INDIA: PATENTS (2nd AMENDMENT) RULES IMPLEMENTED TO REDUCE OFFICIAL FEE FOR SMALL ENTITY
The Indian Patent Office on November 6, 2020, notified the Patents (2nd Amendment) Rules, 2020 which have come into force from November 4, 2020.
The new rules eliminate the existing differentiation between the three categories of Natural Person/Start-up, Small Entity, and Others and allow only two categories of Applicant-
-Natural person(s) or Startup(s) or Small entity/(ies)
-Other(s), alone or with Natural person(s) or Startup(s) or Small entity/(ies)
In line with the new amendments, the following changes have been brought about in the Patent Rules:
The fee for Natural person/Startup and Small Entity has been combined into one category with a concession of 80% in the official fee as compared to the second category of Other(s), alone or with Natural person(s) or Startup(s) or Small entit(y)/(ies).
The existing sub-rule (3) of Rule 7, explanation to sub-rule 3, and proviso to sub-rule (5) of rule 24C of the Indian Patent Rules(2003), have accordingly been amended to include the requirement of the natural person/startup/small entity in one category. The new rules now stipulate that-
- In case an application processed by a natural person or startup or small entity is transferred to a person other than a natural person, startup, or small entity, the difference in the scale of fees shall be paid by the new applicant with the request for transfer.
- During the course of the patent application if a startup or small entity ceases to remain as a startup or 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,
No difference in the scale of fees shall be payable
If a request for expedited examination is filed by a startup or small entity, it shall not be questioned merely on the ground that the startup or small entity ceases to be a startup or small entity due to the above-mentioned reasons.
The new Rules can be accessed here.