Patent (Amendment) Rules 2024

On 16th March 2024, the Indian Patent Office published the Patent Amendment Rules 2024. Here are vital changes that have been introduced in the new rules, primarily  reducing various timelines,

Foreign Applications: The time within which the Applicant for a Patent in India is required under section 8 (1)(b) is to keep the Controller informed of the details in respect of other applications filed in any country, has been reduced from six months to three months, from the date of issuance of first statement of objections.

Further the new rules provides for Controller to directly access online, informations regarding foreign Applications corresponding to an Indian Patent Application, while the earlier rule laid the responsibility on Patent Applicant to provide such information to Controller Hence, now the Applicant will have to provide the details of foreign applications corresponding to the Indian patent application only on getting objection against the application under rule 24 b or 24 C

Request for examination: Another significant change is the timeline to file request for examination . Time Limit to file request for examination if now 31 months instead of 48 months.

Changes regarding patent opposition procedure: The time limit to file reply to pre grant opposition is now 2 months instead of 3 months. Thus, on receiving representation of pre grant opposition the applicant for patent has to file his statement along with necessary evidence and documents if any in support within 2 months from the date of receiving the representation

In case of post grant opposition The time limit for examination board to submit report on post grant opposition is now 2 months instead of 3 months

Certificate of inventorship : The amended rules provide for Controller to issue a certificate of inventorship to an inventor in respect of a patent in force on a request made by the inventor in Form-8A along with the fee specified

Renewal fees: The annual renewal fees payable in respect of two or more years may be paid in advance and where the renewal fees is paid in advance through electronic mode for a period of at least 4 years, a ten per cent reduction in fee shall be applicable for such renewal.

Statement of working: The statement of working of patent in India which was submitted every year will now be required to be submitted once every three years, starting from the financial year commencing immediately after the financial year in which the patent was granted, and shall be furnished within six months from the expiry of each such period.