Rule 7 – Fees

  • 10% additional fee for physical filing as a hard copy.
  • For small entities Form 28 shall be submitted accompanying all documents submitted to the Patent Office.
  • Fee shall be either paid as cash or electronic mode or also as a DD or Cheque payable to the Controller of Patents drawn in a scheduled bank where the appropriate office is situated and if the cheque or DD is sent by registered post or speed post, the shall be considered to be paid only on the date on which the DD or Cheque is received by the Controller.
  • Any corresponding fee, should be paid in full for any document submission.
  • If an application for patent by a natural person (individual / team of individuals) or small entity or startup is transferred to any other company or institution (small entity or large entity) the difference in fee for all stages right from the application for patent should be paid by the new applicant to whom the patent application is transferred.
  • Even after a startup ceases to be of the status of a startup; after 5 years from the date of filing a patent application or after crossing the turn-over of 25 crores, no such difference of fee shall be applicable to be paid.
  • Fees once paid shall not be refunded whether any proceeding has taken place or not, unless the Controller is convinced that the fee was paid more than once for the same proceeding online.
  • Before issuing the first statement of objection (First Examination Report) from the Patent Office, if a request for refund of the fee paid for examination is filed in Form 29; [90%] of the fees paid shall be refunded for ordinary as well as expedited examination fees.
  • If the Controller approves, an advance amount shall be deposited to the patent office and request the Controller to deduct any fee payable by the applicant from the money so deposited. The date of payment of fee shall be the date of receiving the request for deduction.
    • this shall be applicable only if sufficient money is available on the credit of the person.
  • If the Controller approves, any such amount of money deposited in advance shall be withdrawn if the credit is available and any balance left shall be refunded.

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