REDUCTION IN PATENT FEES FOR GOVERNMENT AIDED EDUCATIONAL INSTITUTIONS – Eshwars
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REDUCTION IN PATENT FEES FOR GOVERNMENT AIDED EDUCATIONAL INSTITUTIONS

Authored Padma Akila

The Ministry of Commerce and Industry on February 09, 2021 has published the Draft Patents (Amendment) Rules, 2021 to amend the Patents Rules, 2003, for public opinion.

The draft rules seek to place educational institutions established by an act of parliament or state legislature, government owned educational institutions and government aided educational institutions [those that receive funding from the government of Rs. 25 Lakhs or more; or receive government funding to an extent of 75% or more of its total expenditure], on par with natural persons, small entities and start-ups with respect to matters related to reduced fees and for seeking expedited prosecution.

Presently natural persons, small entity and start-up alone are eligible for concessional fees. An MSME would come within the meaning of a small entity.

Documentary proof in Form 28 to be filed: –

Just as a small entity and startups, the eligible educational institutions must submit their documentary evidence in Form 28.

NAAC and Patents

With the National Assessment and Accreditation Council (“NAAC”) giving 25% weightage to Universities for “Research, Innovation & Extension” activities, and 11% weightage for such activities to affiliated colleges, the reduced fees would encourage government owned, and government aided educational institutions to increase their patent filing and foster further invention.

PS: The Draft Amendment Rules are open to objections/suggestions for a period of 30 days from the date of the notification.

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