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DPIIT cuts patent for educational institutes

Patents rules have been amended from time to time to achieve the objective of removing procedural inconsistencies and unnecessary steps in processing of applications, thereby speed up grant/registration and final disposal.Premium
Patents rules have been amended from time to time to achieve the objective of removing procedural inconsistencies and unnecessary steps in processing of applications, thereby speed up grant/registration and final disposal.

  • The provision has been introduced by amending patent rules
  • The concession is at par with similar concession provided to startups under Startup India initiative

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NEW DELHI : Government has reduced patent filing and processing fees charged on educational institutions by 80% at par with similar concession provided to startups under the Startup India initiative. The provision has been introduced by amending the patent rules.

“At the time of applying for patents, the innovators have to apply these patents in the name of the institutions that have to pay fees for large applicants, which are very high and thus work as a disincentive. In this regard and to encourage greater participation of the educations institutions, who play a pivotal role in country’s innovation, official fees payable by them in respect of various acts under the Patents Rules, 2003, have been reduced by way of the Patents (Amendment) Rules, 2021, which came into effect on 21 September 2021," Department for Promotion of Industry and Internal Trade (DPIIT) said in a statement.

DPIIT said educational institutions engage in many research activities, where professors/teachers and students generate several new technologies which need to be patented to facilitate commercialization of the same. “High patenting fees present a restrictive element for getting these technologies patented and thus work as a disincentive for development of new technologies," it added.

Patents rules have been amended from time to time to achieve the objective of removing procedural inconsistencies and unnecessary steps in processing of applications, thereby speed up grant/registration and final disposal. Last year, DPIIT launched Scheme for Facilitating Startups Intellectual Property Protection (SIPP) to provide facilitators to startups for filing and processing of their applications. Professional charges of such facilitators are reimbursed as per provisions under the SIPP scheme.

DPIIT said as a result of government’s efforts, the time taken for examination of patents has come down from average 72 months in 2015 to 12-30 months at present, depending upon technology fields. “Further, it is expected that the time for final disposal of patent applications, which has reduced to average 48 months at present from few years earlier, will be reduced to average 24-30 months from filing by end of 2021. An expedited examination system has been introduced wherein an application for grant of patent is being decided within one year of filing such request under expedited examination as compared with the period of few years required in case of normal examination route," it added.

The fastest grant of patent was done in 41 days after the filing of a request. “This expedited examination system was initially provided for patent applications filed by startups. It has been now extended to eight more categories of patent applicants from 17 September 2019 by making necessary amendments in the patents rules. These new categories include SME, female applicants, government departments, institutions established by a central, provincial or state Act, which is owned or controlled by the government, government company, an institution wholly or substantially financed by the government, and applicants under the Patent Prosecution Highway," DPIIT said.

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