Patents Rules, 2003
7. Fees .—
1. The fees
payable under section 142 in respect of the grant of patents and applications
therefor, and in respect of other matters for which fees are required to be
payable under the Act shall be as specified in the First Schedule.
The fees, payable under the Act may either be paid in cash or
through electronic means or may be sent by bank draft or cheque payable to the
Controller of Patents and drawn on a scheduled bank at the place where the
appropriate office is situated. If the draft or cheque is sent by post, the
fees shall be deemed to have been paid on the date on which the draft or cheque
would have reached the Controller in the ordinary course of mail.
Cheques or drafts not including the correct amount of commission
and cheques on which the full value specified therein cannot be collected in
cash shall be accepted only at the discretion of the Controller.
Where a fee is payable in respect of a document, the entire fee
shall accompany the document.
3. In case
an application processed by a natural person is fully or partly transferred to
a person other than a natural person, the difference, if any, in the scale of
fee(s) between the fee(s) charged from a natural person and the fee(s)
chargeable from the person other than the natural person in the same matter
shall be paid by the new applicant with the request for transfer.
4. Fees once
paid in respect of any proceeding shall not ordinarily be refunded irrespective
of whether the proceeding has taken place or not.
to the approval of the Controller, any person may deposit money in advance and
request the Controller to realise any fee payable by him from the said deposit
and in such case the date of the receipt of the request to realise the fee or
the date on which the request to realise the fee is deemed to have been
received, whichever is earlier, shall be taken as the date of payment of the
Provided that the requisite amount of money is available at the
credit of the person making such request.
Subject to the approval of the Controller, any person may
discontinue the deposit of money in advance and in such case the balance, if
any, shall be refunded.