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Rediff.com  » Business » A faster patent regime soon

A faster patent regime soon

By Bhuma Shrivastava & Gaurie Mishra in New Delhi
September 23, 2005 14:16 IST
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Patent fee may finally get lesser and the time taken in granting patents and processing applications are also likely to get shorter.

These were discussed at a meeting of the commerce ministry with lawyers and other experts as part of the government's consultation process in finalising the patent rules.

The rationalisation of the patent fee is long overdue as the rates after January 1, 2005 are exorbitant, analysts say.

"The option of stricter time lines is being considered to reduce the time for the process of granting patents and to ensure accountability," said Hari Subramanium, member of the discussion committee.

While the fee before the onset of the new patent regime was Rs 4,000 per application, it has been kept the same for the first 30 pages. Beyond 30 pages, there is a charge of Rs 400 per page and Rs 800 for any claim exceeding 10.

Request for examination attracts Rs 10,000 now as compared with Rs 4,000 earlier. Further, an extension for a month will invite a fee of Rs 4000, Rs 8,000 and Rs 12,000 for the first, second and the third month respectively.  Earlier, a charge of Rs 1,000 per month as was applicable.

"The government has been treating the patent office almost like its cash-cow," claims a patent attorney. These issues are likely to be addressed in the ensuing patent rules.

A government official told Business Standard that the Centre would release the patent rules in two months and there might be another round of public comments.

This round was likely to ensure that the changes were absorbed by the public and the industry so as to obviate recurrent changes in the patent rules, said the official.
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Bhuma Shrivastava & Gaurie Mishra in New Delhi
Source: source
 

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