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Bare acts > Patents Rules, 1972 > Rule 7
 
  


 

7. Fees. - (1) The fees payable 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 or may be sent by bank draft or cheque payable to the Controller and drawn on a scheduled bank at a 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 reached the Controller in the ordinary course of the 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 within the time allowed for payment of the fees, shall be accepted only at the discretion of the Controller.

(c) Stamps shall not be received in the payment of any fees payable under the Act.

(d) Where a fee is payable in respect of a document, the entire fee shall accompany the document.

Provided that the Controller may accept the fee in part or allow whole of the fee to be paid at any time within fifteen days from the date of filing of the document and in that event the document shall be deemed to have been filed on the date on which the full fee has been paid.


(3) In case an application processed by an individual is fully or partly transferred to a legal entity other than an individual, the difference, if any, in the scale of fee(s) between the fee(s) charged from an individual and the fee(s) chargeable from the legal entity other than the individual in the same matter shall be paid by the new applicant with the request for transfer.

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

(5) Subject to the approval of the competent authority any applicant or a registered patent agent may deposit money in advance once in a financial year and request the Controller to 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 the request.

 

 

 

 

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