On 15-3-2024, the Ministry of Commerce and Industry notified the Patents (Amendment) Rules, 2024 to amend the Patents Rules, 2003. The provisions came into force on 15-3-2024.
Key Points:
- The time within which the applicant for a patent has to keep the Controller informed of the details in respect of other applications filed in any country in the undertaking to be given by him has now been reduced to 3 months from the date of issuance of first statement of objections.
- Further, some provisions relating to Statement and undertaking regarding foreign applications have been revised:
- The Controller can use accessible and available databases, for considering the information relating to applications filed in a country outside India.
- The Controller can direct the applicant to furnish a fresh statement and undertaking in Form 3 within 2 months from the date of such communication by the Controller.
- The Controller may condone the delay or extend the time for filing Form 3 for a period up to 3 months upon a request made in Form 4.
- Rule 13 relating to Specifications has been revised introducing a new provision vide which a patent applicant can file one or more further applications under Section 16 including in respect of an invention disclosed in the provisional or complete specification or a further application filed under section 16 of the Patents Act 1970.
- Rule 29-A relating to Grace Period has been inserted which says that an application specified in Section 31 (Anticipation by public display, etc.) will be filed in Form 31 with the fees to avail the grace period.
- Rule 70-A relating to Certificate of inventorship has been inserted:
- The certificate is issued by the Controller to the inventor for a patent in force.
- The request has to be made by the inventor in Form 8-A along with the fees.
- Duplicate certificate can also be issued by the Controller on making a request which should contain a statement setting out the circumstances in which the original certificate of inventorship was lost, destroyed, damaged or cannot be produced.
- The delay or extension of any proceedings can be condoned by the Controller for a period of 6 months by making a request in Form 4 before the expiry of the said period of 6 months.
- The following Forms have been substituted:
- Form 3- Statement and Undertaking under Section 8
- Form 4- Request for extension of time or condonation of delay
- Form 8A- Certificate of Inventorship
- Form 27- Statement regarding the working of patented inventions on a commercial scale in India
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Form 31- Grace Period
