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Explanation 2.
— In calculating the investment in plant
and machinery, the
cost of pollution control, research and development, industrial safety devices
and such other things as may be specified by notification under the Micro,
Small and Medium Enterprises Development Act, 2006 (27 of 2006), shall be
excluded.
Explanation 3.
—The reference rates of foreign currency of the Reserve Bank
of India shall
prevail.
(fb) “Startup”‖ means an entity, where-
(i) more than five years have not lapsed from the date of its incorporation or
registration;
(ii) the turnover for any of the financial years, out of the aforementioned five
years, did not exceed rupees twenty-five crores; and
(iii) it is working towards innovation, development, deployment or
commercialisation of new products, processes or services driven by technology or
intellectual property:
Provided that any such entity formed by splitting up or reconstruction
of a business already in existence shall not be considered
as a startup.
Provided further that the mere act of developing
—
(a) products or services or processes which do not have potential for
commercialisation, or
(b) undifferentiated products or services or processes, or
(c) products or services or processes with no or limited incremental value for
customers or
workflow,
would not be covered under this definition.
Explanation 1.
— An entity shall cease to be a startup on completion of five
years from the date of its incorporation/ or registration or if its turnover for
any previous year exceeds rupees twenty-five crores.
Explanation 2.
— Entity means a private limited company (as defined in the
Companies Act, 2013), or a registered partnership firm registered under
section 59 of the Partnership Act, 1932 or a limited liability partnership under
the Limited Liability Partnership Act, 2002.
Explanation 3.
— The term “Turnover”‖ shall have the same meaning as
defined in the Companies Act,
2013 (18 of 2013).
Explanation 4.- An entity is considered to be working towards innovation,
development, deployment or commercialisation of new products, processes
or services driven by technology or intellectual property
if it aims to
develop and commercialise a new product or service or
process, or a significantly improved existing product or service or process
that will create or add value for customers or workflow.
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Explanation 5.
— The reference rates of foreign currency of the Reserve Bank
of India shall prevail.
(g) Words and expressions used, but not defined in these rules, shall have the meanings
respectively assigned to them in the Act.
3. Prescribed particulars .—Save as otherwise provided in these rules, the particulars
contained in a Form are hereby prescribed as the particulars, if any, required under the
relevant provision or provisions of the Act.
4. Appropriate office.—(1) The appropriate office of the patent office shall—
(i) for all the proceedings under the Act, be the head office of the patent
office or
the branch
office, as the case may be, within whose territorial limits
—
(a) the applicant or first mentioned applicant in case of joint applicants for a
patent, normally resides or has his domicile or has a place of business or the
place from where the invention actually originated; or
(b) the applicant for a patent or party in a proceeding if he has no place of
business or domicile in India, the address for service in India given by such
applicant or
party is situated; and
(ii) [Omitted by Patents (Amendment) Rules, 2006]
(2)The appropriate office once decided in respect of any proceedings under the Act shall not
ordinarily be changed.
(3) Notwithstanding anything contained in sub-rule (2), the Controller may transfer an
application for patent so filed, to head office or, as the case may be, branch office of the
Patent Office.
(4) Notwithstanding anything contained in sub-rule (1), further application referred to in
section 16 of the Act, shall be filed at the appropriate office of the first mentioned
application only.
(5) All further applications referred to section 16 of the Act filed in an office other than the
appropriate office of the first
mentioned application, before the commencement of the
Patents (Amendment) Rules, 2013, shall be transferred to the appropriate office of the first
mentioned application.
5. Every person, concerned in any proceedings to which the Act or these rules relate and
every patentee, shall furnish to the Controller an address for service, including a
postal
address in India and an e-mail address, and such address for service shall be treated for all
purposes connected with such proceedings or patent as the address of the person
concerned in the proceedings or of the patentee. Unless such an address for service is
given, the Controller shall be under no obligation either to proceed or deal with any
proceeding, or patent or to send any notice that may be required to be given under the Act
or these rules and the Controller may take suo motu decision in the matter: