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Issue 27 Oct 2019

In order to boost the economy in India, the government has recently made amendments to the Patent Rules. The rules are placed for the patents filed by small entities, women and government authorities along with encouraging Indian Applicants to file International Patent applications.

While the provision of the “Expedited Examination” were introduced with the changes in Patent Rules in 2016, in 2019, Patent Amendment Rules broadened the acceptability criteria of the applicants to prefer Expedited Examination.

The change made in Patent Rules mainly concentrate on fast-tracking the patent applications through expedited examinations of patent applications filed by:

  1. that the applicant is a start-up; or
  2. that the applicant is a small entity; or
  3. that if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female; or
  4. that the applicant is a department of the Government; or
  5. that the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government; or
  6. that the applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)
  7. that the applicant is an institution wholly or substantially financed by the Government;

Other amendments in the Patent Rules encourage the Indian applicants for the purpose of filing more applications. In that regard, there are alterations as to the International filing of the applications through e- PCT.  

Through the change in the “THE FIRST SCHEDULE”, the amendment precludes the fees that were applicable as transmittal fees for International Application and the fees applicable for preparing certified copies of priority Document and e- transmission through WIPO DAS.

For further information with regards to the changes in Patent Rules please see, http://www.ipindia.nic.in/writereaddata/Portal/News/569_1_The_Patent_Amendment_Rules_2019_.pdf

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