The Patents (Amendment) Rules 2016, have come into force w.e.f. 16 May 2016. We have captured some major highlights of the Rules- a detailed analysis and our comments will follow shortly.
The new Rules bring introduce following changes:
- They reduce the time line for putting the application in order for grant from presently – 12 months from the date of issuance of Examination report to 6 months ( extendible by three months upon payment of fee).
- They put a cap on the sequence listing fees.
- A request for expedited examination can be made under the new rules if the applicant is a :
- startup, or
- where India has been indicated as the competent International Searching Authority or elected as an International Preliminary Examining Authority in the corresponding international application.
- They provide a provision for refund of the fees paid, when the Controller is satisfied that during the online filing process, the fee was paid more than once for the same proceeding.
- They also provide for a 90% refund of the fee paid for request for examination or request for expedited examination basis a request made by the applicant in Form 29 upon the withdrawal of an application. This is only applicable for cases where the request for examination has been filed but the first statement of objection is yet to be issued.
Stay tuned on this section for a more comprehensive digest on the new Rules.