MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
NOTIFICATION
New Delhi, the 18th October, 2019
G.S.R. 799(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central Government proposes to make in exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby published as required by sub-section (3) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public.
Objections or suggestions, if any, may be addressed to Ms Pooja Swaroop, Deputy 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 pooja.swaroop@gov.in. The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, shall be considered by the Central Government.
DRAFT RULES
(1) These rules may be called the Patents (2nd Amendment) Rules, 2019.
(2) In the Patents Rules, 2003 (hereinafter referred to as said rules), in rule 7, for sub-rule (3), the following sub-rule shall be substituted, namely:-
“(3) In case an application processed by a natural person and! or startup and! or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, the difference, if any, in the scale of fees between the fees charged from the natural person, startup or small entity and the fees chargeable from the person other than a natural person, startup or small entity in the same matter, shall be paid by the new applicant with the request for transfer.”.
(3) In the said rules, sub-rule (3A) will be deleted.
(4) In the said rules, sub-rule (3B) will be deleted.
(5) In the said rules, the Explanation to sub-rule (3B) shall be inserted after sub-rule (3) and shall be substituted, namely:-
“Explanation—Where a startup! small entity, having filed an application for a patent, ceases to be a startup! small entity due to the lapse of the period during which it is recognised by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable.”.
(6) In the said rules, in the FIRST SCHEDULE, the following amendments shall be carried out, namely:-
(i) columns 5 and 8 will be deleted;
(ii) the present column 6 will be renumbered as 5;
(iii) the present column 7 will be renumbered as 6;
(iv) the present column 9 will be renumbered as 7; and
(v) the title row of the table will be substituted with the following, namely-
| Number of Entry | On what payable | Number of the relevant Form | For e-filing | For physical filing | ||
| Natural person(s) and/ or Startup(s) and/ or Small entit(y)/(ies) | Other(s), alone or with natural person (s) and/ or Startup(s) and/ or Small
entit(y)/(ies) |
Natural person(s) and/ or Startup(s) and/ or Small entit(y)/(ies) | Other(s), alone or with natural person(s) and/ or Startup(s) and/ or Small entit(y)/(ies) | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
(7) In the said rules, the proviso in sub-rule 5 of Rule 24C, will be replaced with the following, namely:
“Provided that a request for expedited examination under this rule filed by a startup or small entity shall not be questioned merely on the ground that the startup/ small entity, having filed an application for a patent, ceases to be a startup/ small entity due to the lapse of the period during which it is recognised by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority”.”
[F. No. P-24031/14/2019-IPR-III]
RAJIV AGGARWAL, Jt. Secy.
