Instructions for E-filing:

With the enforcement of the Patents (Amendment) Rules 2014, new fee schedule has been

implemented in the Comprehensive E-filing system for Patents. In addition to other provisions of

new rules following provisions have been provided in the system:

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.

Form 7A (Pre-grant opposition): A new Form 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.

Form 28 (Declaration by Small Entity): A new Form-28 has been introduced in the rules,

which has to accompany every new application and for other subsequent documents, should

be filed atleast once against the application number for which a fee has been specified and

for which the fee applicable for a small entity is claimed.

Pursuant to implementation of above mentioned provisions, it is important to note following points:

1. Any applicant who wants to claim the fee benefit under the Small Entity category needs to file

Form 28:

a. Prior to submitting any other form / fee in case of subsequent filling (CBR of Form 28

with “0” fee should be generated)

b. Along with Form 1in case of New Application

2. 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. Therefore,

kindly check the "applicable" type prior to filing.

3. Fee for Small Entity shall be applicable only for person other than natural person(s) either alone

or jointly with natural person(s) for the application (i.e. application(s) having other than natural

person(s) who are not small entity as per rule 2 (fa) shall not be eligible for fee for small entity).

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 which may attract the provisions of section 142(3).

5. All stakeholders should get acquainted with the amended rules and changes in the fee 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.