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For an application for compulsory license For an application for compulsory license Document Transcript

  • For an application for COMPULSORY LICENSE :For a license to republish a Literary, Dramatic, Musical or Artistic work (Section 31, 31-A and 32-A) Rs. 400/- per workFor license to republish a Cinematograph Film (Section 31) Rs. 600/- per workFor a license to republish a sound recording (Section 31) Rs. 400/- per workFor a license to perform an Indian work in public or to communicate the work to the public by Broadcast(Section 31) Rs. 200/- per workFor an application for a license to produce and publish a translation of a Literary or Dramatic work in anyLanguage ) (Section 32 & 32-A Rs. 200/- per workFor an application for registration or copyright in a:- Literary, Dramatic, Musical or Artistic work Rs. 50/- per work- Provided that in respect of a Literary or Artistic work which is used or is capable of being used inrelation to any goods (Section 45) Rs. 400/- per workFor an application for change in particulars of copyright entered in the Register of Copyrights in respectof a:- Literary, Dramatic, Musical or Artistic work Rs. 50/- per work- Provided that in respect of a literary or Artistic work which is used or is capable of being used inrelation to any goods (Section 45) Rs. 200/- per workFor an application for registration of Copyright in a Cinematograph Film (Section 45) Rs. 600/- perworkFor an application for registration of change in particulars of copyright entered in the Register ofCopyrights in respect of Cinematograph film (Section 45) Rs. 400/- per workFor an application for registration of copyright in a Sound Recording (Section 45) Rs. 400/- perworkFor an application for registration of changes in particulars of copyright entered in the Register ofCopyrights in respect of Sound Recording (Section 45) Rs. 200/- per workFor taking extracts from the indexes (Section 47) Rs. 20/- per workFor taking extracts from the Register of Copyrights (Section 47). Rs. 20/- per workFor a certified copy of an extract from the Register of Copyrights of the indexes (Section 47) Rs. 20/-per work
  • For a certified copy of any other public document in the custody of the Register of Copyright or theCopyright Board Rs. 20/- per workFor an application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 400/- per work Scheme of Grant-in-Aid MHRD-IPR Chairs Enforcement of Copyright Download Forms and DocumentsMinistry of Human Resource DevelopmentCopyright BoardWorld Intellectual Property OrganizationFiling a patent application in the Indian Patent Office is the first step towards securinga patent to your invention in India. To file a patent application, a set of forms has to besubmitted to the patent office. The forms can be submitted online(https://www.ipindiaonline.gov.in/on_line/) if you have a class 3 digital certificate.Alternatively, you can send true copies (hard copies) to the patent office.Indian patent offices are located at Delhi, Kolkata, Mumbai and Chennai. The patentapplication has to be filed in the appropriate office based on your/your company’slocation. The table below provides the addresses of the patent offices in India andtheir respective territorial jurisdiction. Office Address Territorial Jurisdiction
  • Mumbai Intellectual Property Office, The States of Maharashtra, BoudhikSampadaBhawan, Near Antop Hill Gujarat, MadhyaPradesh, Post Office, S.M.Road,Antop Hill, MumbaiI Goa and Chhattisgarh and - 400 037. the Union Territories of Phone : 24137701, 24141026, 24150381, Daman and Diu & Dadra and 24148165, 24171457 Nagar Haveli FAX : 24130387 EMAIL: mumbai-patent@nic.inChennai Intellectual Property Office, Intellectual The States of Andhra Property Office Building, G.S.T. Road, Pradesh, Karnataka, Kerala, Guindy, Chennai-600032, Tamil Nadu and the Union Phone: 044-22502081-84 Territories of Pondicherry FAX: 044-22502066, and Lakshadweep Email: chennai-patent@nic.inNew Intellectual Property Office, Intellectual The States of Haryana,Delhi Property Office Building, Plot No. 32, Sector Himachal Pradesh, Jammu 14, Dwarka, New Delhi-110075, and Kashmir, Punjab, Phone : 011-28034304, 28034305 28034306 Rajasthan, Uttar Pradesh, FAX:011- 28034301,02 Uttaranchal, Delhi and the Email: delhi-patent@nic.in Union Territory of Chandigarh.Kolkata Intellectual Property Office, Intellectual The rest of India. Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091, Phone : 23671945, 1946, 1987, FAX-033-2367-1988, Email:- kolkata-patent@nic.inOnce you have identified the patent office in which you have to file your patentapplication, it is now time to get an overview of the forms that have to be submitted.To file a patent application, you will have to submit form 1, form 2, form 3 and form5. Subsequent to filing these forms with the appropriate fees, you will receive a patentapplication number from the patent office. Thereafter, you can file form 9 (optional)and form 18. You can download the Indian patent application filing forms.
  • In the table below, the list of forms that have to be submitted and their respective feesis provided. Fee (INR) Other Form Title Comment Natural than person natural person 1 Application for Grant of Patent 1000 4000 Mandatory Provisional/Complete No 2 No fee* Mandatory Specification fee* Statement and Undertaking Under 3 No fee No fee Mandatory Section 8 5 Declaration as to Inventorship No fee No fee Mandatory 9 Request for Publication 2500 10000 Optional Request for Examination of 18 2500 10000 Mandatory Application for Patent* - A fee of 100/sheet (natural person) and 400/sheet (other than natural person) isapplicable for each sheet exceeding 30 sheets in a patent specification. Further, a feeof 200/claim (natural person) and 800/claim (other than natural person) is applicablefor each claim exceeding 10 claims in the patent specification.Before reading further, I recommend reading our article “How much does it cost toget a patent in India?” I think it will help you in taking some decisions during thefiling process.It should be noted that Forms 1, 2, 3 and 5 can be submitted online. The remainingforms (forms 9 and 18) have to be submitted to the patent office by sending hardcopies of the executed forms. Further, note that if you are filing online, form 1 will
  • have to be filled in the online filing portal. The remaining forms (2, 3 and 5) have toexecuted and the scanned copies of the same have to be uploaded during filing.An overview of each of the forms is provided below.Form 1 - Application for Grant of PatentAs the name suggests, this form is an application for grant of patent in India. In thisform, you will have to furnish information, such as, name and address of theinventor(s), name and address of the applicant(s), information corresponding to priorpatent applications relating to the current invention, which you or any authorizedentity has filed, and some declarations, among other information.(Added after receiving comments from Mr. Naren) Please note that a localcommunication address (address in India) has to be provided. This point is ofimportance to foreign (Non-Indian) applicants.Form 2 - Provisional/Complete SpecificationForm 2 is used to furnish your patent specification. The patent specification can beprovisional or a complete patent specification depending of the type of patentapplication (provisional or complete) you are filing. You might find our article on“What are the different patent filing options?” useful.If you are filing a provisional patent application, then use the following preamble inthe first page of Form 2: The following specification describes the inventionOn the other hand, if you are filing a complete patent application, then use thefollowing preamble in the first page of Form 2:
  • The following specification particularly describes the invention and the manner inwhich it is to be performedNote that, if you are filing offline, 2 copies of the patent specification has to be sent tothe patent office. Additionally, count the number of sheets and claims (extra fee formore than 30 sheets and more than 10 claims) and calculate the appropriate fee. Whilecounting the sheets, even the drawing sheets will have to be taken into account.Form 3 - Statement and Undertaking Under Section 8Form 3 is used to furnish information/actions relating to patent applications filed inother countries for the current invention. Additionally, any information relating to therights corresponding to the present patent application has to be furnished. Further, youwould be using form 3 to undertake that you will be keeping the patent officeinformed in writing the details regarding corresponding applications for patents filedoutside India.Form 5 - Declaration as to InventorshipThis application is used to declare the inventors of the subject matter sought to beprotected using the current patent application.Form 9 - Request for PublicationIf this form is not filed, then the patent specification will be published by the patentoffice after 18 months from the priority date (filing of the first patent application forthe current subject matter). On the other hand, by filing this form, you can generallyhave your patent specification published within 1 week from filing this form. Notethat the patent rights start from the date of publication of the patent application(enforceable after grant of patent).
  • Form 18 - Request for Examination of Application for PatentThis form can be filed within 48 months from the priority date. The patent office willnot consider your patent application for examination unless this form is filed. Hence,if you wish to expedite the patenting process, filing of form 9 and 18 at an early stageis advised.As a final note, I would advise you to carefully study each form and provideappropriate information, so that there is no adverse effect at a later stage.I hope this article helps you in filing patent applications in India. You can downloadthe article here.Please feel free check our patent services page to find out if we can cater to yourpatent requirements. You can also contact us to explore the option of workingtogether.Best regards - Team InvnTreeThis work is licensed under a Creative Commons Attribution-NonCommercial 3.0Unported LicenseHow much does it cost to get a patent in India?Send to friendSubmitted by Team Invntree on Wed, 01/19/2011 - 14:33Understanding the cost structure corresponding to applying for a patent can help in making someimportant decisions. Hence, instead of having a generic idea about the overall cost, it helps if you areaware of the breakdown of the cost structure and the time of incurring such expenses.
  • The overall cost of obtaining a patent includes the fee that has to be paid to the patent office (statutoryfee) and the fee paid to the patent service provider (professional fee). The professional fee varies basedon the service provider you may select. Hence, in this article I will deal only with the statutory fee.The statutory fee depends on who the applicant of the patent is. The Indian Patent Office (IPO) hascategorized the applicants into 2 categories: Natural person Other than natural personAny individual(s) applying for a patent is considered as a natural person. On the other hand, all otherentities that do not fall under the first category, naturally fall under the second category. For example,legal entities, such as, companies would fall under the second category. It shall be noted that, a patentapplication can have more than one applicant, and even if one of the applicants do not fall under thefirst category, then the patent application is considered to be filed by the second category applicants.The patent office collects 4 times the fee from the second category applicants as compared to firstcategory applicants.In this article, I will list down the fee applicable to the first category applicants. You may simple multiplythis fee with 4 to determine the fee applicable to second category applicants.Sl. No.DescriptionFee (in INR, 1$ = ~INR 45)
  • Comment1Application for grant of patent1000Mandatory2Early publication fee
  • 2500Optional3Request for examination of patent application2500
  • Mandatory4Extra pages100/SheetOptional5
  • Extra claims200/ClaimOptionalSl. No. 1A fee of INR 1000 has to be paid while submitting the patent application in the IPO.Sl. No. 2A fee of INR 2500 has to be paid if you wish to have your patent application published by the IPO early. Ifthis request is not made, then the IPO publishes your patent application after 18 months from prioritydate (date on which you first file a patent application for your invention). There are several advantagesof having a patent application published early. Some of the advantages are: early publication can help inexpediting the patent application examination process and the patent rights start from the date ofpublication.
  • Sl. No. 3A fee of INR 2500 has to be paid, requesting the IPO to examine your patent application. This fee can bepaid within 48 months from the priority date. However, note that the patent office puts your applicationin queue for examination only after receiving this fee. Hence, if you want to expedite the patent process,it is advisable to pay this fee at the earliest.Sl. No. 4The IPO accepts patent specification, which has up to 30 sheets without charging any extra fee.However, if the specification crosses 30 sheets, then a fee of INR 100/sheet for each extra sheet has tobe paid to the IPO.Sl. No. 5Further, the IPO accepts patent specification, which has up to 10 claims (no limitation on independentclaims) without charging any extra fee. However, if the specification has more than 10 claims, then a feeof INR 200/Claim for each extra claim has to be paid to the IPO.I hope you found this article helpful. Please feel free to contact us to know more about how our patentservices can help you in your business.You can download a copy of this article hereThank you,Team InvnTreeThis work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License
  • In simple words, “Patent filing” can be defined as a process of submitting anapplication in a patent office requesting grant of patent to your invention. If you wishto protect your invention in different countries, then you will have to submit a patentapplication in each of those countries. There are various options or approaches youmay use to protect your invention in one or more countries. By understanding thevarious patent filing options, you can construct a patent filing strategy based on yourbusiness objectives and economic constraints. This articles attempts to provide anoverview of the patent filing options you can use. (You may be also interested inreading the article “How much does it cost to get a patent in India”)I will attempt to explian the options in a less complex way without trying to be“politically correct”. The options can be broadly divided into 4 classifications: 1. Filing a provisional patent application 2. Filing a complete patent application in your country 3. Filing a patent application in a foreign country 4. Filing a Patent Cooperation Treaty (PCT) application1. Filing a provisional patent applicationA provisional patent application is filed to secure a priority date for your invention. A priority date is thedate on which the first patent application for your invention is filed. This date is important because,knowledge available in public domain before the priority date is referred to as “prior art”, and this priorart is considered by the patent office to decide if a patent has to be granted to your invention. If youdelay filing of the patent application, then naturally, more knowledge in the public domain gets addedto the prior art, hence decreasing the probability of patent grant to your invention.Normally, inventors/companies file a provisional application in two senarios. The first senario is whentime is of concern, and drafting a well constructed complete patent specification might delay the patentfiling process. This delay in filing, pushes the priority date further, thereby reducing the probability ofpatent grant to your invention. The second senario is when money is of concern. Depending on thecountry in which the patent application is filed, there can be a substantial difference between theprovisional and complete application fee that has to be paid to the patent office. Further, depending onthe patent consultant you choose to work with, there can be substantial difference in the fee charged by
  • the patent consultant to draft a provisional and a complete specification. Hence, sometimesinventors/companies draft a provisional specification on their own and file the same.The main difference between a provisional and a complete patent application is, a complete applicationwill have a “claim” section, whereas the claim section will be absent in a provisional application. Claimsdefine the scope of your invention and describes what you wish to protect in your invention.It shall be noted that, a complete patent application has to be filed within 12 months from the date offiling the provisional application. Failure to do so will be considered as abondining the provisionalapplication. Once abandoned, the advantages of filing the provisional application cannot be availed.A provisional application can be filed in the patent office of your country or in a patent office of anyconvention countries (list of contracting countries - Paris conventional).2. Filing a complete patent application in your countryA complete patent application has to be filed in the patent office of your country if you wish to protectyour invention in your country. A complete patent application can be filed in the first place or if youhave filed a provisional application provisously, then within 12 months from the provisional applicationfiling date.A complete patent application in your country can be filed by using any one of the following options: File a provisional application in any convention country (secure a priority date) and file a completeapplication in the patent office of your country within 12 months from the priorit date. File a complete application in any convention country (secure a priority date) and and file a completeapplication in the patent office of your country within 12 months from the priority date. Use the PCT route – Explained under option 4
  • 3. Filing a patent application in a foreign countryIf you wish to wish to protect your invention in a foreign country, you can choose from one of theoptions given below: File a provisional application in any convention country (secure a priority date) and file a completeapplication in each of the foreign countries in which you wish to protect your invention within 12months from the priorit date. File a complete application in any convention country (secure a priority date) and and file a completeapplication in each of the foreign countries in which you wish to protect your invention within 12months from the priority date. Use the PCT route – Explained in detail below4. Filing a Patent Cooperation Treaty (PCT) applicationFiling a PCT application is a good strategy if you wish to protect your invention in more number ofcountries. By filing a PCT application, you get 30 months duration (sometimes even 31 monthsdepending on the country) from the priority date to file patent applications in each country in which youwish to protect your invention. Note that if you had not filed a PCT application, then you would haveonly 12 months duration from the priority date to file patent applications in each country in which youwish to protect your invention. Another important point to be noted in case of PCT application is that,only comple patent applications are accepted as PCT applications. Further, a PCT application can be filedin the patent office of your country.A PCT application can be under the following senarious:
  • File a provisional application in any PCT member country (secure a priority date) and file a PCTaspplication within 12 months from the priorit date. Subsequently, file patent applications, within 30/31months from priority date, in each country (has to be a PCT member country, list of PCT contractingcountries) you wish to protect your invention. File a complete application in any PCT member country (secure a priority date) and file a PCTapplication within 12 months from the priority date. Thereafter, file patent applications, within 30/31months from priority date, in each country (PCT member country) you wish to protect your invention. File a PCT application in the first place and secure a priority date. Thereafter, file patent applications,within 30/31 months from priority date, in each country (PCT member country) you wish to protect yourinvention.It should be noted the patent filing strategy may be constructed on a case to case basis. The filingstrategy may depend on business objectives, market conditions and economic constriants, among otherfactors.I hope you found this article helpful.You can download a copy of this article herePlease feel free check our patent services page to find out if we can cater to your patent requirements.You can also contact us to explore the option of working together.