KEY ABRIDGED HIGHLIGHTS : The Patents (Amendment) Rules, 2024
The Patents (Amendment) Rules, 2024, made changes to the existing Patents Rules, 2003. Here's a summary of the key changes:
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1. Timeframe Amendments:
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?? - Rule 12 was amended to reduce the time for response to objections from six months to three months from the issuance of the first statement of objections.
?? - Rule 24B was amended to shorten the period for requesting examination from forty-eight months to thirty-one months for applications filed after the amendment. However, for applications filed before the amendment, the previous period remains applicable.
?? - Similar amendments were made in Rule 24C regarding the timeframe for certain actions.
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2. Use of Databases/Form 3:
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?? - The Controller is now empowered to use accessible databases for considering information related to applications filed outside India. Form 3 to be also filed once (subject to Section 8 requirement) within three months after issue of FER extendible by further three months.
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3. Grace Period:
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?? - A new provision, Rule 29A, allows for the filing of an application to avail the period specified under Section 31.
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4. Representation Procedures:
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?? - Changes were made to the procedures regarding representations for opposition, including timeframes and application of specific rules.
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5. Certificate of Inventorship:
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?? - Rule 70A allows for the issuance of a certificate of inventorship by the Controller upon request.
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6. Renewal Fee Reduction:
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?? - Rule 80 now offers a ten percent reduction in renewal fees if paid in advance for a period of at least four years through electronic mode.
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7. Expansion of Coverage:
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?? - Rule 110 expands the scope to include not only patent specifications but also design specifications.
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8. Filing of Statements:
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?? - Rule 131 specifies the timeframe (once in three years) and frequency for furnishing statements, with provisions for condoning delays.
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9. Extension of Time or Condonation of Delay:
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?? - Rule 138 grants the Controller the power to extend timeframes or condone delays for up to six months upon request.
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These amendments aim to streamline procedures, reduce timeframes, introduce new provisions, and expand coverage to enhance efficiency and effectiveness in the patent system.
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