Patents (Amendment) Rules 2024
Source: PIB
GS II: Governance
Overview
- News in Brief
- About Patent (Amendment) Rules, 2024
Why in the News?
The Patents (Amendment) Rules, 2024 and the Patent (Second Amendment) Rules, 2024 have been notified and have come into force from the date of Publication in the Official Gazette.
News in Brief
- On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime.
- There will likely be more posts in the coming days that take a deeper look into these Rules.
About Patent (Amendment) Rules, 2024
- Timelines for filing requests for examination and opposition procedures have been reduced, promoting quicker resolution of patent matters.
- The time limit for providing foreign application filing details in Form 8 has been reduced from six months after applying to three months after receiving the first examination report.
- The time limit for filing a request for examination has been reduced from 48 months to 31 months from the date of priority of application or from the date of filing of application, whichever is earlier.
- A new provision, Rule 29A, introduces a grace period, allowing applicants to avail of specified time extensions under Section 31.
- A unique provision for a New ‘Certificate of Inventorship’ has been introduced to acknowledge the contribution of inventors in the patented invention.
- Rule 70A enables patent controllers to issue certificates of inventorship upon request, promoting transparency and acknowledgement of inventors’ contributions.
- The frequency of filing the statements of working of patents in Form 27 has been reduced from once in a financial year to once every three financial years.
- The process for filing and resolving Pre-grant representations through opposition under section 25(1) has been refined and clarified, including clear methods for handling representations and setting fees for their submission.
- This aims to deter fraudulent oppositions while promoting genuine oppositions.
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