HOW INDIA REDUCED PATENT APPROVAL PERIOD FROM 80 MONTHS TO 8 MONTHS

 Indian patenting process received much flak for long period and stringest criteria for innovative step. While not diluting position on incremental innovations, computer related innovations, genetically modified seeds/ plants/ organs, Government of India has taken several steps to benefit startups, defined as firms within Rs 100 crore turnover. In addition to liberal funding and tax benefits, the Government announced 80% rebate in patent filing fees and 50% rebate in trademark filing fees. Large number of Patent facilitators(425) and Trademark facilitators (606) have been empaneled under this scheme to provide free-of-charge services to Startups. Additionally, Startups are considered for expedited examination of patent applications to reduce time taken in granting patents. This paper summerises Indian patent system drawing out negative list, explains the patenting methodology, analyses impact of pre-grant opposition and closes with remarkable turnaround with provision for expedited examination.

Download paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3694424

Patent amendment rules 2019

The Patents (Amendment) Rules, 2019 have now come into effect through a notification by the Central Government on the 18th of September 2019 in its official gazette. A major change brought about by the new rules is that now in addition to startups and applicants designating India as ISA or electing India as IPEA in their corresponding PCT applications, the option of seeking expedited examination is now available to a wide category of applicants. According to the Patents (Amendment) Rules, 2019 rule 24 C is substituted to read as follows:

“…(b) that the applicant is a startup; or

(c) that the applicant is a small entity; or

(d) that if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female; or

(e) that the applicant is a department of the Government; or

(f) that the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government; or

(g) that the applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); or

(h) that the applicant is an institution wholly or substantially financed by the Government;

Explanation:- For the purpose of this clause, the term ‘substantially financed’ shall have the same meaning as in the Explanation to sub-section (1) of section 14 of the Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971(56 of 1971); or

(i) that the application pertains to a sector which is notified by the Central Government on the basis of a request from the head of a department of the Central Government.:

Provided that public comments are invited before any such notification; or

(j) that the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a foreign Patent Office.

Explanation:- The patentability of patent applications filed under clause (j) above will be in accordance with the relevant provisions of the Act.”

Source: banana IP