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Patents Act |
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) |
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|
1. |
2. |
3. |
4 |
5. |
|
|
|
Rupees |
Rupees |
|
|
1. |
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 for 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 application for deletion of reference under section 19(2). |
- |
500 |
2,000 |
|
8. (i) (ii) |
On claim under section
20(1);
On request for direction under section 20(4) or 20(5). |
6 |
500 |
2,000 |
|
6 |
500 |
2,000 |
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|
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 2nd 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 15th 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 18th 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 |
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| (ii) After acceptance |
1,000 |
6,000 |
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| (iii) Where amendment is for changing name /address /nationality/address for service |
200 |
500 |
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|
20. |
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 compulsory licence
|
22 |
|
(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.
(i) (ii) |
For continuance of the name of a person in the register of patent agent. |
- |
- |
- |
| For the 1st year to be paid along with registration |
- |
500 |
- |
|
| 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(1)(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 |
|
51. |
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 |