Rule 7

7. Fees.—

(1) The fees payable under section 142 in respect of the grant of patents and applications therefore, and in respect of other matters for which fees are required to be payable under the Act shall be as specified in the First Schedule.

(Incorporated by 2014 amendment) Provided that ten per cent. additional fee shall be payable when the applications for patent and other documents are filed through physical mode, namely, in hard copy format:

(Incorporated by 2019 amendment)

Provided further that in the case of a small entity, or startup, every document, for which a fee has been specified, shall be accompanied by Form-28.

(end of insertion by 2019 amendment)

(Substitutes)Provided further that in the case of a small entity, every document, for which a fee has been specified, shall be accompanied by Form-28. (end of insertion by 2014 amendment)

(2) (a) The fees payable under the Act or these rules may be paid at the appropriate office either in cash or through electronic means or may be sent by bank draft or banker‘s cheque payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated and if the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller (substitutes “The fees, payable under the Act may either be paid in cash or through electronic means or may be sent by bank draft or cheque payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or cheque would have reached the Controller in the ordinary course of mail” by 2016 amendment).

(b) Omitted in the Indian patent rules

(Incorporated by 2020 amendment)

(3) In case an application processed by a natural person or startup or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, the difference, if any, in the scale of fees between the fees charged from the natural person, startup or small entity and the fees chargeable from the person other than a natural person, startup or small entity in the same matter, shall be paid by the new applicant with the request for transfer.

Sub-rule (3A) – [Omitted]

Sub-rule (3B) – [Omitted]

Explanation— Where a startup or small entity, having filed an application for a patent, ceases to be a startup or small entity due to the lapse of the period during which it is recognized by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable.

(end of insertion by 2020 amendment)

(Substituted by 2020 amendment)(3) In case an application processed by a natural person is fully or partly transferred to a person other than a natural person, the difference, if any, in the scale of a fee(s) between the fee(s) charged from a natural person and the fee(s) chargeable from the person other than the natural person in the same matter shall be paid by the new applicant with the request for transfer.

(Substituted by 2020 amendment) (3A) (Incorporated by 2014 amendment) In case an application processed by a small entity is fully or partly transferred to a person other than a natural person(except a small entity), the difference, if any, in the scale of a fee(s) between the fee(s) charged from a small entity and the fee(s) chargeable from the person other than the natural person (except a small entity) in the same matter shall be paid by the new applicant with the request for transfer (end of insertion by 2014 amendment)

(Substituted by 2020 amendment) (3B) (Incorporated by 2016 amendment) In case an application processed by a startup is fully or partly transferred to any person other than a natural person or a startup, the difference, if any, in the scale of fees between the fees charged from a startup and such person to whom the application is transferred, shall be paid by the new applicant along with the request for transfer:

(Substituted by 2020 amendment)Explanation.- Where the startup ceases to be a startup after having filed an application for patent due to a lapse of more than five years from the date of its incorporation or registration or the turnover subsequently crosses the financial threshold limit as defined, no such difference in the scale of fees shall be payable. (end of insertion by 2016 amendment)

(4) Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not.

(Incorporated by 2016 amendment) Provided that, if the Controller is satisfied that during the online filing process, the fee was paid more than once for the same proceeding, the excess fee shall be refunded.; (end of insertion by 2016 amendment)

(4A) (Incorporated by 2016 amendment) Notwithstanding anything contained in sub-rule (4), upon the withdrawal of an application in respect of which a request for examination has been filed, but before issuance of the first statement of objection, the fee may be refunded to the extent prescribed in the First Schedule on a request made by the applicant in Form 29. (end of insertion by 2016 amendment)

(5) (i) Subject to the approval of the Controller, any person may deposit money in advance and request the Controller to realise any fee payable by him from the said deposit and in such case the date of the receipt of the request to realise the fee or the date on which the request to realise the fee is deemed to have been received, whichever is earlier, shall be taken as the date of payment of the fee:

Provided that the requisite amount of money is available at the credit of the person making such request.

(ii) Subject to the approval of the Controller, any person may discontinue the deposit of money in advance and in such case the balance, if any, shall be refunded.