The Patents (Amendment) Rules, 2021 came into effect on September 21, 2021 by amending the Patents Rules 2003. Another significant push towards Mission of Aatmanirbhar Bharat, benefits related to 80 Percent reduced fee for patent filing & prosecution have been now also extended to educational institutions. Union Government has reduced the patent filing and processing fees that are charged on educational institutions by 80%. This reduction in fees is at par with similar concession available to start-ups under the Start-up India initiative.
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. Thus, to encourage greater participation of the educational institutions, playing a significant role in India’s innovation, official fees have been reduced.
For claiming the status of Educational Institution, the applicant will have to file Form-28 along with necessary supporting document(s) which establishes that it is an educational institution as defined under of Rule 2(ca). Foreign educational institutions are also eligible for claiming the reduction in official fee, provided they are established, incorporated, or recognized as per the laws and provisions of their country. They too will have to file Form-28 along with necessary supporting document(s). For already filed applications or granted Indian patents, the eligible applicant/patentee can file Form-28 along with necessary supporting document(s) and claim the status of educational institution. Once the Indian Patent Office (IPO) processes the request (Form-28) and changes the status of the applicant/patentee to Educational Institution, reduced official fee can be paid including the maintenance fee. Such request will need to be filed separately for each application/patent.
Department for Promotion of Industry and Internal Trade (DPIIT) launched the scheme, Facilitating Start-ups Intellectual Property Protection (SIPP) in order to provide facilitators with filing and processing of their applications. Professional charges of such facilitators are reimbursed in accordance with the provisions of the scheme.
Further the Supreme Court has recalled the “suo motu” order of April 27, 2021, which had extended with effect from March 14, 2021, the limitation period for filing of cases in view of the COVID-19 second wave. The Court said that the suo motu extension of limitation period will stand withdrawn with effect from October 02, 2021.
The following are the directions:
- In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021.
- In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.
- The period from 15.03.2020 till 02.10.2021 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
- The Government of India shall amend the guidelines for containment zones, to state. “Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements.”
Therefore, noticing that the country is returning to normalcy, the extension of limitation brought to an end. The Supreme Court shall reconsider recalling the suo moto order with respect to all cases, as the COVID situation has improved across the country.
Source: livemint.com, pib.gov.in and livelaw.in
Name: Priya Mehta
Designation: Indian Patent Agent and Advocate
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