The DIPP, the Ministry of Commerce and Industry on Tuesday released the draft of increased fees it proposes for filing and prosecuting patents before the Indian Patent Office. The suggestions and objections are invited by the Indian Patent Office before June 20th, 2013. The proposed fee is the straight double of what applicant/ patentee used to pay till now. While, an additional amendment is proposed to provide a new form for filing pre-grant opposition.
These proposed rules provide an incentive for electronic filing by levying an additional fee of 10% as surcharge on any hard copy filing. This (incentive for e-filing) is the best part of the notification - the notification proposes an extensive hike of 100% and existing fee is simply doubled for most of the filings under the Act.
The announcement attracted criticism from attorneys and intellectual property trade groups that warned the costs covering actions like filing, search and examination might be so high that they would restrict the ability of patent filers to submit applications. However, there are certain divisions of people who believe that the increase in fee is justified as: (a) the major patent offices (United States Patent and Trademark Office and European Patent Office) have increased their fees recently and yet the Indian Patent Office fee increase is much lesser than theirs; (b) the money collected from the applications would aid in amelioration of the services provided; and (c) the increased fees would decrease the rate of filing of frivolous patent applications.
Moreover, a new form (Form 7-A) has been introduced for filing a pre-grant opposition under section 25(1) of the Indian Patent Act. Earlier the pre-grant opposition was filed in form of a petition by anyone who wanted to oppose the grant of any particular patent application. The form is to be filed without any fees.
The finalized fee structure would come before the world believably by June 21st, 2013. However, what remains to be known are the objections and assertions the draft receives from the Indian and world IP community.
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