Department for Promotion of Industry and Internal Trade under the MINISTRY OF COMMERCE AND INDUSTRY introduced the Patents (Amendment) Rules, 2021 on 21st September 2021.

The amended rules provide a fee reduction for “educational institutions” and define “educational institution” as a university established or incorporated by or under Central Act, a Provincial Act, or a State Act, and includes any other educational institution as recognized by an authority designated by the Central Government or the State Government or the Union territories in this regard.

with regard to the fees, the amended claims provide that in the case of a small entity, or startup, or educational institution, every document for which a fee has been specified shall be accompanied by Form-28. Revised Form-28 is also provided by the said Rules.

The Rules also provide that when an application processed by a natural person, startup, small entity or educational institution is fully or partly transferred to a person other than a natural person, startup, small entity or educational institution, the difference, if any, in the scale of fees between the fees charged from the natural person, startup, small entity or educational institution and the fees chargeable from the person other than a natural person, startup, small entity or educational institution, shall be paid by the new applicant along with the request for transfer