Forms & Fees Continued

1 of 4

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Forms & Fees Continued

4th February 2014

Group 8: Forms & Fees Needed for filing miscellaneous requests to controller

Form
11

ApplicaƟon for direcƟon of the controller

Patentee

1500

6000

------

Authorised
person acc to
law

1000

4000

--------

Power of controller to give direcƟons to
co-owners
Form
16

ApplicaƟon for registraƟon of Ɵtle/ interest
in a patent or share in it or registraƟon of
any document purporƟng to affect
proprietorship of the patent

Sec
51(1)
Sec
51(2)
Sec 69
(1)
Sec 69
(2)

Rules 76
Rules 77

Sec 53
(2)
Sec 142
(4)

Rule 80
(1A)
Rule 13
(6)
Rule 130

Sec 39

Rule 71
(1)

Sec 146
(2)

Rule 131
(1)

Rule 90
(1)
Rule 90
(2)

1) Where any person becomes entitled
by
assignment,
transmission
or
operation of law to a patent or to a
share in a patent or becomes entitled as
a mortgagee, licensee or otherwise to
any other interest in a patent, he shall
apply in writing in the prescribed
manner to the Controller for the
registration of his title or, as the case
may be, of notice of his interest in the
register.
(2) Without prejudice to the provisions
of sub-section (1), an application for the
registration of the title of any person
becoming entitled by assignment to a
patent or a share in a patent or
becoming entitled by virtue of a
mortgage, licence or other instrument to
any other interest in a patent may be
made in the prescribed manner by the
assignor, mortgagor, licensor or other
party to that instrument, as the case
may be.

Group 9: Forms & Fees Needed for filing miscellaneous requests

Form 4*

Request for
extension of Ɵme

Patentee

300 per
month

1200 per
month

Form
25*

Request for
permission for
making patent
applicaƟon
outside India

Applicant

1000

4000

Form
27*

Statement
regarding the
working of the
patented
invenƟon on
commercial scale
in India

Patentee /
Licensee

No fee

No fee

For payment of maintenance/
renewal fee
(when the fee is not paid w.in 3
months of recordal patent in
register, it should be paid w.in
extended period of 9 months,
by paying extension fees of 6
months on form-4 from the
date of recordal)
[If any applicaƟon is to be filed
abroad, without filing in India,
it should be made only aŌer
the wriƩen permission from
Controller. The request for
permission for making patent
applicaƟon outside India shall
be made in Form-25
The patentee and every
licensee shall furnish a
statement as to the extent to
which the patented invenƟon
has been worked on a
commercial scale in India in
form-27, in respect of every
calendar year, w.in 3 months
of the end of each year i.e by
end of march 31st in respect of

13-Oct-16 7:35 PM

he shall file the reply statement in duplicate (one for controller and one for opponent) w. w. An extension of one month is possible by filing form 4.in/2014/02/group-8-forms-fees-neede. 142(4) relates to patent is granted any Ɵme aŌer two years from the date of filing of applicaƟon. Rule 13 (6) Extension of one month for filing Form 5 (declaraƟon as to inventorship) Rule 24 (B) (4) (ii) Time to file answer to first statement of objecƟon for granƟng patent raised by an examiner is extendable. Request for extension of Ɵme. Extension is possible for certain patent office proceedings only.. (I could not get the exact extension Ɵme given) Rule 80 (1A) .blogspot. fees which have become due in the meanƟme may be paid within a term of three months from the date of the recording of the patent in the register. Rule 59-Filing of reply evidence by opponent (the opponent shall file reply w. Form 4 Request for extension of Ɵme On Form 4.. SecƟons covered are 53(2) and 142(4) 53(2) relates to extension for patent of renewal fee.in 2 months from the date of receipt of opponent’s statement and evidence.in 1 month from the date of delivery of a copy of patentee’s reply statement) Rule 60-Further evidence to be left with the leave of the controller (No further evidence shall be delivered with the leave or direction of controller) Rule 61-Copies of documents to be supplied (All documents should be in duplicate. and any non-english document shall be furnished along with attested translation) 2 of 4 13-Oct-16 7:35 PM . This has to be filed within one month from the date of receiving the order from the controller. An extension is given for nine months from the date of recording the patent in patent register. The controller shall inform the patentee on receipt of such noƟce. 63 Rule 87 Sec 63 (3) Rule 87 (2) Procedure to be followed in case of opp Rule 57-63 If the controller accepts the patentee’s offer to surrender he may direct the patentee to return the patent and on receipt of which controller by order revokes it and publishes such revocaƟon in official journal Rule 57-Filing of written statement of opp and evidence Rule 58-Filing of reply statement and evidence (if patentee desire to contest the opp.in 3 months from the date of publicaƟon of such offer in the official journal.Forms & Fees Continued http://patentagentexam.Payment of renewal fee is extendable by 6 months. Group 10: Forms & Fees Needed for filing miscellaneous requests Form No For what Who can file Natural person fee Others/ companies -------- App for surrender of patent on plain paper Patentee 1000 4000 Form 14 NoƟce of opposiƟon to surrender of patent Any interested person 1500 6000 Related due dates Acc to which secƟon Rule Patentee may any Ɵme offer to surrender his patent through an applicaƟon on plain paper.form 24 is filed for asking the controller to review his decision or set aside his order. On receipt of such request controller publishes it in official journal and noƟfies every one registered in the patent as having interest An opposiƟon against the offer to surrender the patent may be filed by any person interested in form-14 in duplicate. Rule 130 . previous yr.

Rule 62-Hearing (Controller fixes a date and time for hearing and informs both parties 10 days in advance..) Rule 63-Determination of costs Group 11: Forms & Fees Needed for Correction of Errors Form No For what Who can file Natural person fee Others/ companies ------ On a request for correcƟon of clerical errors under sec 78(2) Any interested person 500 2000 Form 14 NoƟce of opposiƟon to correcƟon of clerical errors in any patent or spec or other doc Any interested person 1500 6000 Related due dates Acc to which secƟon Rule Req for correcƟon of clerical errors in any doc shall be accompanied by a copy of the doc highlighƟng the correcƟons along with prescribed fees OpposiƟon to correcƟon of clerical errors (Any interested person w. 132. inspecƟon under rule 27 – published docs rule 74A .S 1000 4000 On applicaƟon for postdaƟng Applicant 94(3) 72.Forms & Fees Continued 3 of 4 http://patentagentexam. 153 135 500 2000 17. If either party desires to be heard.granted docs 200 800 72 27.S to P.in 3 months from the date of the adverƟsement of the request for correcƟon may give noƟce of OpposiƟon along with a statement in duplicate seƫng out the nature of interest and the facts on which he relies and the relief which he seeks 78 (2) 122 Sec 78 (5) Rule 124 Group 12: Forms & Fees Needed for Registration of patent Agents & restoration of their names Form 22* ApplicaƟon for registraƟon of patent agent cerƟfied patent agent who cleared the exam 2000 No fee Form 23 ApplicaƟon for restoraƟon of name in the register of patent agents patent agent 1000 No fee RestoraƟon of names of patent agents removed from the register can be made by controller.. 147 133 13-Oct-16 7:35 PM .blogspot. 9(4) On request for entry of an addiƟonal address for service in the register of patents under rule 94(3) 500 2000 For cerƟfying office copies. Rule 109 (1) Rule 112 Sec 130 (2) Rule 117 (1) Group 13: Fees to be paid for miscellaneous requests Form No ------ For what Who can file Natural person fee Others/ companies Acc to which secƟon Rule On request for inspecƟon of register under sec 72. 132 and 153 and rule 135Patent agent related info 300 1200 127. 74A On request for informaƟon under sec 127.in/2014/02/group-8-forms-fees-neede. if an applicaƟon is made within 2 months from the date of removal ……. printed each 500 2000 On request for cerƟfied copies under sec 72 or for cerƟficate under sec 147 and rule 133 1000 4000 For preparaƟon of cerƟfied copy of priority document and for transmission of the same to the IB of WIPO 1000 4000 On peƟƟon not otherwise provided for -ConverƟng C. they shall reply by giving a notice that hearing will be attended under rule 62(2)-No form-1500/6000.

Forms & Fees Continued 4 of 4 http://patentagentexam.in/2014/02/group-8-forms-fees-neede. On request for duplicate cerƟficate of patent agent under rule 111A/ duplicate patent under sec 154 and rule 132 For supplying of photocopies of the documents per page 1000 4000 4 4 154 111A. 132 Posted 4th February 2014 by Laasya 0 Add a comment Comment as: Publish 13-Oct-16 7:35 PM ...blogspot.