What’s New in Patent (Amendment) Rules, 2014
By Sajid Sheikh, National Law University, Jodhpur
How the Rules were Amended:
Patents (Amendment) Rules 2014 have come into force w.e.f. 28 February 2014 as notified by Government of India. Certain draft rules published as required under sub-section (3) of section 159 of the Patents Act (Power of Central Government to make Rules), namely the Patents (Amendment) Rules, 2013 dated the 6th May, 2013, in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), for inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date on which copies of the Gazette containing the notification were made available to the public; , the copies of the Gazette containing the said notification were made available to the public on the 12th June, 2013.
The objections and the suggestions received from the public on the said draft rules have been considered by the Central Government; thereby resulting in this Amendment.
What has Changed in the New Rules : Highlights
1.) Fee Structure has been Increased.
2.) A new category of applicant for patent has been introduced in the form of “small entity”. This is similar to U.S.A. The fees charged have been fixed in between the fees for natural person and legal entity. Small entity is defined {under Rule 2 (fa)} as 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 Micro, Small and Medium Enterprise Development Act, 2006..
For example, filing fee is Rs.1600 for individuals, Rs.4000 for small entity and Rs.8000 for legal persons, i.e., companies.
3.) A new Form-28, to be submitted by the small entity has been introduced in the rules, which has to be accompanied with every new application. It must be submitted at least once. In case of change in status of applicant (for example when an applicant no longer remains a “small entity”), it is a duty of the applicant to inform the Patent office about such change.
4.) One new Form – 7A has been provided for filing “Representation Opposing Grant of Patent” (Pre-grant opposition). Earlier in the Patent Rules, 2003; there was no form for filing pre-grant opposition. No fees shall be payable for the same as was earlier.
5.) To encourage e-filing, as per the new rules fee will be 10 % less for e-filing than hard copy submission/ physical mode.
6.) Transfer of 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.