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Sunday, March 9, 2014

New Patent Amendment Rules 2014 have increased the fee


New Patent  (Amendment) Rules 2014 have been published. There is change in Govt. fee with effect from February 28, 2014. Accordingly the Govt. fee disbursements would be higher. There is cost associated for filing Patent Application physically (10% surcharge). Further, a new category of Applicant is introduced i.e. “small entity”.

 
Small entity means an entity whose investment in plants/ machines (in case indulged in manufacturing/ production of goods) or investment in equipment (in case indulged in services) does not exceed the following limits (it is to be noted that while calculating investment in plants and machinery, the cost of pollution control, research and development, industrial safety devices, and such other things specified under THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 is to be excluded)

 
Micro: investment in plants/ machines for manufacturing  industry is less than INR 25 Lakhs or investment in equipment for service industry is less than 10 lakhs

Small: investment in plants/ machines for manufacturing  industry is between INR 25 Lakhs to 5 Crores or investment in equipment for service industry is between 10 lakhs to 2 crores

Medium: investment in plants/ machines for manufacturing  industry is between INR 5 Crores to 10 Crores or investment in equipment for service industry  is between 2 crores to 5 Crores
 
Therefore small entity are those entity (other than non-natural) having investment in plants/ machines for manufacturing  industry less than 10 Crores or investment in equipment for service industry  less than 5 Crores.

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