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Online filing of Indian patent application Patent Amendment Rules 2014 come into effect New Patent fee structure Discounted Online Patent Filing Fees new category of applicant small entity Introduced Form 7A

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Information about Online filing of Indian patent application Patent Amendment Rules 2014...
Business & Mgmt

Published on March 4, 2014

Author: Company_Consultancy_LawServiceIndia

Source: slideshare.net

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How to Protect Intellectual Property by Filing for Patents, trademarks, industrial design & copyright| Intellectual Property is a collection of Ideas and Concepts | Patent Filing Services, Patent Filing in US, Patent Filing in Europe, Patent in Indian patent office, Patent Registration in India, Patent Protection in India, Patent Filing Contact Us 24/7 info [at] techcorplegal [dot] com | Your One Stop Solution Provider for All Your Intellectual Property Needs Ends Today !! We are team of Registered Patent Attorneys, Indian Patent Agents certified by the Indian Patent Office, with law office in New Delhi, National Capital of India.
Are you an individual researcher or inventor with a new or improved innovation, idea, invention, product, or method, process or do you have a business and have coined a new name, slogan, or design you wish to protect by filing for trademark or design protection in India? Are you a business owner and have a new product, method or service stream that will allow you to better survive in the competitive marketplace, or do you use a trademark or service mark properly while marketing your product or method? Are you an patent attorney seeking reliable offshore patent counsel with a good track record and can file your clients patent applications with the Indian Patent Office? To know more about Patent Filing Procedure before Indian Patent Office: Contact Us Patent Filing in India will protect your technology from being copied by third party.Patent Office India in situated in Delhi, Mumbai, Chennai and Kolkata respectively. For Patent Filing in India, the inventor should discuss his invention with a techno-legal patent lawyer. Patent Filing Services, Patent Filing in US, Patent Filing in Europe, Patent in Indian patent office, Patent Registration in India, Patent Protection in India, Patent Filing??

This post is no way related to Indian Patent office (IPO) or any of its subsidiaries. All the posts/comments are only for general information or use and it should not be relied on as official notice. Every care has been taken to ensure the accuracy of information furnished in this post, authors do not accept any responsibility or liability for any damage or loss arising from the direct or indirect use of the contents provided on this post. We can be reached at info [at] techcorplegal [dot] com
Disclaimer:
This post is no way related to Indian Patent office (IPO) or any of its subsidiaries. All the posts/comments are only for general information or use and it should not be relied on as official notice. Every care has been taken to ensure the accuracy of information furnished in this post, authors do not accept any responsibility or liability for any damage or loss arising from the direct or indirect use of the contents provided on this post. We can be reached at info [at] techcorplegal [dot] com
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(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

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

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