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India: Patents (Amendment) Rules 2018 published for comments

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On 4 December 2018, the Department of Industrial Policy and Promotion (DIPP) of the Ministry of Commerce and Industry published Draft Patent (Amendment) Rules, 2018 for stakeholders’ comments, objections and suggestions which can be submitted thirty days from the publication date to DIPP by e-mail at sushil.satpute@nic.in.

The most important changes proposed by the new Patent (Amendment) Rules are the following:

  • For international applications, agents will be allowed to submit all documents only via electronic submission. There will be no transmittal fee for international applications filed through e-PCT. Furthermore, the preparation of certified copies of priority documents and e-transmission through WIPO DAS will be free-of-charge.
  • The group of applicants eligible to file a request for expedited examination has been extended to contain now female applicants, applicants eligible for PPH programmes participation, small entities and government undertakings acting as applicants.
  • According the Patents (Amendment) Rules, 2018, pre-grant opposition will be decided by a bench comprising of two members. In case of different opinions on the issue, a third member will be assigned to the bench to arrive to a final decision of the majority.

The official publication the Patents (Amendment) Rules, 2018 in Hindi and English languages can be consulted here.

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