Glimpse of Patent Amendment Rules 2024

On March 15, 2024, the Indian government published the Patent (Amendment) Rules in the Gazette of India, making substantial modifications to the country's patent policy. These revisions, which seek to streamline patent procedures, improve efficiency, and match worldwide norms, mark a significant shift in India's intellectual property environment.

To begin, the updated regulations adjust the deadlines for different patent-related operations. Notably, the time restriction for filing remarks about foreign applications has been shortened to three months from the date of objections, down from six months from the filing date. Similarly, the time restriction for requesting an examination has been reduced from 48 to 31 months. Additionally, the time restriction for responding to the notice of pre-grant opposition has been shortened from three months to two months. Furthermore, the Examination Board's time restriction for considering and submitting its report on the post-grant objection has been decreased from three to two months. The modifications contain a general provision that allows for the condonation of filing delays of up to six months.

Another noteworthy change involves the granting of a Certificate of Inventorship under the new Rule 70-A. The controller will provide this certificate to the inventor for a patent that is currently valid. Inventors must submit Form 8-A together with the required payments in order to obtain the certificate. Furthermore, the Controller may issue duplicate certificates upon request, accompanied by a statement describing the circumstances that resulted in the loss, destruction, damage, or incapacity to provide the original certificate. Furthermore, the Controller has been given the right to excuse delays or prolong proceedings for up to 6 months upon request in Form 4 prior to the expiration of the first 6-month term. The amendments address several aspects, including the necessity to provide information regarding foreign applications, pre-grant oppositions, working statements, and divisional applications. Notably, the requirement to notify the Controller about corresponding foreign applications is now confined to situations where a statement of objection is issued under Rule 24B or 24C. Additionally, a fee of INR 4000 for natural persons and INR 20000 for companies is mandated to file a pre-grant opposition under Section 25(1). The obligation for patentees or licensees to submit a working statement has been reduced to once every three years, and the mandate to disclose revenue/value accrued in a specific financial year has been eliminated. Furthermore, the revised rules clarify that a divisional application can be lodged against an invention disclosed in a complete or provisional specification of a previously filed application or another divisional application.

These modifications follow India's signing of a Trade and Economic Partnership Agreement (TEPA) with the European Free Trade Association (EFTA), demonstrating a concerted international effort to harmonise intellectual property norms. To accommodate these changes, several forms have been substituted, including Form 3 for Statement and Undertaking under Section 8, Form 4 for Request for Extension of Time or Condonation of Delay, Form 8A for Certificate of Inventorship, Form 27 for Statement regarding the working of patented inventions on a commercial scale in India, and Form 31 for Grace Period.

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