Govt eases rules for patents filed by women, govt departments, patent protection abroad

The government has simplified the rules for patents filed by small entities, women and government entities, and incentivised Indian companies who apply for patents abroad.

The Department for Promotion of Industry and Internal Trade (DPIIT) has notified the rules further to amend the Patents Rules, 2003 and expedited the examination a patents if the applicant is a startup, small entity, an institution established by a Central, Provincial or State Act, which is owned or controlled by the government, an institution wholly or substantially financed by the government.

“They have expedited the examination of patents to foster creativity in startups and help the government commercialise its patents by charging royalty,” said an expert on intellectual property rights (IPR).


The department has also incentivised Indian companies to file patents abroad. It has done away with fee required to be paid for electronic international application under the Patent Cooperation Treaty and the transmission through the World Intellectual Property Organisation.

The department had last week floated draft guidelines for the protection of IPR in academic institutions wherein it said that patent rights will rest with the institution if a student, researcher or a faculty member has used its resources and funds for developing a product. If an institution determines that an invention was made by an individual in his or her own time, was unrelated to the responsibilities towards the institution and conceived without the use of its resources, then the invention shall vest with the individual or inventor.