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(b)
omitted
(c) Where a fee is payable in respect of a document, the entire fee shall accompany
the document.
(3) In case an application processed by a natural person is fully or partly transferred to a
person other than a natural person, the difference, if any, in the scale of fee(s) between the
fee(s) charged from a natural person and the fee(s) chargeable from the person other than
the natural person in the same matter shall be paid by the new applicant
with the request
for transfer.
(3A) In case an application processed by a small entity is fully or partly transferred to a
person other than a natural person (except a small entity), the difference, if any, in the scale
of fee(s) between the fee(s) charged from a small entity and the fee(s) chargeable from the
person other than a natural person (except a small entity) in the same matter shall be paid
by the new applicant with the request for transfer.;
(3B) In case an application processed by a startup is fully or partly transferred to any
person other than a natural person or a startup, the difference, if any, in the scale of fees
between the fees charged from a startup and such person to whom the application is
transferred, shall be paid by the new applicant along with the request for transfer:
Explanation.
— Where the startup ceases to be a startup after having filed an
application for patent due to lapse of more than five years from the date of its
incorporation or registration or the turnover subsequently crosses the financial
threshold limit as defined, no such difference in the scale of fees shall be payable.‖
(4) Fees once paid in respect of any proceeding shall not ordinarily be refunded
irrespective of whether the proceeding has taken place or not:
Provided that, if the Controller is satisfied that during the online filing process, the
fee was paid more than once for the same proceeding, the excess fee shall be refunded.‖
(4A) Notwithstanding anything contained in sub-rule (4), upon the withdrawal of an
application in respect of which a request for examination has been filed, but before
issuance of first
statement of objection, the fee may be refunded to the extent prescribed in
the First Schedule on a request made by the applicant in Form 29.
(5) (i) Subject to the approval of the Controller, any person may deposit money in
advance 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 such request.
(ii) Subject to the approval of the Controller, any person may discontinue the
deposit
of money in advance and in such case the balance, if any, shall be refunded.
8. Forms.—(1) The Forms set forth in the Second Schedule with such variations as the
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circumstances of each case may require shall be used for the purposes mentioned therein.
(2) Where no Form is so specified for
any purpose, the applicant may use Form 30 specified
in the Second Schedule.
9. Filing of documents and copies, etc. — (1) All documents and copies of
the documents, except
affidavits and drawings, filed with patent office, shall -
(a) be typewritten or printed in Hindi or English (unless otherwise directed or
allowed by the Controller) in large and legible characters not less
than 0.28
centimetre high with deep indelible ink with
lines widely spaced not less
than one and half spaced only upon one side of the paper;
(b) be on such paper which is flexible, strong, white, smooth, non-shiny, and durable
of size A4 of approximately 29.7 centimetre by 21 centimetre with a
margin of at
least 4 centimetre on the top and left hand part, and 3 centimetre on the bottom
and right hand part thereof;
(c) be numbered in consecutive Arabic numerals in the centre of the bottom of the
sheet; and
(d) contain the numbering to every fifth line of each page of the description and
each page of the claims at right half of the left margin.
(2) Any signature which is not legible or which is written in a script other than English or
Hindi shall be accompanied by a transcription of the name either in Hindi or
English in
capital letters.
(3) In case, the application for patent discloses sequence listing of nucleotides or amino
acid sequences, the sequence listing of nucleotides or amino acid sequences shall be filed in
computer readable text format along with the application, and no print form of the
sequence listing of nucleotides or amino acid sequences is required to be given.
(4) Additional copies of all documents shall be filed at the appropriate office as may be
required by the Controller.
(5) Names and addresses of applicant and other persons shall be
given in full together with their nationality and such other
particulars, if any, as are
necessary for their identification.