How to stop patent maintenance fee abuse: 10 tips
- by admin
The number of patent maintenance charges on patents has been on the rise, which is putting the burden on smaller companies to pay out the money.
A new report by the Indian Patent and Trademark Office (IPTO) shows that some companies have paid about 60% of the fees that have been levied on them by the government for the past three years.
The report has been compiled by the IPTO and the Delhi-based law firm, M-Law.
It is based on information obtained by Reuters.
The report says the total fee is Rs 8,095 crore in the first three years of the Narendra Modi government’s reforms.
In the past year, the fee on new and renewal patents rose from Rs 6,200 crore to Rs 7,926 crore, which has put the government in a bind.
The government has to negotiate with the companies who will then have to pay it, said IPTO chairman, Dinesh Gopalakrishnan.
The IPTO has started issuing guidance to companies about how to deal with the fee.
For example, companies can set aside about Rs 500 crore of each new patent for maintenance, he said.
In addition, companies should be aware of the fact that they will not be eligible for a maintenance payment for up to six years.
Companies should also be aware that they should not be overcharged for patent maintenance.
The fees have been pegged at 50% of their costs, Gopalagopal said.
The government’s changes are part of its reforms to the country’s patent regime.
It has been making changes to patents since 2013.
In January 2017, the government decided to increase the fee from 50% to 75%.
It was the first time the government had increased the fee since the 1990s.
The change came in a bid to bring down the cost of issuing patents.
The fee for filing a new patent was pegged at about Rs 2,000 crore last year.
The current rate is Rs 2.50 crore.
The number of patent maintenance charges on patents has been on the rise, which is putting the burden on smaller…