01-04-2024 | 18:39 PM
Recently, the Patent Rules, 2024 has been officially notified by the Ministry of Commerce and Industry.
Key Highlights
The primary objective is to simplify the procedure of obtaining and managing patents to facilitate a conducive environment for inventors and creators.
Major Key Changes Introduced:
(i) Reduced timeline for filing a Request for Examination (RFE): The timeline for filing the Request for Examination (RFE) is now reduced from 48 months to 31 months from the priority date.
(ii) Introduction of ‘Certificate of Inventorship: A certificate of inventorship has been introduced to acknowledge the inventor’s contribution to patented inventions.
(iii) Incorporation of Form 31: The provision for accessing Grace period benefits under Section 31 is simplified through the introduction of new forms.
(iv) Reduction in Renewal Fees: Renewal fee has been reduced by 10% if paid in advance through electronic mode for at least 4 years.
(v) Reduced Frequency of filing patents: Patent statements in Form 27 are now mandated every three fiscal years instead of annually. Also, a provision allowing a three-month delay in filing upon submission has been added.
What is a Patent?
A patent is a type of intellectual property that provides its owner the legal ownership to exclude others from creating, using, or selling an invention for a limited period in exchange for publishing an enabling disclosure of the invention.
