India drafts amendments to the Patent Rules
On March 15, 2024, India’s Ministry of Commerce and Industry announced the Draft Patent (Amendment) Rules, 2024, which amend the Patent Rules, 2003. These new rules aim to simplify compliance requirements and accelerate the patent registration process.
Rachna Bakhru, a partner at RNA, Technology and IP Attorneys in Gurugram, highlighted the key changes:
- Reduced Timeline for Requesting Examination: The deadline to file a request for examination has been shortened from 48 to 31 months, facilitating faster patent registrations.
- Simplified Form 27: Previously, patent owners had to file Form 27 annually to demonstrate the working of their patents and disclose revenue earned. The new rules extend this requirement to every three years and eliminate the need to share financial information, merely requiring a statement on whether the patent was utilized during the financial year.
- Form 3 Filing Timeline: Applicants can now submit Form 3 within three months from the issuance of the First Examination Report or within two months of a request from the controller. The controller can also condone delays or extend the filing period by up to three months upon request. This change aims to balance the responsibilities between applicants and the controller in accessing updated information.
- Pre-Grant Opposition Proceedings: To reduce delays, if the controller finds no prima facie case in a pre-grant opposition, they will notify the opponent. Unless the opponent requests a hearing, the controller will pass an order refusing the representation within one month of notification.
- Discount on Renewal Fees: A 10 percent discount on annual renewal fees is available if paid in advance through electronic means for at least four years. This provision aims to increase efficiency in the registry’s operations.
- Additional Provisions: The new rules also introduce a one-year grace period for filing patent applications following earlier publication or usage of the invention, certificates of inventorship for granted patents, and allow filing of divisional patent applications for inventions previously disclosed in a provisional or complete specification, or in another divisional application.
Overall, these amendments are designed to streamline the patent process, reduce administrative burdens, and make the system more efficient and user-friendly for patent applicants.
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– You could see Procedure of Trademark in India here.
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