The Government of India has notified the Patents (Amendment) Rules, 2021 on 21 September 2021. Amending the Patent Rules, 2003 with effect from 21 September 2021, the Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has extended the benefit of reduction in official fees to educational institutions also.
There is now an 80% reduction in the official fees payable by Educational Institution, which is same as that payable by a natural person, a start-up, or a small entity.
The newly introduced Rule 2(ca) provides the definition of ‘Educational Institution’ and recites as following:
‘Educational institution means a university established or incorporated by or under Central Act, a Provincial Act, or a State Act, and includes any other educational institution as recognised by an authority designated by the Central Government or the State Government or the Union territories in this regard;’
For claiming the status of Educational Institution, the applicant will have to file Form-28 along with necessary supporting document(s) which establishes that it is an educational institution as defined under of Rule 2(ca). Foreign educational institutions are also eligible for claiming the reduction in official fee, provided they are established, incorporated, or recognized as per the laws and provisions of their country. They too will have to file Form-28 along with necessary supporting document(s).
For already filed applications or granted Indian patents, the eligible applicant/patentee can file Form-28 along with necessary supporting document(s) and claim the status of educational institution. Once the Indian Patent Office (IPO) processes the request (Form-28) and changes the status of the applicant/patentee to Educational Institution, reduced official fee can be paid including the maintenance fee. Such request will need to be filed separately for each application/patent.
