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Substantial Amendments in Indian Patent Rules, 2019

The Government, in its initiative of boosting the economy and increasing the Number of Patent Filings, has amended the Patent Rules. The Department of Promotion of Industry and Internal Trade (DPIIT) has notified the rules further to amend the Patents Rules, 2003. The Indian Patent Office enforced the Patent (Amendment) Rules, 2019 through its notification dated 17th September 2019 in the Official Gazette. With this amendment, the rules are streamlined for the patents filed by the small entities, women and government authorities along with incentivizing Indian Applicants to file International Patent applications.

While the 2016 Patent Amendment Rules introduced the provision of the “Expedited Examination” of patent applications filed by applicants selecting India as International Searching Authority/International Preliminary Examination Authority while filing PCT application as well as startups; the 2019 Patent Amendment Rules extends the eligibility criteria of the applicants to opt for Expedited Examination. The primary change in the amendments focuses on fast-tracking the patent applications through expedited examinations of patent applications filed by:

– Small Entity;

– Natural person is a female OR For joint applicants all being natural person with at least one female;

– Department of Government;

– Institution established by the Central, Provincial or State Act, owned or controlled by Government;

– Government Company;

– Institution wholly or substantially financed by Government;

– Sector affirmed by the notification of the Central Government;

– Arrangement for processing a patent application pursuant to agreement Indian Patent office and foreign Patent Office.

 

The above provisions of expediting the examination of patent applications shall not only nurture the creativity of startups, small entities, and women but shall also be an added advantage in enhancing its valuation and commercialization. It shall also help the government to commercialize its patents.

Where another set of amendment to the Patent Rules, incentivizes the Indian Applicants in order to file more International Patent applications. It amends the rules pertaining to the International filing of the applications through e- PCT. With the change in the “THE FIRST SCHEDULE” the amendment obviates the fees that were applicable as transmittal fees for International Application and the fees applicable for preparing certified copies of priority Document and e- transmission through WIPO DAS.

These amendments in the Patent Rules brings the virtuous news for those patent applications filed by Small Entity, Female legal person, Government Institutions and Departments, Government financed institutions, Foreign applicants applying through patent agreements between Indian Patent Office and foreign patent office. This shall indeed boom the sector expediting the patent prosecution, increasing the patent filing within these sectors, encouraging filing from the female applicants and promoting the sector, enhancing and enriching the IP resources of various government departments, benefiting the foreign applicants encouraging the foreign filing in India. Also, the exclusion of the fees in the international filing through PCT shall elevate and motivate the Indian Applicants to file more International Patent applications.