Category Archives: IPR law

patent amendment rules

https://pib.gov.in/PressReleasePage.aspx?PRID=1757202

In a yet another significant push towards Mission  Aatmanirbhar Bharat,  benefits related to 80 Percent reduced fee for patent filing & prosecution have been extended to Educational institutions as well. Centre has notified the amendments to the Patents Rules in this regard

Recognizing the importance of nurturing innovation and creativity in a knowledge economy, India is taking great strides in strengthening its intellectual property ecosystem in recent years. In order to create a conducive environment for innovation, Department for Promotion of Industry and Internal Trade has been working towards promoting greater collaboration between industry and academia. This can be achieved by facilitating commercialization of research undertaken in educational institutions.

These institutions engage in many research activities, where professors/teachers and students generate several new technologies which need to be patented for facilitating 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.

At the time of applying for patents, the innovators have to apply these patents in the name of the institutions which 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 21st September, 2021.

Moreover, Patents Rules have been amended in 2016, 2017, 2019 and 2020 to achieve the objective of removing procedural inconsistencies and unnecessary steps in processing of applications thereby speedup grant/registration and final disposal. By amending the Rules, the procedures are made more compact, time-bound, user- friendly and compatible for e-transactions. In this regard, following initiatives have been taken by the Department:

i. Augmentation of manpower by recruiting new examiners.

ii. Making process of applying and granting patents completely online.

iii. Hearing of cases in Patents through Video-Conferencing for speedy and contact-less  proceedings.

iv. Dynamic redesigning of website and real time based hassle free dissemination of IP  information to stakeholders.

v. Encouraging the digital process for applying & granting Patents.

vi. Scheme for Facilitating Startups Intellectual Property Protection (SIPP) 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.

vii. The mechanism to lodge feedback/suggestions/complaints in respect of issues related to  functioning of the IP offices has been set up in IPO website for the benefit of stakeholders.  A team acts promptly on stakeholders’ suggestions/grievances and communicate  appropriate response through e- mail.

viii. DPIIT through Cell for IPR Promotion and Management (CIPAM) and in collaboration  with the office of CGPDTM is regularly engaged in dissemination of information and  knowledge to IP stakeholders by way of participation in awareness activities in IPR,  conducted for schools, universities, industries, legal and enforcement agencies and other  stakeholders in collaboration with industry Associations in the country

As a result of these efforts, the time taken for examination of patents have 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.Further, 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 to the period of few years required in case of normal examination route.

The fastest granted patent is the one which was granted in 41 days after filing of such 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 w.e.f. 17-09-2019 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 Patents Prosecution Highway. With regard to Initiatives for Startup India program, 80% fee concession has been provided for Patent applications filed by Startups.

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National IPR Policy

PIB Press Release dated 13th May, 2016

The Union Cabinet yesterday approved the National Intellectual Property Rights (IPR) Policy that will lay the future roadmap for intellectual property in India. The Policy recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channelise these energies towards a better and brighter future for all.

The National IPR Policy is a vision document that aims to create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies. It sets in place an institutional mechanism for implementation, monitoring and review. It aims to incorporate and adapt global best practices to the Indian scenario. This policy shall weave in the strengths of the Government, research and development organizations, educational institutions, corporate entities including MSMEs, start-ups and other stakeholders in the creation of an innovation-conducive environment, which stimulates creativity and innovation across sectors, as also facilitates a stable, transparent and service-oriented IPR administration in the country.

The Policy recognizes that India has a well-established TRIPS-compliant legislative, administrative and judicial framework to safeguard IPRs, which meets its international obligations while utilizing the flexibilities provided in the international regime to address its developmental concerns.  It reiterates India’s commitment to the Doha Development Agenda and the TRIPS agreement.

While IPRs are becoming increasingly important in the global arena, there is a need to increase awareness on IPRs in India, be it regarding the IPRs owned by oneself or respect for others’ IPRs. The importance of IPRs as a marketable financial asset and economic tool also needs to be recognised. For this, domestic IP filings, as also commercialization of patents granted, need to increase. Innovation and sub-optimal spending on R&D too are issues to be addressed.

The broad contours of the National IPR Policy are as follows:

Vision Statement: An India where creativity and innovation are stimulated by Intellectual Property for the benefit of all; an India where intellectual property promotes advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources; an India where knowledge is the main driver of development, and knowledge owned is transformed into knowledge shared.

Mission Statement:

Stimulate a dynamic, vibrant and balanced intellectual property rights system in India to:

o   foster creativity and innovation and thereby, promote entrepreneurship and enhance socio-economic and cultural development, and

o   focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance.

Objectives:

The Policy lays down the following seven objectives:

  1. IPR Awareness: Outreach and Promotion – To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
  2. Generation of IPRs – To stimulate the generation of IPRs.

iii.            Legal and Legislative Framework – To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest.

  1. Administration and Management – To modernize and strengthen service-oriented IPR administration.
  2. Commercialization of IPRs – Get value for IPRs through commercialization.
  3. Enforcement and Adjudication – To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.

vii.            Human Capital Development – To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

These objectives are sought to be achieved through detailed action points. The action by different Ministries/ Departments shall be monitored by DIPP which shall be the nodal department to coordinate, guide and oversee implementation and future development of IPRs in India.

The National Intellectual Property Rights (IPR) Policy will endeavor for a “Creative India; Innovative India:रचनात्मक भारत; अभिनव भारत”.

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