Patents

The Intellectual Property Rights like Patents, Trademarks, Copyrights etc. are protected under various National Laws of India. With the formation of WTO and India becoming a party to TRIPS agreement, Indian Government is committed to amend various national laws to make it conformity with International Commitments. The Intellectual Property Rights in India can be protected under various laws:

Salient Features of Patents (Amendment) Rules 2006,

These amendments of rules have been notified on May 5, 2006 and will be applicable from May 5, 2006.

Now the request for examination can be made within 48 months from priority date or from date of filing in India ( in case of domestic application ) or from the international filing date, which ever is earlier etc. (It was 36 months earlier)

Following are some for Salient Features of the proposed draft rules:

1) 7(2a) The fee may be paid through electronic means

2) 7(2c) Where a fee is payable in respect of a document, the entire fee accompany the document. ( earlier there was a provision that the said fee can be paid within one month)

3) Rule 10: The proof of the right to apply for the patent for invention can be furnished within six months from the date of application ( Earlier it was three months)

4) 12(1A) The information about name of other countries in which Patent application for same or substantially invention filed or objections received (under Section 8) can be furnished within six months (earlier it was three months)

5) Rule 24: On request for early publication of application, the Controller shall ordinarily publish application within one month.

6) Rule 24 B: Request for examination can be made within forty eight months from the date of priority or from date of application (international filing date), whichever is earlier (It was earlier thirty six months)

7) Rule 24 B: In case of application filed before 1/1/2005, under Section 5(2) {called Black Box or WTO applications}, the request for examination can be made within forty eight months from date of priority, if applicable, or 48 months from the date of filing application in India (international filing date) or before January 1, 2006, whichever is later. (It was earlier thirty six months)

8) Rule 24 B: The period for making request for examination u/s 11B, of application filed before 1/1/2005 shall be the period specified under the Section 11B before the commencement of the Patents (Amendment) Act 2005 or the period specified under these rules whichever expires later.

9) Rule 24 B: The first examination report shall be sent to applicant or his authorized agent ordinarily within six months from the date of filing request for examination.

10) The time for putting application in order shall be twelve months from issue of First Examination Report (It was earlier six months). The provision for monthly extension upto maximum three months has been omitted, in new rules)

11) The permission u/s 39 to Indian residents, for early filing of Patent application outside India, (i.e within six weeks of filing in India) will be disposed by The Controller within 21 days, if the invention does not relate to defense or atomic energy applications.

12) There is no reduction in official filing fees

Thank you