Government of India notifies Patents (Amendment) Rules 2014

Synopsis:

  1. Introduction of “Small entity” – The new term “small entity has been added” as another applicant.

The section 7 clause (a) and (b) of Micro, small and medium enterprises act 2006 states:

1)      Notwithstanding anything contained in section 11B of the Industries (Development and Regulation) Act, 1951, the Central Government may, for the purposes of this Act, by notification and having regard to the provisions of sub-sections (4) and (5), classify any class or classes of enterprises, whether proprietorship, Hindu undivided family, association of persons, co-operative society, partnership firm, company or undertaking, by whatever name called,

in the case of the enterprises engaged in the manufacture or production of goods pertaining to any industry specified in the first schedule to the Industries (Development and Regulation) Act, 1951, as –

(a)

i) a micro enterprise, where the investment in plant and machinery does not exceed twenty five lakh rupees;

ii) a small enterprise, where the investment in plant and machinery is more than twenty five lakh rupees but does not exceed five crore rupees; or

iii) a medium enterprise, where the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees;

(b) in the case of the enterprises engaged in providing or rendering of services, as –

i) a micro enterprise, where the investment in equipment does not exceed ten lakh rupees;

ii) a small enterprise, where the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; or

iii) a medium enterprise, where the investment in equipment is more than two crore rupees but does not exceed five crore rupees

 

  1. There will be 10% additional fee for filing by hand in the Patent offices.
  2. A new form i.e. Form 28 has been added which has to be submitted by the small entity during a patent filing.
  3. If an application made by a small entity is transferred to a medium or large entity then the difference in the fee shall be paid by the medium or the large entity taking that patent application along with a request for transfer.
  4. Representation for opposition under sub-section (1) of section 25 shall be filed in Form 7A at the appropriate office. Form 7A has been newly added.
  5. The fee for filing a patent application has been increased. Please click on the below link for the Notification for thePatents (Amendment) Rules 2014

http://www.ipindia.nic.in/iponew/patent_Amendment_Rules_2014.pdf

By Swati Burde

Indian Patent Agent

ANS IP MANAGEMENT SERVICES

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