DIPP publishes Draft Patents (Amendment) Rules, 2018

Dec 10, 2018 | by Avantis RegTech Legal Research Team

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General Compliance

The Department of Industrial Policy and Promotion (DIPP) on December 04, 2018 has published the Draft Patents (Amendment) Rules, 2018 to propose amendments to the Patents Rules, 2003.

DIPP has given notice that the draft rules will be taken into consideration after the expiry of a period of 30 days from the date on which copies of the Gazette of India, in which the notification is published, are made available to the public that is on December 04, 2018.

Some of the major amendments proposed in the Patents Rules, 2003 are as under:

·         In Rule 18 which specifies the appropriate office in relation to international applications, after sub-rule (2) the following proviso shall be inserted, namely:

“Provided that, in respect of international application, a patent agent shall file, leave, make or give all documents including scanned copies that are required to be submitted in original, only by electronic transmission duly authenticated;”

“Provided further that the original documents, if required to be submitted in original, shall be submitted within a period of fifteen days; failing which such documents shall be deemed not to have been filed”.;

·         In Rule 24 C which specifies the provisions regarding Expedited examination of applications:

o   In sub-rule (1), clause (b) shall be substituted;

o   In sub-rule (4), the following proviso shall be inserted:

Provided that if such requirements are met before issuance of FER, the application shall be processed for expedited examination in accordance with the provisions of rule 24-C.;

·         In Rule 55 which specifies the procedure for Opposition to the patent:   

o   After sub-rule (2), the following sub-rule shall be inserted, namely:

“(2A) The Controller shall, by order, constitute a bench comprising two members, who shall proceed to dispose of the application and the representation jointly:

Provided that if the members of the bench differ in opinion on any issue, the Controller shall nominate a third member to the bench and subsequently the majority decision will be treated as final.”

o   In sub-rules (3) and (5), for the word “Controller”, wherever it occurs, the word “bench” shall be substituted.

Objections or suggestions, if any, may 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 [email protected]

The objections and suggestions, which may be received from any person with respect to the draft rules before the expiry of the period so specified, shall be considered by the DIPP.

[Notification G.S.R. 1172(E)]

 

URL: https://dipp.gov.in/sites/default/files/draft_PatentRule_10December2018.pdf


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