The draft rules to further amend the Patents Rules, 2003 have been published. Objections or suggestions, if any, have to be addressed to Ms Pooja Swaroop, Deputy Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi-110011 or by e-mail at pooja.swaroop@gov.in.

The proposed amendments are as follows:-

In the Patents Rules, in rule 7, sub-rule (3), the following substitution is proposed, namely:-

“(3) In case an application processed by a natural person and/ or startup and/ or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, the difference, if any, in the scale of fees between the fees charged from the natural person, startup or small entity and the fees chargeable from the person other than a natural person, startup or small entity in the same matter, shall be paid by the new applicant with the request for transfer.”

For rule 7, sub-rule (3A), (3B) have been proposed to be deleted, and it is proposed that the Explanation to sub-rule (3B) be inserted after sub-rule (3) and be substituted as follows:-

“Where a startup/ small entity, having filed an application for a patent, ceases to be a startup/ small entity due to the lapse of the period during which it is recognised by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable.”

At present the fees is divided based on type of Applicant, in three broad categories :-

(1) Natural Person and/or start up

(2) small entity , alone or with natural person and/or start up

others alone or with natural person (s) and /or start up and /or small entity.

The draft Rules propose only two categories:-

(1) Natural person(s) and/ or Startup (s)and/ or Small entit(y)/(ies)

(2) Other(s), alone or with natural person (s) and/ or Startup(s) and/ or Small entit(y)/(ies)

The Rules also propose to clarify by an amendment to the proviso in sub-rule 5 of Rule 24C, that a request for expedited examination under filed by a startup or small entity shall not be questioned merely on the ground that the startup/ small entity, having filed an application for a patent, ceases to be a startup/ small entity due to the lapse of the period during which it is recognised by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority.