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Posted 19 Mar 2024

2 min read

  • Rules have been brought in accordance with the Patents Act 1970 to amend Patents Rules, 2003. 
  • Rules aim at simplifying the process of obtaining and managing patents thereby fulfilling the Viksit Bharat Sankalp.

 

  • Key Provisions:-
    • Introduced New ‘Certificate of Inventorship’ to acknowledge the contribution of inventors in the patented invention.
    • Time limit for filing request for examination has been reduced from 48 months to 31 months.  
    • Renewal fee has been reduced by 10% if paid in advance through electronic mode for a period of at least 4 years.
    • Frequency to file the statements of working of patents has been reduced from once in a financial year to once in every three financial years.

 

  • Rules will support the other initiatives for promoting Patents, such as 
    • National Intellectual property rights (IPR) Policy 2016, it includes 
      • National Intellectual Property Awareness Mission (NIPAM)
      • Patent Facilitation Programme
      • Expand Knowledge Capacity & Skill Building through initiative like Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA).
    • Establishment of Centre of Excellence in Intellectual Property and Patent Analysis Management System (PAMS) by Ministry of Electronics and Information Technology (MeitY). 

 

About Patent

  • A statutory right granted by the respective governments. 
  • It gives the exclusive rights and bars others from making, using, selling and importing product or process, based on the patented invention without prior permission.
  • Time period: 20 years 
  • Criteria for patent:- Should be novel, must involve an inventive step, capable of industrial production etc.
  • India has ratified Patent Cooperation Treaty (PCT). 
  • Indian patent office has granted >1 lakh patents between Mar, 2023 to Mar, 2024.

 

  • Tags :
  • Patents (Amendment) Rules
  • Patent
  • simplifying patent regime
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