Govt amends patents rules, opens ‘Tatkal’ window for speedy approval

18 May 2016 Evaluate

With an aim to popularize India as a patent filing hub, the government has amended patent rules to offer a ‘Tatkal’ option for speedy clearance of applications by start-ups or those entities that opt for India as a place for first filing of patent. Entities can now choose for speedy clearance route for obtaining patent by paying additional fees if they select India as the International Search Authority or International Preliminary Examining Authorities and file their applications in India first.

India has introduced expedited services for patent registration and also included the definition of 'startup' in the patent rules to pass on special benefits. However, the only new applicants will be eligible for the benefits of the amended rules. India is also planning to reduce the time frame for the grant of patents to two-and-a-half years immediately and one-and-a-half years by March 2018, from the current 5-7 years.

Under the faster clearance route, application fee for individuals and startups is Rs 8,000 while for companies it could be about Rs 60,000. Under normal circumstances, initial patent filing cost ranges between Rs 1,600 and Rs 8,800. The amended rules provide for refund of fees in the case of withdrawal of an application. They provide for full refund of patent application fees and refund of 90% of the fee paid for ‘request for examination (RQ)’. Any payments made twice due to errors in online transaction will also be refunded.


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