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17 December 2018Influential Women in IP

India seeks to expedite women’s patent applications

The Indian Patent Office will have to expedite the examination of patents filed by women under new rules proposed to promote female entrepreneurship.

India’s Department of Industrial Policy and Promotion (DIPP), which falls under the country’s commerce and industry ministry, suggested amending the Patent Rules, 2003 to accommodate the change, in a document dated December 4.

The draft changes stipulate that if a patent applicant or at least one of the applicants in a group is female, the Indian Patent Office would expedite the examination of that application.

According to a report published yesterday, December 16, by BloombergQuint, which focuses on Indian business and financial news, an Indian official  said: “The move would help in promoting women entrepreneurship in the country. So far there was no such provision.”

Despite the large number of female entrepreneurs in India, very few actually apply for patents, according to the official.

As reported by  WIPR last week, the proposed amendments also specify that expedited examination should occur where the applicant is a start-up or a small entity, again in an attempt to promote entrepreneurship in India.

Female applicants wishing to benefit from the new rules will have to prove their eligibility by showing a photo identity card.

Start-ups will need to show a certificate of recognition from the DIPP (or an equivalent if the applicant is foreign).

Small entities will similarly need to share documentary evidence of registration under the Micro, Small and Medium Enterprises Act (or an equivalent in the case of foreign entities).

The DIPP suggested that the new rules are called the Patent (Amendment) Rules 2018.

It comes as part of the DIPP’s efforts to reduce the time spent examining and granting patents. Other steps include hiring more people and increasing the use of technology.

The DIPP is aiming to reduce the patent examination timeline (including filing, examination and grant) from the current time of 5 to 7 years, to 18 months by March 2020.

The department invited objections or suggestions related to the recent proposal to email Shri Sushil K Satpute, director of the DIPP, at  sushil.satpute@nic.in for consideration by the government.

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More on this story

Patents
12 December 2018   India has published a draft version of the Patents Rules, 2018, which would make it easier to get a patent more quickly.
Patents
5 July 2017   The Indian Patent Office has released new guidelines on obtaining patents for computer-related inventions.