Rule 7 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 7 is the payment rule of the Patents Rules, 2003. It says that fees under section 142 of the Patents Act are those in the First Schedule, how they may be paid, when a ten per cent addition applies, what happens to the fee scale when an application changes hands, and when a fee may be refunded or held on deposit.
Fees are as specified in the First Schedule, with ten per cent additional fee when documents are filed in physical mode (hard copy). A small entity, startup or educational institution must attach Form 28 to every fee-bearing document. The entire fee must accompany the document. Fees once paid are not ordinarily refunded; the exceptions are a double online payment (rule 7(4) proviso) and withdrawal after a request for examination but before the first statement of objections (rule 7(4A), on Form 29).
Sub-rule (1): the First Schedule and the physical-mode addition
Sub-rule (1) says the fees payable under section 142 in respect of the grant of patents and applications for them, and for other matters for which fees are payable under the Act, are as specified in the First Schedule. See our article on section 142 of the Patents Act, 1970 for the Act side.
Two provisos follow.
- Physical mode. Ten per cent additional fee is payable when applications for patent and other documents are filed through physical mode, namely in hard copy format.
- Form 28. In the case of a small entity, startup or educational institution, every document for which a fee has been specified shall be accompanied by Form 28. The categories are described in our article on the definitions of small entity, startup and educational institution.
If you are budgeting a filing, our patent drafting and filing service can prepare the fee workings for the applicant category you qualify for.
How the 2024 fee table is laid out
Table I of the First Schedule was substituted in 2024. Each entry is shown in four amount columns:
| Column | Applicant | Mode |
|---|---|---|
| 4 | Natural person, or startup, or small entity, or educational institution | E-filing |
| 5 | Others, alone or with a natural person, startup, small entity or educational institution | E-filing |
| 6 | Natural person, or startup, or small entity, or educational institution | Physical filing |
| 7 | Others, alone or with a natural person, startup, small entity or educational institution | Physical filing |
Some heads read "Not allowed" in the physical-filing columns, which means those fees can be paid only for e-filing. The ten per cent addition can be seen in the table itself. As per the First Schedule as substituted in 2024, entry 13 (request for publication under section 11A(2) and rule 24A) is 2500 in column 4 and 2750 in column 6, and 12500 in column 5 and 13750 in column 7. Entry 3 (statement and undertaking under section 8) carries no fee in any column.
Sub-rule (2): how to pay
Clause (a) says fees payable under the Act or the Rules may be paid at the appropriate office in cash, through electronic means, or by bank draft or banker's cheque payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or cheque is sent by post, the fee is deemed paid on the date it actually reaches the Controller.
Clause (b) is omitted. Clause (c) says where a fee is payable in respect of a document, the entire fee shall accompany the document. Part payment does not satisfy the rule.
A drafting slip: the sub-rule prints "(2) (a) (a)", with the clause letter repeated. It is read as sub-rule (2)(a).
Sub-rule (3): fee difference on transfer
If an application processed by a natural person, startup, small entity or educational institution is fully or partly transferred to a person other than a natural person, startup, small entity or educational institution, the difference, if any, between the fee scales shall be paid by the new applicant along with the request for transfer.
The Explanation exempts a startup or small entity that has filed an application and later ceases to qualify because the period of its recognition by the competent authority lapses or its turnover crosses the notified financial threshold; no difference in the scale of fees is payable in that case.
Sub-rules (3A) and (3B) are printed as "shall be omitted;" and so are not in force. The words "shall be omitted" remain in the text as a leftover of the amending wording, another point to note.
Sub-rule (4): fees are not ordinarily refunded
Fees once paid in respect of any proceeding shall not ordinarily be refunded, irrespective of whether the proceeding has taken place. The proviso carves out one exception: 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.
Sub-rule (4A): refund on withdrawal
Notwithstanding sub-rule (4), where an application in respect of which a request for examination has been filed is withdrawn, but before issuance of the first statement of objection, the fee may be refunded to the extent prescribed in the First Schedule, on a request by the applicant in Form 29.
The extent is in Table II (Fees refundable) of the First Schedule. Table II, which the 2024 amendment did not touch, reads: refund of fees under sub-rule (4A) of rule 7 is 90% of the fee paid for request for examination or request for expedited examination. Withdrawal itself is covered in our article on rules 26 and 27. The words "request for examination" carry the rule 2(db) meaning, covering both rule 24B and rule 24C requests.
Sub-rule (5): advance deposit
Subject to the approval of the Controller:
- (i) any person may deposit money in advance and ask the Controller to realise any fee payable from the deposit. The date of receipt of the request (or the date on which it is deemed received, whichever is earlier) is taken as the date of payment, provided the requisite amount is at the credit of the person at that time.
- (ii) any person may discontinue the deposit, in which case the balance, if any, is refunded.
A deposit is useful where an applicant expects many fee-bearing filings, since the payment date is fixed by the request to realise the fee, not by a later bank step.
A worked example
Orion Textile Lab, a small entity, files a request for publication in hard copy. It must attach Form 28, and the First Schedule physical-filing column for its category applies, which carries the ten per cent addition. Later it files a request for examination and then withdraws the application before any first statement of objections is issued. It may apply on Form 29 for a refund under rule 7(4A) of 90% of the examination fee paid, as per Table II. Had the application already received a first statement of objections, rule 7(4A) would not apply and rule 7(4) would leave the fee unrefunded.
When the fee scale changes
A common surprise arises when a startup assigns its application to a larger company. Rule 7(3) puts the difference in fee scale on the new applicant, payable along with the request for transfer, unless the Explanation applies. See also our article on changes of applicant for the rules on substitution.
Need help with fees?
Fee categories, physical-mode additions and refund requests are easy to get wrong. If you want help reading the table for your category, or filing electronically with the right Form 28, our patent drafting and filing service can assist.
Key takeaways
- Fees are those in the First Schedule; physical filing attracts ten per cent additional fee.
- Form 28 accompanies every fee-bearing document filed by a small entity, startup or educational institution.
- The entire fee must accompany the document.
- A transfer to a different category of applicant requires payment of the difference in fee scale, subject to the Explanation.
- Refund is the exception: double online payment, or withdrawal on Form 29 before the first statement of objections.
- Later amendments after the Second Amendment Rules, 2024 should be checked.
Read next
- Rule 2: definitions of small entity, startup and educational institution
- Rules 8 and 9: forms and filing of documents and copies
- Rules 26 and 27: withdrawal of application and inspection of published documents
- Section 142 of the Patents Act, 1970: fees
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.