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October 2016 - Intellectual Property. Legal Developments by Anand and Anand.

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The Rules specifically address the issue of excessive delays, backlog of applications at the Patent Office, and higher costs in prosecuting applications, especially for new businesses.

Recent times have witnessed a paradigm shift in India towards protection and promotion of intellectual property rights and, in particular, protection of patents. The startup boom, the ruling government’s ‘Make in India’ campaign and judicial intervention in the case of Nitto Denko Corporation v. Union of India have all contributed to the passing of Patents (Amendment) Rules, 2016.

In order to foster innovation, promote investment and entrepreneurship in India, the Rules now specifically recognize ‘startups’ as patent applicants. The Rules define â€˜startups’ as being any entity working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property, provided that not more than five years have lapsed from the date of incorporation of such an entity and the turnover does not exceed rupees twenty-five crores for the said five financial years. Taking into account the initial difficulties faced by such businesses, the Rules further provide for lower fees for prosecuting patent applications filed by such startups as compared to others.

Authored by Pravin Anand and Geetanjali Visvanathan.

This article was published in Asia Business Law Journal

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