.-(1) The fees payable under section 142 in respect of the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable under the Act shall be as specified in the First Schedule.(2)[(a) The fees payable under the Act or these rules may be paid at the appropriate office either in cash or through electronic means or may be sent 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 and if the draft or banker's cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker's cheque has actually reached the Controller.] [Substituted by Notification No. G.S.R. 523(E), dated 16.5.2016 (w.e.f. 2.5.2003).][* * *] [Omitted '(b) Cheques or drafts not including the correct amount of commission and cheques on which the full value specified therein cannot be collected in cash within the time allowed for payment of the fees, shall be accepted only at the discretion of the Controller.' by Notification No. G.S.R. 523(E), dated 16.5.2016 (w.e.f. 2.5.2003).](c)[ Where a fee is payable in respect of a document, the entire fee shall accompany the document.] [ Substituted by S.O. 657(E), dated 5.5.2006, for Clause (c) (w.e.f. 5.5.2006).](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 an 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.(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.] [Substituted by Notification No. G.S.R. 523(E), dated 16.5.2016 (w.e.f. 2.5.2003).](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.] [Inserted by Notification No. G.S.R. 523(E), dated 16.5.2016 (w.e.f. 2.5.2003).](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.
