Patents (2nd Amendment) Rules, 2020: – Eshwars
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Patents (2nd Amendment) Rules, 2020:

Authored by Deepika & Priyadharshini

In Pursuance of the Patent (Amendment) Rules 2020 (Revised Rules 2020), the provisions with respect to Priority document and Statement of working were amended and our newsletter on the same can be accessed here: http://eshwars.com/blog/the-department-for-promotion-of-industry-and-internal-trade-dpiit-amends-the-patent-rules-2002/

In furtherance to the revised rules 2020, wide Notification No. G.S.R. 689(E) dated November 4, 2020, Patents (2nd Amendment) Rules, 2020 has come into effect.

In summary, the key amendments have an impact primarily on the following matters and the same has been set out in comparison with that of the previous rules:

1. Rule 7 and Sub rule 3 – Fees- Small entities are no longer required to pay any difference in scale of fees if they cease to be a small entity due to the lapse of period after filing a patent application. It is pertinent to note that startup entities already had this privilege. Hence sub-rule (3A) and sub-rule (3B) has been omitted and new explanation has been inserted accordingly.

2. Table I of the FIRST SCHEDULE– The applicable fees with respect to small entities for filing and prosecuting Indian Patent applications have been significantly reduced and it has been made at par with that of natural persons/ startup entities.

3. Sub-rule (5) of rule 24C– A request for expedited examination filed by a Small entity shall not be questioned merely on the ground that it ceases to be a small entity due to lapse of period or crossing of the financial threshold limit as notified by the competent authority. It is pertinent to note that startup entities already had this privilege.

According to the recent Patents (2nd Amendment) Rules, 2020, the privileges offered to startups are extended to small entities too.

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