Tag Archives: DPIIT

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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FDI on news through digital media

DPIIT (Department for Promotion of Industry & Internal Trade) clarification dated 16th October, 2020 on FDI policy for uploading/ streaming of news and current affairs through digital media.

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FDI in defence sector

Revised Press Note no. 4 dated 17th September, 2020 issued by Department for Promotion of Industry and Internal Trade.

  1. Present Position
  2. 5.2.6.1 Defence Industry subject to Industrial license under the Industries
    (Development & Regulation) Act, 1951 and Manufacturing of small
    arms and ammunition under the Arms Act, 1959
    100% Automatic up to 49% Government route beyond 49% wherever it is likely to result in access to modern technology or for other reasons to be recorded
    5.2.6.2 Other Conditions
    i. Infusion of fresh foreign investment within the permitted automatic route level, in a company not seeking industrial license, resulting in change in the ownership pattern or transfer of stake by existing investor to new foreign investor, will require Government approval.
    ii. Licence applications will be considered and licences given by the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, in consultation with Ministry of Defence and Ministry of External Affairs.
    iii. Foreign investment in the sector is subject to security clearance and guidelines of the M/ o Defence.
    iv. Investee company should be structured to be self-sufficient in areas of product design and development. The investee/joint venture company along with manufacturing facility, should also have maintenance and life cycle support facility of the product being manufactured in India.
  3. Revised Position
    The Government of India has reviewed the extant FDI policy in Defence sector and the policy will now be read as under:
    5.2.6 Defence Industry subject to Industrial license under the
    Industries (Development & Regulation) Act, 1951 and Manufacturing of small arms and ammunition under the Arms Act, 1959
    100% Automatic up to 74% Government route beyond 74% wherever it is likely to result in access to modern technology or for other reasons to be
    recorded
    5.2.6.2 Other Conditions
    i. FDI up to 74% under automatic route shall be permitted for companies seeking new industrial licenses.
    ii. Infusion of fresh foreign investment up to 49%, in a company not seeking industrial license or which already has Government approval for FDI in Defence, shall require mandatory submission of a declaration with the Ministry of Defence in case change in equity/shareholding pattern or transfer of stake by existing investor to new foreign investor for FDI up to 49%, within 30 days of such change. Proposals for raising FDI beyond 49% from such companies will require Government approval.
    iii. Licence applications will be considered by the Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry, in consultation with Ministry of Defence and Ministry of External Affairs.
    iv. Foreign investment in the sector is subject to security clearance by the Ministry of Home Affairs and as per guidelines of the Ministry of Defence.
    v. Investee company should be structured to be self-sufficient in the areas of product design and development. The investee/joint venture company along with the manufacturing facility, should also have maintenance and life cycle support facility of the product being manufactured in India.
    vi. Foreign Investments in the Defence Sector shall be subject to scrutiny on grounds of National Security and Government reserves the right to review any foreign investment in the Defence Sector that affects or may affect national security.
  4. The above decision will take effect from the date of FEMA notification.

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Toys (Quality Control) Order 2020

https://www.pib.gov.in/PressReleasePage.aspx?PRID=1654860

The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Govt. of India today issued notification, extending the date of implementation of Toys (Quality Control) Order, 2020 as 1.1.2021 in place of 1.9.2020.

This decision allows domestic manufacturers four months of extra time to make necessary arrangements for compliance of standards in view of difficulties arising out of COVID-19 pandemic.

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