Guide to 2024 Patent Rule Changes in India

Guide to 2024 Patent Rule Changes in India

Legal & Compliance

Vakilsearch Staff

Vakilsearch Staff

8 week ago — 3 min read

Confused by the new Patent (Amendment) Rules 2024? Get a quick breakdown of key changes like faster processing, inventor recognition, and reduced reporting burden. Learn how these amendments can benefit your patent journey!

 

Overview

The Indian Patent Office introduced significant changes to the patent system with the Patent (Amendment) Rules 2024, notified on March 16, 2024. These amendments aim to improve efficiency and clarity for patent applicants. Whether you’re a seasoned innovator or just embarking on your patent journey, understanding these changes is crucial.

 

Also read: What are the 3 types of patents?

 

Highlights of the Patent (Amendment) Rules 2024

  • Faster Processing: The time limits for requesting examination and responding to objections from the patent office have been shortened. This aims to expedite the overall patenting process.

  • Foreign Application Disclosure: The burden of disclosing corresponding foreign applications has been eased. Applicants now have 3 months from the first objection to submit details of any such applications.

  • Certificate of Inventorship: A new provision introduces a “Certificate of Inventorship” form. This could be a valuable tool for inventors to formally establish their contribution to the patented invention.

  • Reduced Reporting Burden: The requirement to file working statements has been relaxed. Applicants now only need to submit them every three years, instead of annually. Additionally, information on revenue or value accrued is no longer mandatory.

 

Did you know?
Rule 137 previously allowed the Controller to overlook procedural irregularities and permit document amendments without specific provisions in the Act. This power is now restricted for certain actions and deadlines.

 

 

  • Streamlined Pre-Grant Opposition: The procedures for handling pre-grant oppositions have been streamlined, potentially leading to swifter resolutions.

  • Condonation of Delays (with Limitations): The Controller can now condone delays for up to 6 months upon request. However, this is subject to limitations, so be sure to review the specific scenarios where it applies.

  • Form and Fee Changes: Several existing forms have been revised for clarity, and new forms have been introduced for procedures like requesting a grace period or certificate of inventorship. There are also new fee structures for these processes.

 

Also read: Difference between Copyright and Patent

 

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Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views, official policy or position of GlobalLinker.

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