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May 25, 2021

Summary: Draft Patent (Amendment) Rules, 2021

Author: Intern - Surbhi Nautiyal

The Draft Patent (Amendment)Rules, 2021 (Draft Rules) were published by the Government of India vide the Department of Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry on 9th February, 2021 to further amend the Patent Rules, 2003. The proposed amendments are aimed at encouraging educational institutions which satisfy the criteria to file patent applications for protecting their inventions. The following changes have been proposed to Patent Rules, 2003:

  1. Under Rule 2 which pertains to definitions, Sub Rule (ca) has been added, wherein, a new category of ‘eligible educational institution’ has been introduced and defined to mean “an educational institution established by a Central, Provincial, or State Act, which is owned or controlled by the Government, and which is wholly or substantially financed by the Government”.
  2. Two amendments have also been proposed in Rule 7.The phrase ‘eligible educational institution’ has been added to the second proviso to Rule 7 (1) which relates to fees payable. Table 1 of Schedule 1 which lays down the fees payable by different entities has also been amended to include this category. The fee payable by eligible educational institutions is at par with the fee payable by natural person, startups and small entities, and the institutions must submit the Declaration under Form 28 to claim the benefits. Changes have been proposed in Form 28 under Second Schedule for the same. As per new Form 28 the applicant (Indian as well as foreign) needs to submit documentary evidence whether such institutions are established under a Central, State or Provincial Act, which is controlled or owned by the Government and wholly or substantially financed by the Government. Accordingly, Rule 7 (3) is also amended to include the new category of applicant.
  3. Addition of clause (k) to Rule 24C which is about expedited examination of applications. Through clause (k) the provision of expedited examination has been extended to applicants who fall under the category of an ‘eligible educational institution’. Form 18 and 18A in Second Schedule are also updated to include this category.

The Draft Rules were open for submitting any suggestions and objections by any person affected by the proposed amendments. They were to be submitted within a period of thirty days from 9th February, 2021 in order to be considered.

Draft Patent (Amendment) Rules, 2021: https://dipp.gov.in/sites/default/files/DraftAmendmentRules-10February2021.pdf

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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