Patents (Amendment) Rules, 2024

The Patents (Amendment) Rules, 2024, introduced several key changes aimed at streamlining the patent application process and enhancing inventor recognition in India. Here's a breakdown of the significant amendments:

Reduced Timeline for Request for Examination (RFE)

• The timeline for filing a Request for Examination (RFE) has been reduced from 48 months to 31 months from the priority date.
• This reduction aims to accelerate the patent examination process, allowing applicants to receive examination reports in a timelier manner.

Simplified Submission of Form 3

• Applicants can now file a single updated Form 3 after receiving the First Examination Report (FER), simplifying the documentation process.
• The Patent office issues an examination report to the applicant, commonly known as FER, outlining any objections or deficiencies in the patent application.

Introduction of ‘Certificate of Inventorship’

• A new provision has been introduced to recognize inventors' contributions to patented inventions.
• This provision addresses the lack of identification of inventors on Indian patent certificates, allowing inventors to be appropriately credited for their inventions.

Frequency of Filing Statements

• The frequency of filing working patents has been reduced from once in a financial year to once in every three financial years.
• This change aims to reduce administrative burdens on patent holders while still ensuring compliance with working patent requirements.

Amendments in Pre-grant and Post-grant Opposition Procedures

• Adjustments have been made to the time frame for submission of recommendations by an Opposition Board and response time for applicants.
• These amendments aim to streamline the opposition procedures, ensuring a more efficient and effective process for both applicants and opponents.

Introduction of Divisional Application

• A divisional application can now be filed in respect of an invention disclosed in the provisional or complete application or a further divisional application.
• This amendment aligns with a recent decision of the Delhi High Court in Syngenta Limited v. Controller of Patents and Designs Case, 2023, clarifying the eligibility of divisional applications based on the disclosure of inventions in parent applications.
• Overall, these amendments represent a significant step forward in enhancing the efficiency, transparency, and fairness of the Indian patent system, while also providing greater recognition to inventors for their contributions.