research Associate at Milwaukee Institute
I came to know Rahul during my internship at TECH
CORP. He is well organized with excellent knowledge
in his field. To read more Click Here.

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Client Testimonials
Kapil Mishra
Kareus Therapeutics, S.A.

Tarun Walia

Rahul is a detail-oriented manager who
watches the fine details of project without
losing sight of the macro level strategic
objective. To read more Click Here.
Abhishek Mishra

Experienced Life Science Consulting
Business Development Professional

&

The confidence and the charm on his face says it
all. Rahul is a well learned and extremely diligent
professional who drives his work with lot of
passion. To read more Click Here.

Senior Manager at Olam International
Rahul, as a professional comes across as
a

target

oriented

and

a

focussed

professional. He has a very structured
and planned approach and is full of
innovative ideas.
Here.
http://www.techcorplegal.com
Email us: info@techcorplegal.com

To read more Click

Amit Midha
Digital Strategy, Marketing Expert
Rahul is a reliable professional with a very technical
approach towards commercial aspects of Patents
and IPR. To read more Click Here.

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Client Testimonials
Y. Yogi Raj
Co-Founder and Director at 46 Idea Street
We worked together during early stages of
establishing a new process. Rahul, with his
vast experience and in depth knowledge of the
IP analytics could steer our group, To read
more Click Here.
Rolly Dureha Freelance Media Professional
& Consulting Editor
My interaction with Prity has been as a
Pharma patent attorney and domain expert
who has contributed towards articles in the
magazine Life Science India. To read more
Click Here.
http://www.techcorplegal.com
Email us: info@techcorplegal.com

Dr Madhuresh Sethi Ph.D
R&D
Prity is a devoted and detailed professional
dealing with very complex assessments in
the field of Intellectual Property. To read
more Click Here.
David Michaels
eBusiness entrepreneur and Brand Consultant
Prity Khastgir is very dedicated, trustworthy, and
great at writing patent descriptions. Prity's patent
writing style is clear and concise.

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Is Intellectual Property
a Business Asset?
Protect your
Intangible Assets
Today

Succeed
Protect
Create

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Email us: info@techcorplegal.com
Thank you
Have Any Questions?
Get in touch with patent attorney:
info(at)techcorplegal(dot)com

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http://www.techcorplegal.com
Email us: info@techcorplegal.com

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Indian patent law office procedures| Patent examination and patent amendment rules 2014| Effective intellectual property asset management for msmes entities patent application fees enhanced in patent rules 2014

  • 1. Patent Amendment Rules, 2014 Published by Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 2. 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 Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 3. Get your business venture registered under Micro, Small And Medium Enterprises Development Act, 2006 (MSMED, Act 2006) to avail government subsidiaries in India Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 4. Recently on 28-2-2014 the Patent (Amendment) Rules, 2014 has been made effective. Salient features includes: ➢ Revised & Increase in Patent official fee schedule for filing of patent application as well as other proceedings before the Patent Office ➢ A third category of applicant for patent has been introduced in the form of “small entity”Us Follow http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 5. In rule 2 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), after clause (d), the following clause has been introduced: ‘(da) ” person other than a natural person” shall include a “small entity” Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 6. (ii) after clause (t), the following clause shall be inserted, namely:— ‘(fa) “small entity” means,(i) 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 the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 Follow Us (27 of 2006); and http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 7. (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 Follow Us Development Act, 2006. http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 8. A new Form-28 has been introduced in the rules, which has to accompany every new patent application, where small entity is claimed by the patent applicant. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 9. New Patent 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 patent e-filing. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 10. 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. ➢ No fee shall be payable for the same. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 11. 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. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 12. It is 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. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 13. MSME Registration under Micro, Small And Medium Enterprises Development Act, 2006 (MSMED, Act 2006) Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 14. Provisional Registration: Provisional registration is granted to a unit at its pre-investment period to enable it to take necessary steps to apply for financial credit, land or an industrial set, water, power or telephone connections, etc. Permanent / Final Registration: A provisionally registered industrial unit is a unit when it is about to start the production and apply for grant of Permanent / Final Registration. An existing and functioning industrial unit is eligible to apply for Permanent / Final Registration without going for provisional registration processes. http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 15. New Patent Fee Schedule Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 42. WHO ARE WE ? Intellectual Property Consulting Law Firm in India Tech Corp Legal is a patent research and IP consulting firm that specializes in assisting law firms and global companies to use Intellectual Property as strategic business tool. Boutique Patent Attorney firm with a high reputation in numerous technologies and high-tech patents. We are reliable, knowledgeable and hands-on. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 43. Mission: To assist Fortune 100 technology and research based companies develop intellectual property strategies for betterment of society. Differentiating Factor: All projects are evidently done by registered patent attorneys having years of experience in working under the guidance of USPTO patent attorneys. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 44. About Intellectual Property Experts Rahul Dev is a Patent Attorney, Technology & Business blogger, and partner of Tech Corp Legal LLP, an International Law Firm. Click Here Prity Khastgir is a Patent Attorney, specializing in Biotech, Food Technology & Pharmaceuticals, and partner of Tech Corp Legal LLP, an International Law Firm. Click Here Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 45. Client Testimonials Mark Khan Multi Disciplinary Designer/Creative Director I have just met Prity in the past month. She exceeded my expectations. Since I'm 1/2 way around the world, I thought my patent filing in India would be complex and mysterious. To read more Click Here. Charlotte Harrison Editor at Nature Publishing Group Prity was extremely helpful in providing expert information and valuable comments for inclusion in a news story related to patents in India. It was a pleasure to work with her. To read more Click Here. Vinayak Arora Strategy Consultant at Strategy Consultant Kermit Lopez Both Prity and Rahul supported us throughout We needed a quick but detailed patent invalidity the patent filing process for our flagship product, and gave proactive ideas on making the analysis in a short time frame, and Rahul Dev, Advocate, provided quick turn around To read more Click Here. application efficient. To read more Click Here. http://www.techcorplegal.com Email us: info@techcorplegal.com Patent Attorney, ORTIZ & LOPEZ, PLLC Follow Us
  • 46. Client Testimonials George Mathew www.futurebooks.com Rahul and team have been consistent in their legal support to Servolve. Their expertise in law and understanding of the startup ecology is a unique mix that is not easy to find. To read more Click Here. David Sundin SVB Environmental Lubricants, Ambit Technical Consulting I worked with Rahul to help me with Innovation Incubator litigation regarding a competitor. He easily understood the problem, did quick and thorough work To read more Click Here. Farooq Mustafa Chaudhry Macter International Ltd Rahul is a crisp speaker, possessed with After working on a project with Mr. Rahul thorough knowledge and clear understanding about the Business Structuring & Incorporation, To read more Click Here. I have an impression that he is a competent consultant in due diligence for IP position To read more Click Here. Dolly Goklaney Venture Capital at AMITY http://www.techcorplegal.com Email us: info@techcorplegal.com Follow Us
  • 47. Client Testimonials Machiavelli Singh Assistant Professor University Haryana with Amity Rahul Dev is a stalwart Indian patent attorney, who dared to interpret the Indian Patent "Novartis-Glivec-2013" landmark case on NEWS channel in the media with the iron fist, To read more Click Here. Pawan Tayla Head Finance India - Fidelity Worldwide Investment & Art of Living Teacher Rahul is a very focused and energetic business partner for any client, his ability to articulate and provide quick meaning solutions is commendable. To read more Click Here. http://www.techcorplegal.com Email us: info@techcorplegal.com Kapil Agarwal Owner, Swan Publications Advocate Rahul Dev is a knowledgeable lawyer and very helpful. He had gone through my documents twice to provide me an advice, To read more Click Here. SUMIT ARORA Deputy Manager - Intellectual Property Rights LG Soft India Rahul is a very diligent and hard working professional who is adept at utilizing his communication skills and domain knowledge in excelling in his field. To read more Click Here. Follow Us
  • 48. Client Testimonials Dr. Vijay Soni Director: reviewarticle.net I recently got a patent applied through Mr. Rahul. He has in-depth understanding of all aspects of patent application and Arjun Bala Patent Agent, Certified Patent Valuation Analyst (CPVA) processing. To read more Click Here. practical insight in the practice of patent law in India. To read more Click Here. I have worked with Rahul on different types of patent projects. He has a deep understanding as well as Raja Selvam IP Attorney Rahul is very obsessive about his work and gets things done quickly and efficiently. He has excellent co-ordination and people relation skills. To read more Click Here. Preetpal Sidhu Research Associate at Milwaukee Institute I came to know Rahul during my internship at TECH CORP. He is well organized with excellent knowledge in his field. To read more Click Here. Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 49. Client Testimonials Kapil Mishra Kareus Therapeutics, S.A. Tarun Walia Rahul is a detail-oriented manager who watches the fine details of project without losing sight of the macro level strategic objective. To read more Click Here. Abhishek Mishra Experienced Life Science Consulting Business Development Professional & The confidence and the charm on his face says it all. Rahul is a well learned and extremely diligent professional who drives his work with lot of passion. To read more Click Here. Senior Manager at Olam International Rahul, as a professional comes across as a target oriented and a focussed professional. He has a very structured and planned approach and is full of innovative ideas. Here. http://www.techcorplegal.com Email us: info@techcorplegal.com To read more Click Amit Midha Digital Strategy, Marketing Expert Rahul is a reliable professional with a very technical approach towards commercial aspects of Patents and IPR. To read more Click Here. Follow Us
  • 50. Client Testimonials Y. Yogi Raj Co-Founder and Director at 46 Idea Street We worked together during early stages of establishing a new process. Rahul, with his vast experience and in depth knowledge of the IP analytics could steer our group, To read more Click Here. Rolly Dureha Freelance Media Professional & Consulting Editor My interaction with Prity has been as a Pharma patent attorney and domain expert who has contributed towards articles in the magazine Life Science India. To read more Click Here. http://www.techcorplegal.com Email us: info@techcorplegal.com Dr Madhuresh Sethi Ph.D R&D Prity is a devoted and detailed professional dealing with very complex assessments in the field of Intellectual Property. To read more Click Here. David Michaels eBusiness entrepreneur and Brand Consultant Prity Khastgir is very dedicated, trustworthy, and great at writing patent descriptions. Prity's patent writing style is clear and concise. Follow Us
  • 51. Is Intellectual Property a Business Asset? Protect your Intangible Assets Today Succeed Protect Create Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com
  • 52. Thank you Have Any Questions? Get in touch with patent attorney: info(at)techcorplegal(dot)com Follow Us http://www.techcorplegal.com Email us: info@techcorplegal.com