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Sunday, March 27, 2011

Proposed Patent (Amendment) Rules 2011 and mandatory E- Filing of Patent documents

In order to improve the efficiency and transparency in filing and processing of Patent Applications and to ensure accuracy of Patent data as well as related certificates provided by the Patent office, the Govt of India has proposed to make e-filing of Patent applications mandatory. The draft of proposed amendments i.e. Patent (Amendment) Rules 2011 have been published for inviting public opinion and is expected to be notified soon. Any objections and suggestions to same may be submitted to Ministry of Commerce. Government of India by April 1, 2011 (i.e. within 45 days of publication of notification as to proposed draft Rules).

The major proposed changed suggested under the draft Rules are as follows:

1. All Patent Documents must be filed electronically duly authenticated by Applicant or Agent.

2. Mandatory requirements as to filing of Patent documents with Patent office (except to drawings and affidavits):

(i) Typewritten or printed in Hindi or English (unless directed or allowed by Controller) in large and legible characters not less than 0.28 cm in height and 1.5 spacing in between lines
(ii) A-4 paper with margin of 4 cm on top and left side and 3 cm on right and bottom.
(iii) Numbered in consecutive Arabic numerals at centre of bottom of sheet;
(iv) The description of the invention and claims must be numbered every 5th line of each page of description and claims at right half of the left margin;
(v) Signature on Patent documents in language other than in English and Hindi to be accompanied by a transcription in English or Hindi capital letters;

3. Where the invention relates to a sequence listing of nucleotides and/ or amino acids sequences, the sequence listing must be filed in computer readable form (ASCII text file) and additional fee would be applicable for filing sequence listing (which is not applicable as of now)

4. Where online transmission of Patent documents cannot be initiated or could not be completed for whatever reasons, document can be handed over or send by post to Patent office so as to reach there within the stipulated time frame.

5. Where Patent Documents are amended, the amended as well as superseded patent documents shall be submitted electronically. Every new or amended document be marked at Header of documents as Amended and while resubmitting the Patent documents an undertaking must be submitted that unamended pages are the same as originally submitted earlier.

In case of Individual Applicant Government has proposed to provide assistance in E-filing to those for whom E-filing is not convenient and Controller has been vested with power of direct acceptance of their Patent documents in other forms and manner than explained above.

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