Rule, 2017

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Industrial Policy and Promotion)

NOTIFICATION

New Delhi, the 1st December, 2017

G.S.R. 1472(E).—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.

RAJIV AGGARWAL, Jt. Secy.

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 2 nd May, 2003 and subsequently amended vide notification number:—

(i)

S.O. 1418(E), dated the 28th December, 2004;

th May, 2006;

(iii)

S.O. 2296(E), dated the 25th September, 2012;

th February, 2014; and and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Patents Act, 1970