Increase in design office fees for SMEs & Large Entities
January 2, 2015 16:10 IST
Amendments to the Designs Rules of 2001 have been finalised by the Department of Industrial Policy and Promotion to introduce three different set of fees for processing design applications filed by natural persons, small entities and others (large corporations, firms, etc.). Upon final publication of the amendments, with effect from 30 December 2014, all fees payable at the patent office in respect of design applications filed by large entities have increased by three times of the prevailing rates and the same for small entities have now doubled.
For example, the fee for filing an application for registration of design (Form-1) is now ₹ 4000 for large entities and ₹ 2000 for small entities as against the old flat-rate of ₹ 1000 for all applicants. Similarly, the fee for filing application to extend copyright in design (Form-3) have increased from ₹ 2000 to ₹ 8000 and ₹ 4000 respectively for large and small entities. The amendments were actually proposed in October 2013 to increase all patent office fees in respect of design registrations by all non-natural persons. But interestingly, to reduce the cost for small businesses and to bring the design fee categories in line with the patent fee categories (revised in February 2014), the final amendment rules have introduced another category with discounted rates for small entities.
As per the amended rules, all payments claiming small entity status must accompany Form-24. There has been no change in the patent office fees in respect of design applications filed by natural persons. But the Designs (Amendment) Rules, 2014 has introduced two new clauses (e) & (f) to Rule 5(2) in respect of an application filed and processed by a natural person and subsequently transferred to a non-natural person. As per the new clauses under Rule 5(2), the difference in fees already paid as a natural person must be paid at the time of requesting transfer of ownership. The amendments have also increased the fee payable by a person other than a natural person in respect of any proceedings before the controller, i.e. opposition to the application for registration of design, cancellation of registered design, etc.
Earlier in 2014, the Government also increased all official fees payable in respect of patent application & the fees for filing trademark application. But this change to design fees for non-natural person applicants is gigantic as the fees increases as much as 300%. As listed under the first draft of the National IPR Policy, we expect in the near future, the government might introduce comprehensive e-filing facility for Designs and fee discounts for using the online facility.
For any feedback/query contact us
