Patent (Amendments) Regulations 2021 – Intellectual Property

India: Patent (Amendments) Regulations 2021

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introduction

The Ministry of Industry Promotion and Internal Trade Department notified the Patents (Amendments) Regulations 2021 (Patents Amendment) which entered into force on September 21, 2021.

Amendment

The definition of educational institutions was introduced as part of the patent amendment. The patent amendment includes educational institutions as well as natural persons, start-ups and small entities in the category of applicants.

An educational institution has been defined as … “a university established or incorporated by or by virtue of a central law, provincial law or state law, and includes any other educational establishment recognized by an authority designated by the central government or the State Government or Union territories in this regard; ”.

The category of educational institution can be claimed by submitting supporting documents to this effect. Although the nature of the documentary evidence has not been specified, it can be inferred that recognition under a law or any other document issued by the central / state government can be presented as documentary evidence.

The Indian government, in a press release dated September 23, 2021, extended the 80% rebate on patent filing fees to educational institutions. This should encourage educational institutions to file more patents to foster innovation and facilitate the commercialization of new technologies.

Conclusion

The inclusion of educational institutions as patent applicants creates an encouraging environment for institutions, faculty and students to patent their research.

IIT Madras is one of the few educational institutions to have filed over 500 patent applications in India, followed by the University of Chandigarh which has filed over 336 patents.

A handful of universities in the country, like IITs, account for most of the patents filed in India and abroad, testifying to the welcome change in the law for further development.

Educational institutions are booming and ed technology has seen a great boost due to the pandemic. However, the number of patents filed in this sector is still in its infancy. We hope that the patent amendment will have a positive impact on innovation in the sector by encouraging the filing of more patents in India.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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Anand & Anand

The Patents Act of 1970, along with the Patents Rules of 1972, came into force on April 20, 1972, replacing the Indian Patents and Designs Act of 1911. The Patents Act was largely based on the recommendations of the report of the Ayyangar Committee headed by Judge N. Rajagopala Ayyangar. One of the recommendations was to allow only process patents with respect to inventions relating to drugs, drugs, foods and chemicals.


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