Patents (Amendment) Rules, 2024
Kartavya Desk Staff
#### Facts for Prelims (FFP)
Source: Mondaq
Context: India has announced progressive changes in the Patents Rules, 2003 (under the Patents Act 1970) through the Patents (Amendment) Rules, 2024, notified by the Department of Promotion of Industry and Internal Trade (DPIIT) and the Indian Patent Office.
What is a Patent?
A patent is a statutory right granted by governments, providing exclusive rights to the inventor for their invention. It prohibits others from using, making, selling, or importing the patented product or process without permission. The patent term typically lasts for 20 years. To qualify for a patent, an invention must meet criteria such as novelty, inventive step, and industrial applicability.
Key changes introduced under Patents (Amendment) Rules, 2024
• 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 Submission of Form 3: Patent applicants are now required to submit details of corresponding applications on Form 3 only twice.
• Introduction of ‘Certificate of Inventorship’ to recognize inventors’ contributions to patented inventions.
• 10% reduction in renewal fees if paid in advance through electronic mode for at least 4 years.
• The frequency of filing statements of working patents was reduced from once in a financial year to once in every three financial years.
• Empowerment of Controller: The Controller has been granted authority to extend time periods specified in the Rules and to condone delays for up to six months.
• Amendments in 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.
Achievements:
• India has ratified the Patent Cooperation Treaty (PCT), and its patent office granted over 100,000 patents between March 2023 and March 2024.
• There has been a surge in Geographical Indication registrations, a record-breaking number of copyright registrations, and the highest number of design registrations during the fiscal year 2023-24.
• Trade Marks Registry is committed to issuing examination reports within 30 days of receiving trademark applications.
• National Intellectual Property Awareness Mission (NIPAM) has provided IP training to over 24 lakh youths in the last two years.