Blog

The Ministry of Commerce and Industry (MCI) on September 21, 2021 issued the Patents (Amendment) Rules, 2021 to further amend the Patents Rules, 2003.

Accordingly following amendments are proposed:

1. Rule 2 (ca), which specifies the definitions, a new definition has been inserted, namely:
   1. “eligible educational institution’ means an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government, and is wholly or substantially financed by the Government.”
2. Rule 7 (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.”;

• Rule 7 (3), which specifies the processing of application, has been substituted:
  • “In case an application processed by a natural person, startup, small entity or eligible educational institution is fully or partly transferred to a person other than a natural person, startup, small entity or eligible educational institution, the difference, if any, in the scale of fees between the fees charged from the natural person, startup, small entity or eligible educational institution and the fees chargeable from the person other than a natural person, startup, small entity or eligible educational institution, shall be paid by the new applicant along with the request for transfer.”

• First Schedule, which specifies the official fees for filing of patent, has been substituted.

• THE SECOND SCHEDULE, in Form 28, in paragraph 2, after sub-paragraph (ii),

the following shall be substituted, namely:

― iii) For claiming the status of an eligible educational institution (Indian as well as foreign applicants) Documentary evidence that the eligible educational institution: