Patent Rules amended again, major changes in fee structure for small enterprises; WIPO launches new patent information tool – WIPO INSPIRE and more

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In this week’s Patent News – Patent Rules amended second time this year, major changes in fee structure for small enterprises; German Appeals Court stays Nokia’s enforcement of injunction against Lenovo; Flipkart acquires Mech Mocha’s IP, forays into gaming space; EPO signs Reinforced Partnership agreement with Columbia; and WIPO launches New Patent Information Tool – WIPO INSPIRE.

Indian Patent News

Patent Rules amended second time this year, major changes in fee structure for small enterprises

Patent (2nd Amendment) Rules, 2020

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry in a major move towards incentivizing Micro, Small and Medium Enterprises has decided to entirely do away with the slab of fees that were earlier applicable to MSMEs. According to the official notification dated 4th November 2020 published by the Office of the Controller General of Patents, Designs and Trademarks on the 6th of November 2020, Small entities will now have to pay the same costs that were earlier applicable only to individuals (Natural persons) and Start-ups.

Based on the notification, MSMEs are now eligible for a 90% fee reduction as opposed to the 50% fee reduction that was available to them earlier. This implies that, where a small entity earlier paid 4000 INR as the basic patent filing fee will now only have to pay 1600 INR as basic patent filing fee.

The full notification may be viewed and accessed here.

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German Appeals Court stays Nokia’s enforcement of injunction against Lenovo

In September 2020, a ruling by a German Court held Lenovo guilty of infringing 20 patents owned by Nokia. The Munich Court had issued an injunction and ordered a recall of all infringing products after which Nokia enforced the injunction against Lenovo. Lenovo filed an appeal against the ruling of the lower court with the German Appeals Court requesting a stay on the