Patent Fees for Educational Institutions Reduced by 80%
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Patents (Amendment) Rules, 2021
Notified
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Centre Encourages Innovation and
Creativity in a Knowledge Economy
In a yet another significant push towards Mission
Aatmanirbhar Bharat, benefits related to 80% reduced fee for patent filing
& prosecution have been extended to Educational institutions as well.
Centre has notified the amendments to the Patents Rules in this regard
Recognizing the importance of nurturing innovation and
creativity in a knowledge economy, India is taking great strides in
strengthening its intellectual property ecosystem in recent years. In order to
create a conducive environment for innovation, Department for Promotion of
Industry and Internal Trade has been working towards promoting greater
collaboration between industry and academia. This can be achieved by
facilitating commercialization of research undertaken in educational
institutions.
These institutions engage in many research activities,
where professors/teachers and students generate several new technologies which
need to be patented for facilitating commercialization of the same. High
patenting fees present a restrictive element for getting these technologies
patented and thus work as a disincentive for development of new technologies.
At the time of applying for patents, the innovators have
to apply these patents in the name of the institutions which have to pay fees
for large applicants, which are very high and thus work as a disincentive. In
this regard and to encourage greater participation of the educations
institutions, who play a pivotal role in country’s innovation, official fees
payable by them in respect of various acts under the Patents Rules, 2003, have
been reduced by way of the Patents (Amendment) Rules, 2021, which came into
effect on 21st September, 2021.
Moreover, Patents Rules have been amended in 2016, 2017,
2019 and 2020 to achieve the objective of removing procedural inconsistencies
and unnecessary steps in processing of applications thereby speedup
grant/registration and final disposal. By amending the Rules, the procedures
are made more compact, time-bound, user- friendly and compatible for
e-transactions. In this regard, following initiatives have been taken by the
Department:
i. Augmentation
of manpower by recruiting new examiners.
ii. Making process of applying and granting patents completely online.
iii. Hearing of cases in Patents through Video-Conferencing for speedy
and contact-less proceedings.
iv. Dynamic redesigning of website and real time based hassle free
dissemination of IP information to stakeholders.
v. Encouraging the digital process for applying & granting
Patents.
vi. Scheme for Facilitating Startups Intellectual Property Protection
(SIPP) has been launched to provide facilitators to Startups for filing and
processing of their applications. Professional charges of such facilitators are
reimbursed as per provisions under the SIPP scheme.
vii. The mechanism to lodge feedback/suggestions/complaints in respect
of issues related to functioning of the IP offices has been set up in IPO
website for the benefit of stakeholders. A team acts promptly on stakeholders’
suggestions/grievances and communicate appropriate response through e- mail.
viii. DPIIT through Cell for IPR Promotion and
Management (CIPAM) and in collaboration with the office of CGPDTM is regularly
engaged in dissemination of information and knowledge to IP stakeholders by way
of participation in awareness activities in IPR, conducted for schools, universities,
industries, legal and enforcement agencies and other stakeholders in
collaboration with industry Associations in the country
As a result of these efforts, the time taken for
examination of patents have come down from average 72 months in 2015 to 12-30
months at present, depending upon technology fields. Further, it is expected
that the time for final disposal of patent applications, which has reduced to
average 48 months at present from few years earlier, will be reduced to average
24-30 months from filing by end of 2021.Further, an Expedited Examination
System has been introduced wherein an application for grant of patent is being
decided within one year of filing such request under Expedited Examination as
compared to the period of few years required in case of normal examination
route.
The fastest granted patent is the one which was granted
in 41 days after filing of such request. This facility of Expedited Examination
system was initially provided for patent applications filed by Startups. It has
been now extended to 8 more categories of Patent Applicants w.e.f.
17-09-2019 by making necessary amendments in the Patents Rules. These new
categories include SME, Female applicants, Government Departments, Institutions
established by a Central, Provincial or State Act, which is owned or controlled
by the Government, Government Company, an Institution wholly or substantially
financed by the Government and applicants under Patents Prosecution Highway.
With regard to Initiatives for Startup India program, 80% fee concession has
been provided for Patent applications filed by Startups.
Click here to see Patents
(Amendment) Rules, 2021