The Ministry of Commerce and Industry has published Draft
Patents (Amendment) Rules, 2015. Some of the salient features of
the Draft amendments Rules are summarised below:
The timeline in relation to placing
the application in order for grant, which is currently 12-months,
has been reduced to 4-months. While the period is extendible by a
maximum of 2-months upon payment of extension fee.
For the first time, the rules provide
for expediting examination of applications. This amendment is in
line with the Government's undertaking as part of the
newly-implemented "Made in India" campaign. An Applicant
wishing to expedite issuance of a First Examination Report on his
application can now file a request with an enhanced fee (Rs.
2,50,000). In addition to paying the enhanced fee, the Applicant
has to provide some undertaking in relation to manufacturing of
products covered by the Patent in India.
As an attempt to reduce the
applications pending for examination a provision to withdraw an
already filed "request for examination" has been
provided. In case an application is still pending for examination
and an applicant has lost interest in prosecuting the same, he can
now file a request for withdrawal and receive a fee refund.
The Controller have been set a period
of two years to dispose of examination applications that have been
filed before the commencement of the Draft Rules. In case a hearing
is held, the Controller have been provided a time of one month to
determine the grant of patent based on representations made by an
applicant against the objections relating to the patent
Especially in relation to biological
inventions needing deposition, reference to the deposit shall be
made in the specification within three months from the date of
filing of the application. Also, in respect of a specification
which is accompanied with sequence listing, an upper fee limit as
payable in respect of the pages of the sequence listing has been
Apart from the above, the draft Rules proposes various other
amendments, details of which are available on
The Ministry has invited comments from public and has provided a
period of 1-month (expiring on November 26, 2015) for the same.
After receiving the comments from the public, the Ministry may
amend the draft rules (to address any concerns of the stakeholders)
and notify the final version thereafter. Thus, during the year
2016, the Patents (Amendment) Rules, 2015 can be expected to come
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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