Patents (Amendment) Rules, 2021

Context

The central government introduced Patents (Amendment) Rules, 2021 which reduced the fee for patent filing and prosecution for educational institutions by 80 percent.

Key highlights of Patents (Amendment) Rules, 2021

• The new rules reduced the fee for patent filing and prosecution for educational institutions by 80 percent.
• Applying for patents, innovators had to apply for these in the name of institutions that were required to pay exorbitant patenting fees. 
• This reduction in fees is at par with similar concessions available to start-ups under the Start-up India initiative.
• The move has been taken to strengthen innovation and creativity in the knowledge economy.

The need

• The high patenting fee was a hindrance for educational institutions in getting newer research and technologies patented and hence worked as a disincentive for the development of newer technologies.

Patent Law in India 

• The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. 
• The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. 
• One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
• The Patents Act, 1970 was again amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and micro-organisms.
  • After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced.
  • The provisions relating to pre-grant and post-grant opposition have been also introduced.