On February 09, 2021, the Ministry of Commerce and Industry notified the Draft Patents (Amendment) Rules, 2021 to further amend the Patents Rules, 2003, for public opinion.
The following amendments have been proposed:
Definition of "eligible educational institutions" added:
Rule 2 (ca) provides that "eligible educational institution' means an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government, and is wholly or substantially financed by the Government."
Form 28 filing required:
Second Proviso to Rule 7(1) is substituted by which, all "eligible educational institutions" must pay the requisite fee along with a Form 28 to claim the status.
The applicant is required to provide documentary evidence that the Applicant is established by a Central, Provincial or State Act, which is owned or controlled by the Government, and is wholly or substantially financed by the Government
Form 28 in the Second schedule has been updated to provide for the same:
Eligible for expedited examination:
Rule 24C is amended to include "eligible educational institution". An applicant claiming such status may opt for expedited examination process.
Form 18A of the Second schedule has been amended to include "eligible educational institutions:
Fee concession:
First Schedule, which specifies the filing for patent, has been substituted. Now, eligible educational institutions shall pay the same fees as natural persons, start-ups and small entities.
Further, Rule 7 (3), which specifies the processing of application, has been substituted, namely:
"In case an application processed by a natural person, startup, small entity or eligible educational institution is fully or partly transferred to a person other than a natural person, startup, small entity or eligible educational institution, the difference, if any, in the scale of fees between the fees charged from the natural person, startup, small entity or eligible educational institution and the fees chargeable from the person other than a natural person, startup, small entity or eligible educational institution, shall be paid by the new applicant along with the request for transfer."
Note: The draft amendment rules are open to objections/suggestions for a period of 30 days from their date of notification. Such Objections/ suggestions may be addressed to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi- 110011 or by e-mail at sachin.d@gov.in.
Originally published February 11, 2021
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