In the present case it appears that the petitioner had applied for certain certified copies of 26 documents related to the same patent and the Patent Office is apparently charging Rs. 4000 per document which cumulatively runs into Rs. 104,000 ONLY.
The Petitioner on the other hand claims that the cost should be calculated at Rs. 4000 towards a certified copy plus Rs. 4 per page i.e. (Rs. 4000 + (4x 26 documents). The fee schedule of the patent office on its website does indicate Rs. 4000 for a certified copy but it does not give the broad classification i.e. if a company were to apply for a certified copy of an entire file wrapper would the Patent Office charge Rs. 4000 as processing fee for the entire file wrapper or would it charge Rs. 4000 per component of the file wrapper i.e. patent certificate, i.e. register of patents, specification, Form 7, Form 27 etc.
In order to put things in better perspective I urge you to check out the fee schedule of the patent office that is available over here on their website. To file a patent application it costs Rs. 4000. But if you want certified copies of the same, its just priceless……………even Mastercard couldn’t get you the same!!!
I just hope that the Patent Offices picks up some lessons from the Ministry of Company Affairs which, under its ambitious MCA 21 e-governance program, allows citizens to apply for certified copies of any of its records through the internet after paying through a credit or debit card. This in effect cuts out the middleman. In the case of the Patent Office most companies apply through a patent agent or firm which in turn will charge a hefty sum. A troubled litigant once related to me a story of how he wanted to get out certified copies of three different documents, one page each, from the patent office. First the patent office extracted Rs. 4000 per page which means Rs. 12,000 right there plus the patent firm’s costs of Rs. 6000 per application to the patent office for certified copies i.e. 6000 x 3 = Rs. 18,000. Additionally the lawyer who made the referral to the patent agent charged an extra fee for his services. The total therefore is Rs. 30,000 for three pages i.e. Rs. 10,000 per page!!!! True story!
POLYMEDICURE LTD ….. Petitioner
Through: Mr. Maninder Singh, Senior Advocate with Mr. Vaibhav Vutts, Advocate.
UOI and ORS ….. Respondents
Through: Mr. Neeraj Chaudhary, CGSC with Mr. Khalid Arshad, Advocate for UOI.
CORAM: JUSTICE S. MURALIDHAR
O R D E R 09.09.2010
1. Mr. Chaudhary states that there are 26 documents and as per the understanding of the Office of the Controller of Patents the Petitioner has to pay ` 4,000/- for a certified copy of each such document. The amount to be paid works out to 1,04,000/-.
2. Mr. Maninder Singh points out that the Petitioner has already deposited sum of ` 4,000/- towards processing charges, and that the Petitioner is, without prejudice to its rights and contentions that it should be asked to pay only ` 4/- per page, willing to deposit in this Court a sum of ` 1,10,000/-.
3. It is directed that the Petitioner will deposit in this Court a sum of 1,10,000/- which will be kept in a fixed deposit by the Registry initially for a period of 91 days and be kept renewed thereafter till further orders. The certified copies of the entire record of the patent in question (for which an application had been filed by the Petitioner with the Respondent) will be supplied to the Petitioner, subject to such deposit, within one week from today.
4. Mr. Chaudhary states that pre-grant opposition has not yet been traced but the efforts are on.
5. List on 14th December 2010.
6. Order be given dasti under the signature of the Court Master.
S. MURALIDHAR, J
SEPTEMBER 09, 2010