Under the revised policy, which came into effect on 16 May, India’s Department of Industrial Promotion and policy will become the agency in charge of registering patents and trademarks. The changes, which include an expedited ‘tatkal’ or ‘instant’ option for registering new patents, will seek to cut the average duration of the patent registration process in India from between 5-7 years currently to around 2.5 years, with the length hoped to drop further to 1.5 years by March 2018. The expedited ‘tatkal’ route will offer companies and individuals a much faster thoroughfare to patent registration provided they are able and willing to pay considerably higher fees – two times the standard fee for individuals, or three times for companies.

Startup support

While the changes represent a loosening across the board, the Indian government has geared its policy overhaul towards supporting startup businesses and domestic filers. Crucially, the amended rules classify startup businesses as ‘individuals’ rather than companies, thus opening access to lower fee levels, cheaper ‘tatkal’ applications and an 80 per cent rebate as per the country’s startup action plan.

 Clearing the backlog

The government has also taken significant steps towards shifting the approximately 237,000 patent applications which are currently jammed in India’s four patent offices. Those wishing to withdraw patent applications will be allowed to do so without any additional fees or penalties, with refunds of up to 90 per cent on offer for those who withdraw their applications before they have reached the examination stage. Patent cases which have made it to a court hearing will now carry a limit of just two adjournments of a maximum of 30 days each for the duration of the hearing.

Sources: Asian Legal Business; Economic Times; World IP Review