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Patents Rules, 2003

The First Schedule

(See rule 7)

Fees

Number of entry

On what payable

Number of the relevant Form

Amount of fees (in rupees)

For natural person(s)

For other than natural person(s) either alone or jointly with natural person(s)

 

On application for a patent under sections 5(2), 7, 54 or 135 and rule 39 accompanied by provisional/complete specification.

1

750 Multiple of 750 in case of every multiple priority.

3,000 Multiple of 3,000 in case of every multiple priority

2.

On filing complete specification after provisional.

2

No fee

No fee

3.

On filing a statement and undertaking under section 8.

3

No fee

No fee

4.

On request -[or extension of time under sections 8(2), 9(1), 25(1), 28(4), 43(3) or 53(3) and rules 12(4), 13(6), 24(5). 56(1), 73(3) or 130.

4

250 per month

1,000 per month

5.

On filing a declaration as to inventorship under rule 13(6).

5

No fee

No fee

6.

On application for post dating.

-

500

2,000

7.

On app1ication for deletion of reference under section 19(2).

-

500

2,000

8.

(i)

On claim under section 20(1);

6

500

2,000

(ii)

On request for direction under

section 20(4) or 20(5).

6

500

2,000

9.

On request for postponement of acceptance of complete

specification under section 22.

-

500

2,000

10.

On notice of opposition to grant of patent under section 25.

7

1,500

5,000

11-

On giving notice that hearing before Controller will be attended under rule 62(2).

-

1,500

5,000

12:

On application under sections 28(2), 28(3) or 28(7).

8

500

2,000

13.

On request for sealing of a patent under section 43.

9

1,500

5,000

14.

On application under section 44 for amendment of patent.

10

1,500

5,000

15.

On application for directions under sections 51(1) or 51(2).

11

500

2,000

16.

On request for grant of a patent under section 52(2).

12

1,500

5,000

17.

On request for converting a patent of addition to an independent patent under section 55(1).

.

500

2,000

18.

For renewal of a patent under section 53.

 

 

 

 

(i)

Before the expiration of the 2 year from the date of patent in respect of 3rd year.

.

600

3,200

 

(ii)

Before the expiration of the 3rd year in respect of the 4th year.

.

600

3,200

 

(iii)

Before the expiration of the 4th year in respect of the 5th year.

.

600

3,200

 

(iv)

Before the expiration of the 5th year in respect of the 6th year.

.

600

3,200

 

(v)

Before the expiration of the 6th year in respect of the 7th year.

-

1,500

4,500

 

(vi)

Before the expiration of the 7th year in respect of the 8th year.

 

1,500

4,500

 

(vii)

Before the expiration of the 8th year in respect of the 9th year.

 

1,500

4,500

 

(viii)

Before the expiration of the 9th year in respect of the 10th year.

 

1,500

4,500

 

(ix)

Before the expiration of the 10th year in respect of the 11th year.

 

3,500

10,000

 

(x)

Before the expiration of the 11Th year in respect of the 12th year.

 

3,500

10,000

 

(xi)

Before the expiration of the 12th year in respect of the 13th year.

 

3,500

10,000

 

(xii)

Before the expiration of the 13th year in respect of the 14th year.

 

3,500

10,000

 

(xiii)

Before the expiration of 14th year in respect of 15 1h year

 

3,500

10,000

 

(xiv)

Before the expiration of 15th year in respect of 16th year

 

5,000

15,000

 

(xv)

Before the expiration of 16th year in respect of 17th year

 

5,000

15,000

 

(xvi)

Before the expiration of 17th year in respect of 18th year

 

5,000

15,000

 

(xvii)

Before the expiration of l8th year in respect of 19th year

 

5,000

15,000

 

(xviii)

Before the expiration of 19th year in respect of 20th year

 

5,000

15,000

19.

On application for amendment of application for patent /complete specification/other related documents under section 57 -

13

 

 

(i)

Before acceptance

700

2,500

(ii)

After acceptance

1,000

6,000

(iii)

Where amendment is for changing name /address/nationality/address for service

200

500

 

On notice of opposition to an application under sections 57(4), 61 (1) and 87(2) or to surrender a patent under section 63 (3) Or to a request under section 78(5).

14

1,500

5,000

21.

On application for restoration of a patent under section 60.

15

1,500

5,000

22.

Additional fee for restoration.

 

3,000

10,000

23.

On notice of offer to surrender a patent under section 63.

 

1,000

3,000

24.

Application for registration of a document In the Register of Patents under section 68.

16

700 (In respect of each patent)

3,000 (In respect of each patent)

25.

On application for the entry in the register of patent of the name of a person entitled to a patent or as a share or as a mortgagee or as licensee or as otherwise or for the entry in the Register of Patents of notification of a document under sections 69(1) or 69(2) and rule 90(1), or 90(2).

17

700 (In respect of each patent)

3,000 (In respect of each patent)

26.

On application for alteration of an entry in the Register of Patents or Register of Patent agents under rule 94( 1) or rule 118(1).

 

200

500

27.

On request for entry of an additional address for service in the Register of Patents under rule 94(3).

 

700

2,500

28.

On application for Compulsory licence under sections 84(1), 91(1) and 92(1).

18

1,500

5,000

29.

On request for examination of application for patent under Section 11B and rule 24(1).

19

1,000

3,000

30.

On application for revocation of a patent under section 85(1).

20

1,500

5,000

31.

On application for revision of terms and conditions of licence under section 88(4).

21

1,500

5,000

32.

On request for termination of cOD1pulso~licence (a) under section 94 and (b) under section 94 as modified by section 24C.

22

(a) 1,500

(b) 25,000

(a) 5,000

(b) 75,000

33.

On application for registration as a patent agent under rules 109 or 112.

23

500

 

34.

On request for appearing in the qualifying examination under rule 109 (3).

 

200

 

35.

For registration of a person as a patent agent under rule 109 or 112.

 

1,500

 

36.

For continuance of the name of a person in the register of patent agent.

 

 

 

(i) For the 1st year to be paid along with registration

 

500

 

(ii) For every year excluding the 1st year to be paid on the 1st April in each year.

 

500

 

37.

On application for restoration of the name of a person in the Register of Patent Agents under rule 117.

24

1,000 (Plus continuation fee under entry number 36)

 

38.

On a request for correction of clerical error under section 78(2).

-

500

1,500

39.

On application for review or setting aside the decisions! Order of the controller under sections 77(1)(f) or 77(l)(g).

25

700

2,500

40.

On application for permission for applying patent outside India under section 39.

 

500

1,500

41.

On application for duplicate Patent under section 154 and rule 132.

 

1,000

3,000

42.

On request for certified copies under section 72 or for certificate under section 147 and rule 133.

 

700

2,500

43.

For certifying office copies or printed each.

 

200

500

44.

On request for inspection of register under section 72 inspection under rule 27 or rule 38.

 

200

500

45.

On request for information under section 153.

 

300

1,000

46.

On form of authorisation of patent agent.

26

No fee

No fee

47.

On petition not otherwise provided for.

 

1,000

3,000

48.

For supplying of photocopies of the documents per page.

 

4

4

49.

Transmittal fee for International application.

 

1,500

5,000

50.

For preparation of certified copy of priority document and for transmission of the same to the International Bureau of World Intellectual Property Organisation.

 

1,000

3,000

S1.

National fee on application corresponding to International application under PCT under section 7(1A).

1A

750 Multiple of 750 in case of every multiple priority

3,000 Multiple of 3,000 in case of every multiple priority

52.

On request for grant of exclusive marketing right under section 24A.

27

25,000

75,000

53.

On application for compulsory licence under rule 47.

18

25,000

75,000

54.

On application for revocation of exclusive marketing rights under rule 47.

20

1,500

5,000

55.

On notice of opposition to application under section 87 as modified by section 24C or under rule 49 (1) or rule 52 (3).

14

10,000

30,000

56.

On application for revision of terms and conditions of licence under rule 51 (1).

21

10,000

30,000

57.

On request for inspection of Register of Exclusive Marketing Right.

 

200

500

58.

On request for supply of Certified copy of the entry in the Register of Exclusive Marketing Right.

 

700

2,500

59.

On statement regarding working of a patented invention on a commercial scale in India under Section 146(2).

29

No fee

No fee

60.

Request for permission for making patent application outside India under section 39.

30

No fee

No fee

Note: All the Forms/Applications/ Requests/Notice/Petitions shall be filed in duplicate unless otherwise specified in the rules:







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