The Ministry of Commerce and Industry on 21st September 2021 has published the Patents (Amendment) Rules, 2021 to further amend the Patents Rules, 2003.
Through this amendment, the term educational institution has been defined under rule 2( Ca) which means a university established or incorporated by or under Central Act, a Provincial Act, or a State Act, and includes any other educational institution as recognised by an authority designated by the Central Government or the State Government or the Union territories in this regard;”.
Further rule 7 deals with fees to be paid in respect of the grant of patents and applications in which sub-rule 3 has been substituted as follows:
In case 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.
