Patents Rules, 2003 amended (1st Amendment of 2017)

Dated 1st December, 2017 | Copy of | Industrial Policy Notification Sl.14 | 

In exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely:-

1. (1) These rules may be called the Patents (Amendment) Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In Sub rule (fb) under rule 2 of the Patents Rules, 2003 (hereinafter referred to as the principal rules) the definition of Startup is substituted as,-

(i) “Startup” means

(a) an entity in India recognised as a startup by the competent authority under Startup India initiative,
(b) In case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation/registration as per Startup India Initiative and submitting declaration to that effect.

Explanation: In calculating the turnover, reference rates of foreign currency of Reserve Bank of India shall prevail.

Sd/-
(Rajiv Aggarwal)
Jt. Secy.

G.S.R.1472(E)
F.No.14(03)/2014-IPR-III-Vol.II
Issued by:
Ministry of Commerce and Industry
(Department of Industrial Policy and Promotion)
New Delhi

Note: The Principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii) vide S.O. 493(E), dated the 2nd May, 2003 and subsequently amended vide notification number:-
(i) S.O.1418(E), dated the 28th December, 2004;
(ii) S.O.637(E), dated the 5th May, 2006;
(iii) S.O.2296(E), dated the 25th September, 2012;
(iv) S.O.1029(E), dated the 23rd April, 2013;
(v) G.S.R.125(E), dated the 28th February, 2014; and
(vi) G.S.R.523(E), dated the 16th May, 2016;