Union Government has opened a special Tatkal like window to expedite examination process of patent applications by start-ups as well as of entities choosing India for filing the first patent.
In this regard, the Department of Industrial Policy and Promotion (DIPP) has as amended patent rules.
Under the new rules
- Union Government is aiming to reduce the time frame for the grant of patents to 18 months from the present 5-7 years by March 2018.
- It also seeks to popularise India as a patent filing hub so that more companies file applications in India.
- The Controller General of Patents Designs and Trademarks (CGPDT) will only take up a limited number of applications under the fast-track route in one year.
- Applicants can opt for the Expedited Examination Route if they have chosen India as International Preliminary Examining Authority or International Searching Authority.
- The expedited route is also applicable to all those entities qualifying as a start-up as per the definition for start-up provided in the Patent Rules.
The new rules were made as per the India’s first National Intellectual Property Rights (IPR) policy which was unveiled earlier in May 2016. The policy seeks to focus on issues like expediting approval processes involving patents or trademarks and consolidating institutional mechanisms to create a robust IPR eco-system.