Patent Rules 2024

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Source-This post on Patent Rules 2024 is based on the article “Patent office grants One Lakh Patents in one year” published in “PIB” on 16th March 2024.

Why in the News?

Recently, the Patent Rules, 2024 has been officially notified.

About Patents Rules, 2024

1. About: Patent Rules, 2024 marked a significant milestone in the journey towards fostering innovation and economic development.

a) These rules introduce several provisions aimed at simplifying the process of obtaining and managing patents to facilitate a conducive environment for inventors and creators.

b) It is to accelerate economic development of the nation through science and technology to fulfil the Viksit Bharat Sankalp.

Note: A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention.

2. Salient Features: Some salient features of the revamped Rules are as follows:

a) Introduction of Certificate of Inventorship: A new ‘Certificate of Inventorship’ has been introduced to acknowledge the contribution of inventors in the patented invention.

b) Incorporation of Form 31: The streamlined provision for accessing Grace period benefits under Section 31 is facilitated through the introduction of new forms, specifically Form 31.

c) Reduction in Time frame: The time limit for submitting foreign application filing details in Form 8 has been adjusted from six months post-filing to three months after the issuance of the first examination report.

d) Decreased Time Restriction:  Due to rapid technological advancements, the timeframe for filing a request for examination has been reduced from 48 months to 31 months, counted from either the priority date of the application or the date of application filing, whichever comes earlier.

e) Extension in Time Limit:  Provision to extend time limit and condone delay in filing has been further simplified and made more explicit to ease in practice.

The time for doing any act/proceeding may be extended any number of times up to six months by a request in prescribed manner.

f) Reduction in Renewal Fees: Renewal fee has been reduced by 10% if paid in advance through electronic mode for a period of at least 4 years.

g) Reduced Frequency of filing patents: Patent statements in Form 27 are now required every three fiscal years instead of annually. Additionally, a provision allowing a three-month delay in filing upon request has been added.

i) Streamlining of Pre-Grant representation: The process for filing and handling pre-grant representations through opposition under section 25(1) has been enhanced and clarified. This includes establishing methods for disposing of representations and setting filing fees.

Read more: Patent Regime In India

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