MUMBAI – The Office of the Controller General of Patents, Designs and Trademarks announced that the Indian Design Act has been amended and made effective on December 30, 2014.
According to the amended Act, a revised fee structure has been provided for filing of design application as well as other proceedings under the Designs Act in the First as well as Fourth Schedule of the amended rules.
In addition, two main categories of applicants for designs have been introduced as 'natural person" and "other than natural person(s)". The second category of applicants i. e. "other than natural person(s)" has been further divided into two sub-categories: small entity and "others except small entity. The fees for "small entity have been fixed in between the fees for a natural person and for all persons other than natural persons (except a small entity). The criteria for "small entity” have been elaborated in the amended rules.
A new Form 24 has been introduced in the rules for claiming the benefits of reduced official fee of small entity. This Form has to accompany every application filed in the name of a small entity. For subsequent documents towards which a fee has been specified and for which the fee applicable for a small entity is claimed, it should be ensured that Form-24 is filed at least once against the application number.