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In News
- Recently, the Centre has notified the amendments to the Patents Rules.
- Patents (Amendment) Rules, 2021 which will reduce the fee for patent filing and prosecution for educational institutions by 80 per cent.
- This will promote Innovation and Creativity in a Knowledge-Economy
Patents (Amendment) Rules, 2021
- Patent Fees for Educational Institutions has been reduced drastically by 80%.
- Higher fees have been found as a greater deterrent for educational institutions engaged in R&D activities.
- The patent fee has been reduced by amending provisions of Patents Rules, 2003.
- Benefits related to 80% reduced fee for patent filing & prosecution have been extended to all educational institutions.
- This benefit was earlier available to all recognised educational institutions owned by the government.
- Expedited Examination System
- It has provisions for the Augmentation of manpower by recruiting new examiners.
- The fastest granted patent is the one that was granted 41 days after filing such a request.
- This facility of Expedited Examination system was initially provided for patent applications filed by Startups.
- It has been now extended to 8 more categories of Patent Applicants:
- SME (Small and Medium Enterprises),
- Female applicants,
- Government Departments,
- Institutions established by a Central,
- Institutions established by a Provincial or State Act,
- Government Company,
- an institution wholly or substantially financed by the Government and
- Applicants under Patents Prosecution Highway.
Patent Prosecution Highway (PPH)
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- Other Provisions of Patent (Amendment) Rules, 2021
- It will make the process of applying and granting patents completely online.
- It will also introduce the hearing of cases in Patents through Video-Conferencing for speedy and contact-less proceedings.
- DPIIT will dynamically redesign websites and introduce real time-based hassle-free dissemination of IP information to stakeholders.
- It will encourage the digital process for applying & granting Patents.
- Scheme for Facilitating Startups Intellectual Property Protection (SIPP)
- It has been launched 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.
- Feedback/ Complaint Mechanism
- The mechanism to lodge feedback/suggestions/complaints in respect of issues related to the functioning of the IP offices has been set up on the IPO website.
- A team will act promptly on stakeholders’ suggestions/grievances and communicate appropriate responses through e- mail.
- Awareness activities in IPR
- DPIIT through Cell for IPR Promotion and Management (CIPAM) and in collaboration with the office of CGPDTM is regularly engaged in the dissemination of information and knowledge.
- It conducts awareness drives activities in schools, universities, industries, legal and enforcement agencies and other stakeholders in collaboration with industry Associations.
Expected Benefits of Amendments
- Faster Processing of Patents:
- As a result of these efforts, the time taken for the examination of patents has come down to 12-30 months at present, depending upon technology fields.
- It was around an average of 72 months in 2015.
- Further, it is expected to take half the time (average 24-30 months) for the final disposal of patent applications from the filing date by the end of 2021.
- As a result of these efforts, the time taken for the examination of patents has come down to 12-30 months at present, depending upon technology fields.
- More Patent filing incentives to educational institutes:
- The Patent (Amendment) Act, 2021 can facilitate the commercialization of research undertaken in educational institutions.
- It will also help in Industry academia linkage.
- Push to Atma Nirbhar Bharat:
- It will be a major push towards Mission Atma Nirbhar Bharat
- Remove Procedural inconsistencies:
- The objective of the reforms is to remove procedural inconsistencies and unnecessary steps in the processing of applications.
- Thus, by amending the Rules, the procedures are made more compact, time-bound, user- friendly and compatible for e-transactions.
What are Patents?
What kind of protection does a patent offer?
Is a patent valid in every country?
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Patents vs. Trademarks vs. Copyrights
Key Terms recently in news regarding patents
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Source: PIB
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