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Friday, September 20, 2019

Patent Amendment Rules 2019

With effect from September 17, 2019, Patent Amendment Rules, 2019 have been notified.

The Rule 24 (C) has been amended to include 8 other types of categories (3 to 10 as mentioned below) where expedited examination would be available.

Now the expedited examination is possible for following cases:

  1. Where Indian is indicated as ISA or elected as IPEA in corresponding PCT Application
  2. If Applicant is start up
  3. If Applicant is small entity
  4. If Applicant/s is/are natural persons/ and at least one of them is female
  5. If Applicant is Govt Department
  6. If Applicant is an institution established by a Central, Provincial or state Act, and which is owned or controlled by the Govt.
  7. If Applicant is Govt company
  8. If Applicant is an institution wholly or substantially financed by the Govt.
  9. If invention pertains to a notified sector
  10. If there is an agreement with a foreign patent office and Applicant is eligible under such arrangement
There is no distinction between Indian or Foreign Applicant and the Rules are applicable to any foreign applicant too. The requisite documents have also been indicated where ever possible. Two categories (9 and 10) would not come into force immediately and appropriate notification would be issued from time to time for priority sector as policy need or agreements would be signed for reciprocal arrangements with foreign patent office to extend similar benefits to Indian Applicant. 

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