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Section 7 – The Patents Rules,2003

The Patents Rules,2003

Section 7. Fees

(1) The fees payable under section 142 in respect of the grant of patents and applications therefor, 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.

(2)(a) The fees payable under the Act may either be paid in cash 1[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.

(b) Cheques or drafts not including the correct amount of commission and cheques on which the full value specified therein cannot be collected in cash 2[x x x], shall be accepted only at the discretion of the Controller

3[(c) Where a fee is payable in respect of a document, the entire fee shall accompany the document.]

(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 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.

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

(5)(i) Subject to the approval of the Controller, any person may deposit money in advance and request the Controller or 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.

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1. Inserted, ibid.

2. Words “within the time allowed for payment of the fees” omitted, ibid.

3. Substituted by the Patents (Amdt.) Rules,2006, w.e.f. 5-5-2006. Prior to substitution clause (c) read as under: “(c) Where a fee is payable in respect of a document, the entire fee shall accompany the document or shall be paid within one month from the date of filing of the document:

PROVIDED that the Controller may accept the fee in part and allow remaining part of the fee to be paid at any time within one month from the date of filing of the document notwithstanding the expiry of the due date for filing of such document and on such payment the document shall be taken on record from the date of its filing.”

4. Substituted by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005.

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The Patents Rules,2003

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