The Union Government recently introduced the Patents (Amendment) Rules, 2021 with an intention to promote innovation and technology development. A significant change brought by this amendment is an 80% reduction in the patent filing and prosecution fee for educational institutions.
Understanding Patents
A patent is essentially a preservation of intellectual property granting an exclusive right for an invention. This invention could be a product or a process offering a new way of operation or a novel technical solution to existing problems. In order to secure a patent, detailed technical information about the invention should be made available to the public through a patent application.
Eligibility Criteria for Securing a Patent
The invention should meet specific criteria to qualify for a patent. Firstly, it should be unique and novel. Secondly, it should involve a significant inventive step or technical advancement. Lastly, the invention should have the potential for industrial application.
The Tenure of a Patent
In India, a patent is valid for twenty years from the date of filing the patent application. This is applicable regardless of whether the application was filed with provisional or complete specification.
A Look at the Patents Act, 1970
Brought into force in 1972, the Patents Act, 1970 is the principal law for the patenting system in India, replacing the Indian Patents and Designs Act 1911. Post its amendment in 2005, the product patent extended to all technology fields, including food, drugs, chemicals, and microorganisms. Further, provisions related to Exclusive Marketing Rights (EMRs) were repealed and introduced were provisions for granting compulsory licenses and pre-grant and post-grant oppositions.
The Patents (Amendment) Rules, 2021: Reduced Patent Fees for Educational Institutions
Educational institutions are often involved in extensive research activities, leading to the generation of several new technologies that require patenting for their commercialization. However, the considerably high patent filing fees for large applicants can act as a disincentive. To counter this and to encourage the participation of educational institutions, the Patents (Amendment) Rules, 2021 has reduced the official fees by 80%. This benefit is extended to all educational institutions, whereas earlier it was only for government-owned recognized educational institutions.
Extension of Expedited Examination System
The expedited examination system was initially designed for patent applications filed by startups, allowing for the fastest granted patent in just 41 days post filing. This system has now been extended to eight additional categories including SMEs, female applicants, government departments, institutions established by a Central, Provincial or State Act, a government company, an institution financed wholly or substantially by the government, and applicants under Patents Prosecution Highway.
About Evergreening of Patent and Compulsory Licensing
Evergreening is a strategy adopted to extend the term of a granted patent that’s about to expire by acquiring new patents. However, India’s Patent Act does not permit evergreening of patents. On the other hand, Compulsory Licensing is the grant of permission by the government to entities for use, manufacturing, import, or selling a patented invention without the patent-owner’s consent. Conditions such as ‘national emergencies, other circumstances of extreme urgency and anti-competitive practices’ need to be fulfilled as per the WTO’s TRIPS (IPR) Agreement for granting Compulsory Licensing.
