Details of the Forms required to be filed under The Patents Rules 2003
Number of Entry | On what payable | Number of the relevant Form | For e-filing | For physical filing | ||
Natural person or startup or small entity or educational institution | Other(s), alone or with natural person or startup or small entity or educational institution | Natural person or startup or small entity or educational institution | Other(s), alone or with natural person or startup or small entity or educational institution | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Rupees | Rupees | Rupees | Rupees | |||
1. | On application for a patent under sections 7, 54* or 135 and rule 20(1) accompanied by provisional or complete specification— | 1 | 1600 Multiple of 1600 in case of every multiple priority. | 8000 Multiple of 8000 in case of every multiple priority. | 1750 Multiple of 1750 in case of every multiple priority. | 8800 Multiple of 8800 in case of every multiple priority. |
|
of 24000 |
120000 |
Not allowed |
Not allowed | ||
*An application for a patent made under section 54 shall be eligible for a reduction of 50 per cent in fee as compared to other applications. | ||||||
2. | On filing complete specification after provisional up to 30 pages having up to 10 claims – | 2 | No fee | No fee | No fee | No fee |
|
|
of 24000 |
120000 |
Not allowed |
Not allowed | |
| Note: A specification in respect of an application for a patent made under section 54 shall be eligible for a reduction of 50 per cent in fee as compared to other specifications. | |||||
3. | On filing a statement and undertaking under section 8. | 3 | No fee | No fee | No fee | No fee |
4. | i) On request for extension of time under sections 53(2) and 142(4), rules 13(6), 80(1A) and 130 (per month). | 4 | 480 | 2400 | 530 | 2600 |
ii) On request for extension of time or condonation of delay (per month) under sub-rule (4) of rule 12 or sub-rule (2) or rule 131. | 4 | 2000 | 10000 | 2200 | 11000 | |
iii) On request for extension of time under sub-rule (6) of rule 24B (per month). | 4 | 1000 | 4000 | 1100 | 4400 | |
iv) On request for extension of time under sub-rule (11) of rule 24C (per month). | 4 | 2000 | 10000 | 2200 | 11000 | |
v) On request for extension of time under rule 138 (per month). | 4 | 10000 | 50000 | 11000 | 55000 | |
5. | On filing a declaration as to inventorship under sub-rule (6) of rule 13. | 5 | No fee | No fee | No fee | No fee |
6. | On application for postdating. | - | 800 | 4000 | 880 | 4400 |
7. | On application for deletion of reference under section 19 (2). | - | 800 | 4000 | 880 | 4400 |
8. | (i) On claim under section 20(1); | 6 | 800 | 4000 | 880 | 4400 |
(ii) On request for direction under section 20 (4) or 20 (5). | 6 | 800 | 4000 | 880 | 4400 | |
9. | (i) On notice of opposition to grant of patent under section 25(2); | 7 | 8000 | 40000 | Not allowed | Not allowed |
(ii) On filing representation opposing grant of patent under section 25(1). | 7A | 4000 | 20000 | Not allowed | Not allowed |
10. | On giving notice that hearing before Controller shall be attended under rule 62(2). | - | 1500 | 7500 | 1700 | 8300 |
11. | On application under section 28(2). | 8 | No fee | No fee | No fee | No fee |
On application under sections 28(3) or 28(7). | 8 | 800 | 4000 | 880 | 4400 | |
12. | Certificate of inventorship under rule 70A. | 8A | 900 | Not applicable | 1000 | Not applicable |
13. | Request for publication under section 11A(2) and rule 24A. | 9 | 2500 | 12500 | 2750 | 13750 |
14. | On application under section 44 for amendment of patent. | 10 | 2400 | 12000 | 2650 | 13200 |
15. | On application for directions under section 51(1) or 51(2). | 11 | 2400 | 12000 | 2650 | 13200 |
16. | On request for grant of a patent under sections 26(1) and 52(2). | 12 | 2400 | 12000 | 2650 | 13200 |
17. | On request for converting a patent of addition to an independent patent under section 55 (1). | - | 2400 | 12000 | 2650 | 13200 |
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; | - | 800 | 4000 | 880 | 4400 |
(ii) | before the expiration of the 3rd year in respect of the 4th year; | - | 800 | 4000 | 880 | 4400 |
(iii) | before the expiration of the 4th year in respect of the 5th year; | - | 800 | 4000 | 880 | 4400 |
(iv) | before the expiration of the 5th year in respect of the 6th year; | - | 800 | 4000 | 880 | 4400 |
(v) | before the expiration of the 6th year in respect of the 7th year; | - | 2400 | 12000 | 2650 | 13200 |
(vi) | before the expiration of the 7th year in respect of the 8th year; | - | 2400 | 12000 | 2650 | 13200 |
(vii) | before the expiration of the 8th year in respect of the 9th year; | - | 2400 | 12000 | 2650 | 13200 |
(viii) | before the expiration of the 9th year in respect of the 10th year; | - | 2400 | 12000 | 2650 | 13200 |
(ix) | before the expiration of the 10th year in respect of the 11th year; | - | 4800 | 24000 | 5300 | 26400 |
(x) | before the expiration of the 11th year in respect of the 12th year; | - | 4800 | 24000 | 5300 | 26400 |
(xi) | before the expiration of the 12th year in respect of the 13th year; | - | 4800 | 24000 | 5300 | 26400 |
(xii) | before the expiration of the 13th year in respect of the 14th year; | - | 4800 | 24000 | 5300 | 26400 |
(xiii) | before the expiration of the 14th year in respect of the 15th year; | - | 4800 | 24000 | 5300 | 26400 |
(xiv) | before the expiration of the 15th year in respect of the 16th year; | - | 8000 | 40000 | 8800 | 44000 |
(xv) | before the expiration of the 16th year in respect of the 17th year; | - | 8000 | 40000 | 8800 | 44000 |
(xvi) | before the expiration of the 17th year in respect of the 18th year; | - | 8000 | 40000 | 8800 | 44000 |
(xvii) | before the expiration of the 18th year in respect of the 19th year; | - | 8000 | 40000 | 8800 | 44000 |
(xviii) | before the expiration of the 19th year in respect of the 20th year. | - | 8000 | 40000 | 8800 | 44000 |
19. | On application for amendment of application for patent or complete specification or other related documents under section 57— | 13 | ||||
(i) | before grant of patent; | 800 | 4000 | 880 | 4400 | |
(ii) | after grant of patent; | 1600 | 8000 | 1750 | 8800 | |
(iii) | where amendment is for changing name or address or nationality or address for service. | 320 | 1600 | 350 | 1750 | |
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 | 2400 | 12000 | 2650 | 13200 |
21. | On application for restoration of a patent under section 60. | 15 | 2400 | 12000 | 2650 | 13200 |
22. | Additional fee for restoration under section 61(3) and rule 86(1). | — | 4800 | 24000 | 5300 | 26400 |
23. | On notice of offer to surrender a patent under section 63. | — | No fee | No fee | No fee | No fee |
24. | On application for the entry in the register of patents of the name of a person entitled to a patent or as a share or as a mortgage 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 rules 90(1) or 90(2). | 16 | 1600 (In respect of each patent) | 8,000 (In respect of each patent) | 1750 (In respect of each patent) | 8,800 (In respect of each patent) |
25. | On application for alteration of an entry in the register of patents or register of patent agents under rules 94(1) or rule 118(1). | — | 320 | 1600 | 350 | 1750 |
26. | On request for entry of an additional address for service in the Register of Patents under rule 94(3). | — | 800 | 4000 | 880 | 4400 |
27. | On application for compulsory license under sections 84(1), 91(1), 92(1) and 92A. | 17 | 2400 | 12000 | 2650 | 13200 |
28. | On request for examination of application for patent—
| 18 | 4000 5600 | 20000 28000 | 4400 6150 | 22000 30800 |
29. | On request for expedited or delayed examination of application for patent under rule 24C. | 18A | 8000 | 60000 | Not allowed | Not allowed |
30. | Conversion of the request for examination filed under rule 24B to request for expedited or delayed examination under rule 24C. | 18A | 4000 | 40000 | Not allowed | Not allowed |
31. | On application for revocation of a patent under section 85(1). | 19 | 2400 | 12000 | 2650 | 13200 |
32. | On application for revision of terms and conditions of licence under section 88(4). | 20 | 2400 | 12000 | 2650 | 13200 |
33. | On request for termination of compulsory licence under section 94. | 21 | 2400 | 12000 | 2650 | 13200 |
34. | On application for registration as a patent agent under rule 109(1) or rule 112. | 22 | 3200 | Not applicable | 3500 | Not applicable |
35. | On request for appearing in the qualifying examination under rule 109(3). | — | 1600 | Not applicable | 1750 | Not applicable |
36. | For continuance of the name of a person in the register of patent agents— for the 1st year to be paid along with registration; (ii) for every year excluding the 1st year to be paid on the 1st April in each year. | — — | 800 800 | Not applicable Not applicable | 880 880 | Not applicable Not applicable |
37. | On application for duplicate certificate of patent agent under rule 111A. | — | 1600 | Not applicable | 1750 | Not applicable |
38. | On application for restoration of the name of a person in the register of patent agents under rule 117(1). | 23 | 1600 (Plus continuation fee under entry number 36) | Not applicable | 1750 (Plus continuation fee under entry number 36) | Not applicable |
39. | On a request for correction of clerical error under section 78(2). | — | 800 | 4000 | 880 | 4400 |
40. | On application for review or setting aside the decision or order of the controller under section 77(1)(f) or 77(1)(g). | 24 | 1600 | 8000 | 1750 | 8800 |
41. | On application for permission for applying patent outside India under section 39 and rule 71(1). | 25 | 1600 | 8000 | 1750 | 8800 |
42. | On application for duplicate patent under section 154 and rule 132. | — | 1600 | 8000 | 1750 | 8800 |
43. | (i) On request for certified copies under section 72 or for certificate under section 147 and rule 133(1). | — | 1000 (up to 30 pages and, thereafter, 30 for each extra page) | 5000 (up to 30 pages and, thereafter, 150 for each extra page) | 1100 (up to 30 pages and, thereafter, 30 for each extra page) | 5500 (up to 30 pages and, thereafter, 150 for each extra page) |
(ii) On request for certified copies under section 72 or for certificate under section 147 and rule 133(2). | -- | 2400 (up to 30 pages and thereafter, 30 for each extra page) | 12000 (up to 30 pages and thereafter, 30 for each extra page) | 3300 (up to 30 pages and thereafter, 30 for each extra page) | 13200 (up to 30 pages and thereafter, 30 for each extra page) | |
44. | For certifying office copies, printed each. | — | 800 | 4000 | 880 | 4400 |
45. | On request for inspection of register under section 72, inspection under rule 27 or rule 74A. | — | 320 | 1600 | 350 | 1750 |
46. | On request for information under section 153 and rule 134. | — | 480 | 2400 | 530 | 2650 |
47. | On form of authorization of a patent agent. | 26 | No fee | No fee | No fee | No fee |
48. | On petition not otherwise provided for. | — | 1600 | 8000 | 1750 | 8800 |
49. | For supplying of photocopies of the documents, per page. | — | 10 | 10 | 10 | 10 |
50. | Transmittal fee for international application. | — | 3200 | 16000 | 3500 | 17600 |
51. | Transmittal fee for international application (for ePCT filing). | — | No fee | No fee | Not applicable | Not applicable |
52. | For preparation of certified copy of priority document and for transmission of the same to the International Bureau of World Intellectual Property Organization. | — | 1000 (up to 30 pages and, thereafter, 30 for each extra page) | 5000 (up to 30 pages and, thereafter, 150 for each extra page) | 1100 (up to 30 pages and, thereafter, 30 for each extra page) | 5500 (up to 30 pages and, thereafter, 150 for each extra page) |
53. | For preparation of certified copy of priority document and e-transmission through WIPO DAS. | — | No fee | No fee | Not applicable | Not applicable |
54. | On statement regarding working of a patented invention on a commercial scale in India under section 146(2) and rule 131(1). | 27 | No fee | No fee | No fee | No fee |
55. | To be submitted for claiming the status of a small entity or startup. | 28 | No fee | No fee | No fee | No fee |
56. | Application for withdrawing the application under section 11B(4), and rules 7(4A) and 26. | 29 | No fee | No fee | No fee | No fee |
57. | Request for adjournment of hearing under rule 129A (for each adjournment). | - | 1000 | 5000 | 1100 | 5500 |
58. | Miscellaneous form under rule 8(2), to be used when no other form is prescribed. | 30 | As Applicable | |||
59. | Grace period. | 31 | 500 | 2500 | 550 | 2750 |