The Department for Promotion of Industry and Internal Trade (DPIIT) on August 23, 2023, issued the Draft Patents (Amendment) Rules, 2023 to further amend the Patents Rules, 2003.
The following has been stated namely: -
• Rule 12 which states “Statement and undertaking regarding foreign applications” clause (3) has been substituted namely: -
“3. The Controller shall consider the information relating to processing of the application in a country outside India that is accessible using public databases.
4. 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”
• Under Rule 13 which states “Specifications” the following sub-rule (2A) has been inserted namely: -
“A patent applicant may, if he so desires, file a divisional application under section 16, including in respect of an invention disclosed in the provisional specification”
• Rule 131 which states “Form and manner in which statements required under section 146(2) to be furnished” the sub-rule (2) has been substituted namely: -
“The statements referred to in sub-rule (1) shall be furnished once in respect of every period of three financial years, starting from the financial year commencing immediately after the financial year in which the patent was granted, and shall be furnished within six months from the expiry of each such period:
Provided that the Controller may condone the delay in filing of such a statement upon a request made in Form 4”
• The Table under the First Schedule has been substituted
• Form 1, Form 3, and Form 27 have been substituted
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion ofIndustry and Internal Trade, Ministry of Commerce and Industry, or by e-mail at [email protected] and [email protected] by 30 days from August 23, 2023.
[Notification No. G.S.R. 619(E)]
