The Ministry of Commerce and Industry (MoC&I) on March 15, 2024, issued the Patents (Amendment) Rules, 2024, to further amend the Patents Rules, 2003.
The following amendments have been stated:
• In rule 12, which states “Statement and undertaking regarding foreign applications”:
o In sub-rule (2), for the words ‘six months from the date of such filing’, the words ‘three months from the date of issuance of the first statement of objections under sub-rule (3) of rule 24B or sub-rule (8) of rule 24C’ shall be substituted;
o For sub-rule (3), the following sub-rule shall be substituted, namely:
“3. The Controller may use accessible and available databases, for considering the information relating to applications filed in a country outside India.
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 2 months from the date of such communication by the Controller.
5. Notwithstanding anything contained in these rules, the Controller may condone the delay or extend the time for filing Form 3 for a period of up to 3 months upon a request made in Form 4.”.
This notification will come into force from March 15, 2024.
[Notification No G.S.R. 211(E)]
