Thursday, April 4 2024   \  Published by Abu-Ghazaleh Intellectual Property .

India: Patents (Amendment) Rules, 2024 and Patent (Second Amendment) Rules, 2024 come into Force

India: Patents (Amendment) Rules, 2024 and Patent (Second Amendment) Rules, 2024 come into Force

NEW DELHI - The Patents (Amendment) Rules, 2024 and the Patent (Second Amendment) Rules, 2024 have been notified and have entered into force on March 15, 2024.

Key changes introduced under the Patents Amendment Rules 2024 include:

• Revised Due Date for Request for Examination: The deadline for filing a Request for Examination (RFE) in a patent application has been reduced from 48 months to 31 months from the earliest priority date.

• Simplified Submissions of Form 3: Patent applicants are now only required to submit details of corresponding applications on Form 3 twice; once at the time of filing at secondly within Examination Report (FER) or within 2 months from the date of request from controller.

• Introduction of a ‘Certificate of Inventorship': To recognize the contributions of inventors to patented inventions.

• 10% reduction in renewal fees: If paid in advance through electronic mode for at least 4 years.

• Reduced frequency of filing statements of working patents: From once a financial year to once every three financial years.

• Empowerment of the Controller: The Controller now has the authority to extend specified periods and condone delays for up to six months.

• Amendments to Pre-grant and Post-grant Opposition Procedures: The time frame for submission of recommendations by an Opposition Board and the response time for applicants have been adjusted. AGIP

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