Amended Patent Rules Provide 80% Relief for Educational Institutions

In order to encourage greater participation of educational institutions, which play a central role in the country’s innovation, the official fees they must pay under the Indian Patent Rules, 2003, have been reduced by the through the Patent (Amendment) Rules, 2021, which came into effect on September 21.

“In another significant step forward towards the Aatmanirbhar Bharat Mission, the benefits of an 80% reduction in fees for filing and prosecuting patents have been extended to educational institutions,” the Ministry of Commerce and Industry said. ‘Industry. This benefit was previously available to all recognized educational institutions owned solely by the government. In the Patent Rules of 2003, rule 7 (i) of sub-rule (1), the second provision was amended to include the educational institution, which reads as follows:

“Provided further that in the case of a small entity, or a startup, or educational institution, any document for which fees have been specified must be accompanied by form 28. ”;

In addition, in the Patent Rules 2003, rule 2, after sub-rule (c), rule (ca) is inserted as follows:

“(California) ” educational institution “ means a university established or constituted by or by virtue of a central law, provincial law or state law, and includes any other educational institution recognized by an authority designated by the central government or the government of the State or the Union territories in this regard ”.

The ministry also stated that “these institutions engage in many research activities, where professors / teachers and students generate several new technologies which need to be patented to facilitate the commercialization of these. The high patenting fees present a restrictive element for patenting these technologies and therefore have a dissuasive effect on the development of new technologies ”.

The ministry added that when filing for a patent, innovators must file these patents on behalf of institutions that have to pay royalties for large applicants, which are “very high and therefore have a deterrent effect.”

The concession in patent fees is now extended to startups, small entities and women applicants to educational institutions.

This is an important step to empower young people and spark hidden creative talents.


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