The Patents Rules, 2003 were amended by the Patents (Amendment) Rules, 2021 which came into force on 21st September 2021 vide Notification G.S.R. 646(E) of the even date. Vide the Patents (Amendment) Rules, 2021, the term ‘educational institution’ was defined in sub-rule (ca) of rule 2 of the Patents Rules, 2003 and the First Schedule of the Patents Rules, 2003 was also amended. Consequently, the said educational institutions will be eligible for benefit of reduced fee which is around 80% lower than the fee that is payable by other entities.
MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
NOTIFICATION
New Delhi, the 21st September, 2021
G.S.R. 646(E).—Whereas the draft of certain rules, further to amend the Patents Rules, 2003 was published as required under sub-section (3) of section 159 of the Patents Act, 1970 (39 of 1970), vide notification of the Government of India in the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) number G.S.R. 106 (E), dated the 09th February, 2021 in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of thirty days from the date on which copies of the Official Gazette containing the said notification were made available to public;
And, whereas, copies of the Official Gazette in which the said notification was published were made available to the public on the 09th February, 2021;
And, whereas, the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;
Also Read: Patent Fees For Educational Institutions Reduced by 80%
Now, therefore, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely: –
1. (1) These rules may be called the Patents (Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Patents Rules, 2003 (hereinafter referred to as the principal rules), in rule 2, after sub-rule (c), the following shall be inserted, namely:-
“(ca) “educational institution” means a university established or incorporated by or under Central Act, a Provincial Act, or a State Act, and includes any other educational institution as recognised by an authority designated by the Central Government or the State Government or the Union territories in this regard;”.
3. In the principal rules, in rule 7,-
(i) in sub-rule (1), for the second proviso, the following proviso shall be substituted, namely:-
“Provided further that in the case of a small entity, or startup, or educational institution, every document for which a fee has been specified shall be accompanied by Form-28.”;
(ii) for sub-rule (3), the following sub-rule shall be substituted, namely:-
“(3) In case an application processed by a natural person, startup, small entity or educational institution is fully or partly transferred to a person other than a natural person, startup, small entity or educational institution, the difference, if any, in the scale of fees between the fees charged from the natural person, startup, small entity or educational institution and the fees chargeable from the person other than a natural person, startup, small entity or educational institution, shall be paid by the new applicant along with the request for transfer.”.
4. In the principal rules, in the FIRST SCHEDULE, in Table 1, for the headings and sub-headings,
”
| Number of Entry | On what payable | Number of the relevant Form | For e-filing | For physical filing | ||
| Natural person(s) or Startup(s) or Small entit(y)/ (ies) |
Other(s), alone or with natural person(s) or Startup(s) or Small entit(y)/ (ies) |
Natural person(s) or Startup(s) or Small entit(y)/ (ies) |
Other(s), alone or with natural person(s) or Startup(s) or Small entit(y)/ (ies) |
|||
“,
the following headings and sub-headings shall be substituted, namely:—
”
| Number of Entry | On what payable |
Number of the relevant Form | For e-filing | For physical filing | ||
| Natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s) | Other(s), alone or with natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s) | Natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s) | Other(s), alone or with natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s) | |||
”.
5. In the principal rules, in the SECOND SCHEDULE, for Form 28 the following form shall be substituted, namely:-
”
| FORM 28 THE PATENTS ACT, 1970 (39 of 1970) AND THE PATENTS RULES, 2003 TO BE SUBMITTED BY A SMALL ENTITY /STARTUP/EDUCATIONAL INSTITUTION [See rules 2 (fa), 2(fb), 2(ca) and 7] |
||
| 1 | Insert name, address and nationality. | I/We……………………….. applicant/patentee in respect of the patent application no……… or patent no…………. hereby declare that I/we am/are a small entity in accordance with rule 2(fa) or a startup in accordance with rule 2(fb) or an educational institution in accordance with rule 2(ca) and submit the following document(s) as proof: |
| 2 | Documents to be submitted | |
| I. For claiming the status of a small entity: | ||
| A. For an Indian applicant: Evidence of registration under the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006). | ||
| i. In case of a foreign entity: Any other document. | ||
| II. For claiming the status of a startup | ||
| A. For an Indian applicant: Any document as evidence of eligibility, as defined in rule 2(fb). | ||
| B. In case of a foreign entity: Any other document. | ||
| III. For claiming the status of an educational institution | ||
| A. For an Indian applicant: Any document as evidence of eligibility, as defined in rule 2(ca). | ||
| B. In case of a foreign educational institution: Any other document. | ||
| 3 | To be signed by the applicant(s) /patentee(s)/ authorized registered patent agent. | The information provided herein is correct to the best of my/our knowledge and belief.
Dated this … day of….. 20… . |
| 4 | Name of the natural person who has signed. | Signature……………… |
[ F. No. P-24027/4/2020-IPR-III]
SHRUTI SINGH, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii) vide number S.O. 493 (E) dated the 2nd May, 2003 and last amended vide notification number G.S.R. 689 (E) dated the 4th November, 2020.
