How India Reduced Patent Approval Period from 80 Months to 8 Months
8 Pages Posted: 6 Nov 2020
Date Written: September 17, 2020
Indian patenting process received much flak for long period and stringest criteria for innovative step. While not diluting position on incremental innovations, computer related innovations, genetically modified seeds/ plants/ organs, Government of India has taken several steps to benefit startups, defined as firms within Rs 100 crore turnover. In addition to liberal funding and tax benefits, the Government announced 80% rebate in patent filing fees and 50% rebate in trademark filing fees. Large number of Patent facilitators(425) and Trademark facilitators (606) have been empaneled under this scheme to provide free-of-charge services to Startups. Additionally, Startups are considered for expedited examination of patent applications to reduce time taken in granting patents. This paper summerises Indian patent system drawing out negative list, explains the patenting methodology, analyses impact of pre-grant opposition and closes with remarkable turnaround with provision for expedited examination.
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