The Ministry of Commerce and Industry vide its notification dated 4th November 2020 has published the Patents (2nd Amendment) Rules, 2020 to further amend the Patents Rules, 2003.
The Amendment is brought under Rule 7 which prescribes the fees for grant of patents in which sub rule 3 has been substituted as follows:
In case an application processed by a natural person or startup 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.
Further, an explanation after sub-rule 3 has been interested which states that a start-up or small entity, having filed an application for a patent, ceases to be a startup or small entity due to the lapse of the period during which it is recognized 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.
