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Friday, January 2, 2015

Design (Amendment) Rules 2014 Notified

Design (Amendment) Rules 2014 have been notified with respect from December 30, 2014 and similar to Patents Act,  three categories of Applicants have been introduced i.e. Natural Person, Small entity and other entity.  For claiming small entity status Form 24 has to be filed (similar to Form 28 under Patents Act). The fee payable by small entity is twice that of payable by a natural person and the fee payable by other entity is 4 times that of payable by a natural person.

Small entity means an entity whose investment in plants/ machines in case indulged in manufacturing/ production of goods is less than 10 crores (approx. 1.6 Millions US Dollars, RBI  reference rate shall prevail) and in case indulged in service industry the investment in equipment is less than 5 crores (approx 0.8 Million US Dollar RBI  reference rate shall prevail). 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.

In case of foreign entity an affidavit duly executed and notarised could be filed along with Form 24 to claim the small entity status, such document should be filed along with every document for which a fee is specified. 

Where an Applicant is transferred to small entity or other entity, respective difference in scale of fee is to be paid. 

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