Ministry of Commerce and Industry notifies Draft Rules to Amend Patents Rules, 2003 [Read Notification]
Ministry of Commerce and Industry – amend – patent rules – taxnews
Ministry of Commerce and Industry – amend – patent rules – taxnews
The Department for Promotion of Industry and Internal Trade (DPIIT) under Ministry of Commerce and Industry, vide notification no. G.S.R. 619(E) issued on 24th August 2023 has notified the draft rules to amend Patents Rules 2023. The draft rules may be called as “The Draft Patents (Amendment), Rules, 2023”.
The objections or suggestions regarding the same shall be intimated to the concerned authorities within 30 days from the publication of the draft in the gazette. The suggestions sent before the mentioned days will be considered by the Central Government.
In the Patents Rules, 2003, (principal rules) in Rule 12(2), the the time within which the applicant for a patent shall keep the Controller informed of the details in respect of other applications filed in any country in the undertaking to be given by him under clause (b) of sub-section (1) of section 8 shall be six months from the date of such filing. However, in the new draft, it has been proposed to reduce it to ‘2 months’.
After Rule 13(2), a new sub- rule 2A is proposed to insert. As per newly proposed Sub-Rule, ‘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.’
Further, after Rule 29, a new Rule 29A is also proposed. The new rules proposed that an application shall be filed in Form 31 under Section 31 to avail the grace period. The new draft also suggested changes in Table 1 of First Schedule, Second Schedule and Fourth schedule. The new draft also made substitutions to Form 1, Form 2, Form 3, Form 4, Form 27 and Form 31.
The Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, NewDelhi- 110001 or by e-mail at bikram.87@nic.in and ipr-patents@gov.in.
To Read the full text of the Order CLICK HERE
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