Friday, December 29 2023   \  Published by Mirandah IP.

India- Salient features of the Proposed Patents (Amendment) Rules, 2023

India- Salient features of the Proposed Patents (Amendment) Rules, 2023

The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) has proposed amendments to the Patents Rules, 2003 (the ‘Rules’). A summary of some of the major proposed amendments, is set out below:

1. Reduction in timeline for filing a request for examination: A proposal has been made to shorten the time frame for filing a request for examination, from (the current) 48 months to (a proposed) 31 months. Failure to submit a request within 31 months will lead to the abandonment of the application. However, it is important to note that for applications submitted prior to the implementation of the Patents (Amendment) Rules, 2023, the time limit for filing the examination request under Section 11B of the Patents Act, 1970 (as amended) (the ‘Act’), as specified in the Patents (Amendment) Rules, 2006, must still be observed. Read more

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