The Ministry of Commerce and Industry's Department for Promotion of Industry and Internal Trade has published the draft Patents (Amendment) Rules, 2019 proposing amendments to the Patent Rules, 2003.
According to Rules 20 and 21 of the Patent Rules, 2003, if the applicant of an international application for patent has added India as one of the designated countries for patent application but has not yet complied with the requirements of priority documents as mentioned in the PCT regulations, then such applicant is required to file them before the expiration of the time limit of 31 months from the priority date. The proposed amendment requires that in case these priority documents are not in English, a duly verified English translation of the same is to be filed by the applicant within 3 months from the date of invitation to file it by the Appropriate Office. The proposed amendment further states that if the applicant does not comply with the same, his claim of priority will be disregarded.
As per Section 146 of the Patents Act, 1970, every patentee/ licensee is required to submit to the Controller information regarding the extent to which its patented invention has been commercially worked in India. According to the Rule 131 of the Patent Rules, 2003, this information is to be submitted in the format prescribed in Form 27 for every year within 3 months at the end of such year. The amendment proposes to clarify that the information is to be furnished in respect of every calendar year from the year subsequent to the year of patent grant. The said Form 27 of Second Schedule of the Patent Rules, 2003 is also proposed to be amended.
Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan
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