The Patents (Amendment) Rules, 2024

1. Form 3- (Statement and undertaking under section 8)

  • The time within which the Applicant for a patent shall keep the Controller informed of the details in respect of other applications filed in any country under clause (b) of sub-section (1) of section 8 shall be three months from the date of issuance of first statement of objections under sub-rule (3) of rule 24B or sub-rule (8) of rule 24C.
  • The Controller may, under sub-section (2) of section 8, for reasons to be recorded in writing, direct the applicant to furnish a fresh statement and undertaking in Form 3 within two months from the date of such communication by the Controller.
  • Form 3 under section 8(1) and Rule 12(1A): within six months from the date of filing of the application is still applicable.
  • The Controller may condone the delay or extend the time for filing Form 3 for a period up to three months upon a request made in Form 4.

2. Divisional Applications

  • A patent applicant may, if he so desires, file one or more further applications under section 16, including in respect of an invention disclosed in the provisional or complete specification or a further application filed under section 16.
  • Explanation – This amendment expands the scope of divisional applications beyond just the claims of the parent application. In simpler terms, it means that a divisional application can now be filed for an invention disclosed in either a provisional or complete specification, rather than being limited solely to the claims of the parent application.

3. Request for Examination

  • Request for Examination under section 11B is now required to be filed within 31 months from the priority date or filing date, whichever is earlier.

  • Also note that the revised deadline i.e., 31 months will only be applicable to the applications   

     filed after the March 15, 2024.

4. Newly Added Rule 29A (Grace Period)

  • A new Form-31 has been introduced to facilitate Applicants who seek to utilize the grace period for filing a patent application for an invention that has already been publicly displayed.

5. Pre-grant Opposition

A. No prima facie case is made out in the representation, he shall notify the opponent accordingly, and –

  1. unless the opponent requests to be heard in the matter, the Controller shall, within one month from the date of such notification, pass an order recording the grounds for refusal of the representation;
  2. if opponent requests for a hearing, the Controller shall, after giving the opponent an opportunity of being heard, pass an order within one month from the date of hearing, recording his reasons for refusal or prima facie acceptance of the representation and the applicant shall be notified accordingly.    

b. A prima facie case is made out in the representation, the Controller shall, within one month of receiving the representation, pass an order recording his reasons and notify the applicant accordingly.

A. On receiving the notice under sub-rule (3), the applicant shall, if he so desires, file his statement and evidence, if any, in support of his application within two months from the date of the notice, with a copy to the opponent.

  • Official Fees for filing of pre-grant opposition and attending hearing u/s 62(2) introduced. Filing of pre-grant opposition: INR 4000 / INR 20000 Notice to attend hearing: INR 1500 / INR 7500 (small entity / large entity).

6. Certificate of Inventorship (New Rule 70A)

  • Certificate of inventorship. – (1) A certificate of inventorship may be issued to an inventor in respect of a patent in force, on a request made by the inventor in Form-8A along with prescribed fee specified in the First Schedule.
  • (2) The Controller may issue a duplicate certificate of inventorship to an inventor in respect of a patent in force on a request made by the inventor in Form-8A along with the fee specified in the First Schedule and such request shall contain a statement setting out the circumstances in which the original certificate of inventorship was lost, destroyed, damaged or cannot be produced.
  • Explanation – This rule aims to ensure that inventors are properly credited for their inventions. Under this provision, inventors can apply for a certificate of inventorship by submitting a request along with a fee of INR 900.

7. Renewal Fees

A ten percent reduction in renewal fees is applicable when fees are paid in advance for a period of at least four years through electronic mode.

8. Commercial Working Statement (Form-27)

To lessen the workload for applicants, they are now only required to submit such statements once every three years. Additionally, there is now the possibility of extending the deadline by filing Form-4.

9. Rule 137

  • (2) The provisions contained in sub-rule (1) shall be not be applicable for matters related to- (i) extension of time or condonation of delay under sub-rule (5) of rule 12; (ii) clause (i) of sub-rule (4) and sub-rule (6) of rule 20; (iii) rule 21; (iv) sub-rules (1), (5) and (6) of rule 24B; (v) sub-rules (10) and (11) of rule 24C; (vi) sub-rule (4) of Rule 55; (vii) sub-rule (1A) of rule 80; (viii) sub-rules (1) and (2) of rule 130; (ix) sub-rule(2) of rule 131.

10. Rule 138

  • “138. Power to extend time specified or condone delay: – Notwithstanding anything contained in these rules, the time specified for doing any act or taking any proceeding thereunder may be extended or any delay may be condoned by the Controller for a period of up to six months, upon a request made in Form 4, where such request is made before the expiry of the said period of six months:
  • (Provided that such request may be made any number of times within the specified period of six          months).
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