Patents (Amendment) Rules, 2024 notified by the Department For Promotion of Industry and Internal Trade (DPIIT)

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).

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.

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