Patents (Amendment) Rules, 2021

The Central Government  makes the Patents (Amendment) Rules, 2021  to amend the Patents Rules, 2003.

 

Key Amendments:

  • In the Patents Rules, 2003, the following definition has been 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”.

 

  • In the principal rules, in rule 7,

(i) in subrule (1), for the second proviso, the following proviso shall be substituted,


“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 Form28.”;

(ii) for subrule (3), the following subrule 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.”

  • Schedule 1 and 2 has been modified.

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