The Indian
government, along with administrators and several Intellectual Property Law Firms in India, has recently taken a considerable step to motivate
inventors to get involved in more and useful inventions. With this welcome move
by the concerned authorities, the Patent Application Process in India has become not just cheaper but easier as well.
The Patent
Amendment Rules 2019, which came into force on 17th September, reflect the
below-given four major changes:
1.
Submission of
Original Documents Only Upon Request
Although the Indian
Patent Office in 2016 had dismissed the requirement to provide hard copies of
the patent forms and specification while applying for Patent Registration in India, certain documents were still needed to be submitted
at the IPO in their original form. Some such documents include the Power of
Authority, verified English translations of Priority and PCT documents, etc.
Under the unamended
rules, the applicants need to submit the original documents at the IPO within
15 days from the day of their online submission. Nonetheless, as per the rules
amended in 2019, the applicants no longer have to do so. They can file their
duly authenticated documents only by electronic transmission. The exception
where original documents are required to be submitted within fifteen (15) days
of a request is if the IPO asks the applicant for the same.
2.
Women and Many
Others Can Enjoy Expedited Examination
In 2016, the
government added the Patent Application Process in India with the provision of expedited examination.
Under the unamended rules, this provision had limited the number of
applications to be examined within twelve months, i.e., the expedited period.
Moreover, it was open for only two categories of applicants, including:
- Start-ups,
- Applicants who mention India as an International
Searching Authority (ISA) or an International Preliminary Examining
Authority (IPEA) in their applications
The amended rules
concerning the provision of expedited examination have come up as a beneficial
change for many other applicants, like:
- Small entities
- Female applicants
- Government entities, such as:
- Different government departments
- Institutions wholly or largely financed by the
government
- Institutions established by the Central,
Provincial, or State Act
- Government companies as specified in Section
2(45) of the Companies Act, 2013
- Applicants who are suitable to process patent
applications compatible with agreements amid IPO and a foreign Patent
Office.
3.
Form 28 Needs
to be filed
As the amended rules
say, the start-ups now have to submit documents supporting their start-up
status along with Form 28, each time whether they file a request, form, or
document at IPO. The filing of such documentary evidence claiming start-up
status will prove helpful in ensuring that the applicant is eligible for
claiming the suitable deduction in the fee.
4.
Zero (0)
Transmittal Fee
As discussed above,
the amended rules have made the Patent Application Process in India easier as
well as cheaper. Under these rules, the previously applicable transmittal fee
for PCT applications at the IPO through the e-filing module has been abandoned.
Additionally, the applicants don’t have to pay fees for the certified copies of
priority documents and their e-transmission by the WIPO Digital Access System
(DAS). Even the costs for filing PCT and convention applications have been
reduced.
Before 2019’s
amendments, i.e., under unamended rules, the applicants were required to pay a
transmittal fee of INR 3200 for start-ups, INR 8000 for small entities, and INR
16,000 for corporates. Furthermore, fees of INR 1000 for start-up, INR 2500 for
small entities, and INR 5000 for corporates for receiving a certified copy of a
priority document with around 30 pages were applicable under unamended rules.
Wrapping Up:
These recently
amended rules will undoubtedly be going to increase the number of patent
filings in India as they are providing opportunities to women, small entities,
etc., in addition to those who are eligible to file patent applications and
get Patent Registration in
India before amendments.
Moreover, these ensure easier and cheaper patent application process that
ultimately buzz off the applicants’ hesitation, thus making them confident to
file their applications without any worry. Hence, we can say that this welcome
move by the government of India will benefit not only the people but also the nation.
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