Draft Patents (Amendment) Rules, 2021

The Department for Promotion of Industry and Internal Trade through notification dated the 9th February, 2021 has published the draft Patents (Amendment) Rules, 2021. Objections or suggestions, if any, may be sent by e-mail within 30 days of publication of draft rules.

The amendment provides that In case an application related to patent processed by a natural person, startup, small entity or eligible educational institution is fully or partly transferred to a person other than a natural person, startup, small entity or eligible educational institution, the difference, if any, in the scale of fees between the fees charged from the natural person, startup, small entity or eligible educational institution and the fees chargeable from the person other than a natural person, startup, small entity or eligible educational institution, shall be paid by the new applicant along with the request for transfer. The amendment is made to prevent the evasion of payment of application fee in case of transfer of applicant status.

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