The Ministry of Commerce and Industry in its notification dated 18th October 2019, has issued the Draft Patents (Second Amendment) Rules, 2019 to further amend the Patents Rules, 2003.
- The Amendments are brought under rule 7 which relates to fees payable under the Act , in which sub rule 3 has been substituted namely,
“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”
2.Rule 7(3A) and (3B) shall be deleted
3.In First Schedule stands column 5 and 8 shall be deleted
4.Under rule 24c which deals with expedited examination of applications in which sub rule 5 has been replaced with the following:
“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 recognized by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority”
Any objections and suggestions on the said draft Rules shall be sent within 30 days from the date on which copies of the Gazette of India containing these draft rules are made available to public. The objections and 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.
Click here to read the Notification
