Draft Patent Rules Published by Ministry of Commerce and industry

The Ministry of Commerce and industry has published draft Rules to further amend the Patent Rules, 2003. Objections or suggestions, can be addressed to Shri Sushil K Satpute, Director, DIPP, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi-110011 or by e-mail at sushil.satpute@nic.in within 30 days from the publication of draft Rules, i.e., by 4th January 2019.

Some proposed changes by said Rules are as follows:-

As per Rule 24C expedited examination could be filed by Applicants who had selected India as an International searching authority or as an International Preliminary examination authority or by Applicants who fulfil the criteria of being a start-up. The rule has been revised to further include:-

  • applications that have at least one of the applicants as a female
  • applications for which applicant is a government undertaking
  • applications for which the applicant is eligible under an arrangement for processing an international application pursuant to an agreement between Indian Patent Office with another participating patent office

Rule 55 relating to pre-grant representation has been revised and a new sub-rule (2A) has been added. As per the revised Rule, the Controller would now constitute a bench comprising two members, who shall proceed to dispose of the application and the pre grant representation jointly. If the members of the bench differ in opinion on any issue, the Controller will nominate a third member to the bench and subsequently the majority decision will be treated as final.

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