Draft Patents (Amendment) Rules, 2021- Notification

G.S.R. 106(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central Government proposes to make in the exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby published as required by sub-section (3) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made
available to the public;

Objections or suggestions, if any, may be addressed to the 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 [email protected];

The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, will be considered by the Central Government.

DRAFT RULES

1. (1) These rules may be called the draft Patents (Amendment) Rules, 2021.
   (2) They shall come into force on the date of their publication in the Official Gazette.
   
2. In rule 2 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), after sub-rule (c), the following shall be substituted, namely:
   
   “(ca) ‘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.
   
   Explanation:- For the purpose of this clause, the term ‘substantially financed’ shall have the same meaning as in the Explanation to sub-section (1) of section 14 of the Comptroller and Auditor General‘s (Duties, Powers
   and Conditions of Service) Act, 1971(56 of 1971).
   
3. In rule 7 of the principal rules,
   
   (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 eligible 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 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.”
   
4. In rule 24C of the principal rules, in sub-rule (1), after clause (j), the following clause shall be substituted, namely:-
   “(k) that the applicant is an eligible educational institution.”

Read More