Question : Patents Rules, 2021

(a) whether the Government has recently made amendments in the Patents Rules and notified the Patents (Amendment) Rules, 2021 and if so, the details thereof;

(b) whether the Government has extended the benefits of 80% reduced fee for patent filing and prosecution to educational institutions;

(c) if so, the details thereof;

(d) whether the Government has launched any Scheme for facilitating Startups Intellectual Property Protection (SIPP);

(e) if so, the details thereof; and

(f) the other steps being taken by the Government in strengthening its intellectual property ecosystem in recent years?

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THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY
(SHRI SOM PARKASH)

(a) to (c) : Yes Sir. The Patents Rules, 2003 were amended by the Patents (Amendment) Rules, 2021 which came into force on 21st September 2021 vide Notification G.S.R. 646(E) of the even date. Vide the Patents (Amendment) Rules, 2021, the term ''educational institution'' was defined in sub-rule (ca) of rule 2 of the Patents Rules, 2003 and the First Schedule of the Patents Rules, 2003 was also amended. Consequently, the said educational institutions will be eligible for benefit of reduced fee which is around 80% lower than the fee that is payable by other entities. The said Gazette notification is at Annexure-I.

(d) & (e) : Yes Sir. The Scheme for Facilitating Startups Intellectual Property Protection (SIPP Scheme) was initiated, on pilot basis, in 2016. The SIPP Scheme was run for the benefit of Start-ups, by providing for facilitators (registered patent agents, registered trade mark agents, lawyers, government organisations like TIFAC, NRDC, etc.) who would provide their professional services to the Startups but claim their fees from the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). Based on the experience gained, the SIPP scheme was extended for a period of three years with effect from 1st April 2017 to 31st March 2020 and further from 1st April 2020 till 31st March 2023. With effect from 1st April 2020, applications filed through Technology and Innovations Support Centres (TISCs), established by collaboration between World Intellectual Property Organization (WIPO) and Department for Promotion of Industry and Internal Trade (DPIIT), can also avail the benefit of the SIPP Scheme. The details of the SIPP scheme are at Annexure-II.

(f): Government of India has taken several initiatives to strengthen Intellectual Property Rights (IPR) ecosystem in the country, which includes modernization of Intellectual Property Rights offices, adopting e-service delivery system, real-time public dissemination of dynamic intellectual property (IP) knowledge, manpower augmentation, setting up of feedback mechanism, amendments in specific IP legislation for simplification of procedures, such as reduction of forms, incentivizing e-filing and reducing compliance burden.
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