The Ministry of Commerce and Industry issues the Draft Patents (Amendment) Rules, 2021


Palak Arora 19/02/21 #copyright #patent #trademarks #infringement #intellectualproperty #IPR #IPRinfo #IPlaw #IPRrights #Trademarkclickcom #IP #lawfirms #lawyers #entrepreneur #India #MinistryofCommerceandIndustry #MCI #DraftPatentsRules #PatentRules #CentralGovernment

The Ministry of Commerce and Industry (MCI) a few days back has issued the Draft Patents (Amendment) Rules, 2021 in Notification No. G.S.R. 106 (E). The main aim is to bring out the changes in the Patents Rules, 2003. 

These some of the important amendments have been made: 

• Rule 2 (ca), has been incorporated which specifies various definitions. It reads as:  “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.”

• Rule 7 (3) has been substituted which deals with the processing of the application and reads as:  “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.”

• First Schedule has also been substituted which talks about the procedure of filing for a patent. MCI clearly mentioned in their notification that the said draft rules will be taken into consideration after the expiry of a period of thirty days. This period will be counted from the date on which copies of the Gazette of India are made available to the public. By Gazette of India MCI means in which this notification of Draft Patents (Amendment) Rules, 2021 has been published.

All those persons who are likely to be affected by this notification can address their objections or suggestions, if any, by sending letters 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 sending an e-mail at sachin.d@gov.in.

However, every person is eligible to send their objections and suggestions with respect to the said draft rules. One should keep one thing in mind while sending their objections or suggestions that all these should be sent before the expiry of the period of thirty days. Anything sent after the specified period of time will not be considered by the Central Government.

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