Draft Patents (Amendment) Rules 2021 Notified by MCI

The Ministry of Commerce and Industry or MCI has recently issued Notification on 09.02.2021, concerning the Drafts Patent (Amendment) Rule 2021. The said rules seek to further amend the Patent Rules 2003 and will come into effect from the date of publication.

Further, the DPIIT (Department for Promotion of Industry and Internal Trade) by way of a notification has notified that any suggestions or objections raised must be sent through an e-mail within 30 days from the date of publication of draft rules.

In this blog, we will discuss in detail regarding the changes bought by way of Draft Patents (Amendment) Rules 2021.

Concept of Patent

The term Patent denotes a way of granting sovereign property rights to the inventor. In laymen sense, it is a way of granting exclusive rights for a certain period of time to the inventor. 

Further, the term right includes the authorities as follows:

• Power to Sell;
• Power to Use;
• Power regarding the Import of Product;
• Power to Restrict other from using the product without permission;
• Power to Process, etc.;

 Also, it shall be relevant to state that an inventor must consider the factors listed to obtain Patent Registration in India:

• Novelty;
• Non Obviousness;
• Industrial Applicability;

Also, in India, a Patent Registration remains valid for a period of 10 years, starting from the date of grant of Patent Registration.

Also, Read: Everything You Must Know About Patent Law in India

Key Provisions of Draft Patents (Amendment) Rules 2021

The key provisions of the Draft Patents (Amendment) Rules 2021 are as follows:

Insertion of Rule 2 (ca)

By way of the Draft Patents (Amendment) Rules 2021, the government has decided to insert the term Eligible Educational Institution under Rule 2 (ca). The term Eligible Education Institution means an institution constituted by the Central, State, or Provincial Act, which has been controlled or owned by the Government. Also, these institutions are wholly or substantially financed by government.

Insertion of Second Proviso in Rule 7 (1)

In Rule 7 (1), the second proviso inserted, states that in the case of a small entity, eligible institution, start up, every document furnished for which a fee has been prescribed needs to be accompanied with Form 28.

Substitution in Rule 24 C

Based on the changes made in the Drafts Patent (Amendment) Rule 2021, Clause k of Sub Rule (1) of Rule 24 C will be substituted with “that the said applicant is an eligible educational institution”.

Substitution of Rule 7 (3)

If in case an application is processed by a natural person, small entity, start-up, or by any eligible educational institution, and the same is fully or partly transferred in favour of an individual other than a natural person, small organisation, start-up, or eligible educational institution, then, in that case, the difference, if in case any, in the scale of fees amongst the fees that has been charged from the natural person, start-up, eligible educational institution, or small organization and the fees charged from any individual other than a natural person, will be paid by way of the new applicant, together with the request for such transfer.

Substitution of First Schedule

Based on the provisions of the Drafts Patents (Amendment) Rules 2021, the existing principal rules, for Table I of the first schedule, will be substituted with the new one as provided in the amended regulations.

Conclusion

In a nutshell, the Ministry of Commerce and Industry has passed notification concerning the Drafts Patent (Amendment) Rule 2021. These amended rules seek to further amend the provisions of the Patent Rules 2003 and will come into effect from the date of publication in the official gazette.

Also, it has been stated that any suggestions or objections raised after the expiry of 30 days, must be sent through an email at [email protected] or by way of a letter to the Secretary, DPIIT (Department for Promotion of Industry and Internal Trade), MCI (Ministry of Commerce and Industry), Government of India, Udyog Bhawan, New Delhi – 110011.

Lastly, in case of any doubt and issue, reach out to our proficient and well experienced IPR experts at Swarit Advisors, who will not solve out your doubts, but will ease the process of patent registration for you as well.

Official Draft Patents (Amendment) Rules 2021

Draft-Patents-Amendment-Rules-2021-Notified-by-MCI

Also, Read: Checklist for Patent Registration in India