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Amended Patent Rules, 2020

The Patent Amendment Rules 2020 have come into effect from 19 October 2020 published by DPIIT in the Official Gazette of India. The Draft Rules namely Patents Amendments Rules 2019 were published dated 31st May 2019 for inviting objections and suggestions from all persons likely to be affected.

These amendments include:

  • • Allows the submission of priority documents through Digital Library Access.
  • • Submission of English translation for the priority documents in accordance with the regulations under the Patent Co Operation Treaty.
  • • Changing the time limits for submission of Form 27 from Calendar year to each Financial Year.
  • • The date of submission has been extended by six months from earlier three months i.e. from March 31 to September 30 of the financial year.
  • • Single Form 27 may be filed in respect of multiple patents provided they are related patents wherein the approximate revenue / value accrued from a particular patented invention cannot be derived separately from the approximate revenue/value accrued from related patents, and all such patents are granted to the same patentee(s).
  • • Eliminating public requirement criteria and information regarding licensees and sub-licensees granted in a year from Form 27.
  • • Submission of brief write up in respect of approximate revenue / value accrued in India in case of patent has worked is required to be submitted.

With the amendment rules now in force, the amendments in Form 27 simplifies the filing procedure allowing submission of single form 27 in case of multiple related patents. Secondly, by co inciding the submission dates of Form 27 with the financial year end, patentees and licensees shall be more at ease.

Shiva Mehta

Shiva Mehta is a registered Indian Patent Agent and a Bachelor of Law; working at Y.J. Trivedi & Co., (a full service IP Law Firm) as a Managing Associate. She is an astute, energetic and dynamic lawyer having sharp techno-legal acumen. Her expertise lies in national and international patent prosecution, drafting and filling of multifarious patents belonging to various branches of areas of Science such as Engineering, Software, Chemicals and Pharmaceuticals amongst others. She has delivered lectures on various aspects of Intellectual Property Rights at several esteemed Universities and Institutions and also penned down many articles on critical issues of IPR published with national and international publications.

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