News detail

26
Nov
2019

DPIIT brings amendments in the Indian Patent rule by way of the Patents (Amendment) Rules.

The draft rules, namely, the Patent Amendment Rules, were published in the Gazette of India dated the 4th December, 2018. The new amendment rules have come into force from the date of their publication in the official Gazette that is on 17-9-2019. Now, therefore, in exercise of the powers conferred by section 159 of the Patents Act, 1970, the Central Government hereby makes the following rules further to amend the Patent Rules, 2019.

These rules may be called the Patents (Amendment) Rules, 2019. The key highlights are as follows:

A major change is introduced through the electronic submission of the relevant documents within it’s timeline. Only the electronic submission is enough until the Patent office requests for the physical form or the hard copy. Such hard copy is to be submitted within 15 days from the date of notification from the patent office, failing which the e-document will be deemed to have not been filed.

The provision of Expedited Examination, so far is applicable to, the applicants where India was indicated as the competent International Searching Authority(ISA) OR elected as an IPEA in the corresponding international application; or

Where the applicant is a start-up(Indian- non-Indian).

Now, by way of the amended rules, the said provision is applicable to the following:

Where the applicant is small entity

where the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female; or

where the applicant is a department of Government; or

where the applicant is a Government company (as defined in clause (45) of section 2 of the Companies Act,2013

where the applicant is an institution wholly or substantially financed by the Government

where the application pertains to a section which is notified by the Central Government on the basis of a request from the head of the department of the Central Government

(provided that public comments are invited before any such notifications);

Where the applicants is eligible under an “arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a foreign Patent Office.



Fees:

Form 28 is mandatory if the applicant is claiming a of a ‘startup’

No transmittal fees for e-pct filing

No fee for preparation of certified copy of priority document and e-transmission through WIPO DAS.

Documents to be mandatorily submitted as evidence of eligibility for availing expedited examination on the grounds mentioned herein:

a. That India has been indicated as the competent International Searching Authority in the corresponding international application: -Relevant ISA number issued by ISA, India.

b. That India has been elected as an International Preliminary Examining Authority in the corresponding international application: -Relevant IPEA number issued by IPEA, India.

c. That the applicant is a startup:



A.For an Indian applicant: The certificate of recognition as a startup from Department for Promotion of Industry and Internal Trade.

B.In case of a foreign entity: Any document as evidence of eligibility.

c. that the applicant is a small entity:

A. For an Indian applicant: Evidence of registration under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006).

B. In case of a foreign entity: Any document as evidence of eligibility.



d. that the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then applicant or at least one of the applicants is a female: A.In case of Indian applicant: Photo identity card of female applicant issued by competent authority as evidence of eligibility.

B.In case of a foreign applicant: Photo identity card of female applicant issued by competent authority as evidence of eligibility.



e. Where the applicant is a department of the Government: A.In case of Indian applicant: Any document as evidence of eligibility. B.In case of a foreign applicant: Any document as evidence of eligibility.



f. that the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government:

A.In case of Indian applicant: Any document as evidence of eligibility.

B.In case of a foreign applicant: Any document as evidence of eligibility.



g. that the applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013):

A.In case of Indian applicant: Any document as evidence of eligibility.

B.In case of a foreign applicant: Any document as evidence of eligibility.







h. that the applicant is an institution wholly or substantially financed by the Government: A.In case of Indian applicant: Any document as evidence of eligibility.

B.In case of a foreign applicant: Any document as evidence of eligibility.

i. that the application pertains to a sector which has been notified by the Central Government, on the basis of a request from the head of a department of the Central Government: Notification from the Central Government and documents as maybe required by the Controller.



j. that the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a foreign Patent Office: Declarations and documents as maybe required by the Controller.”

More news

11
Jan
2020

Indian pharma gaint wins aga...

In a fight over intellectual property rights with an Indian pharmaceutical company, an American ...

09
Jan
2020

A2B alleges trademark breach...

A Chennai based sweets and savouries major “Adyar Ananda Bhavan”(the Plaintiff) has moved th...

09
Dec
2019

Yet another breakthrough in ...

The Government has proposed robust plans in all the eight areas of Intellectual Property Rights,...

01
Dec
2019

Apple wins over Conversant i...

In a recent ruling by the English High court, Conversant's patent claiming early smartphone capa...

22
Oct
2019

Nexgen app-L2Pro successfull...

Another great initiative in the field of digital platform is experienced with the launching of e...

16
Sep
2019

A mega boost to IP and Innov...

Indian economy is fundamentally based upon it’s Intellectual Property environment. India is wi...

05
Sep
2019

3 stripes Design branding is...

Well-known retail chain brand Adidas has filed opposition against the trademark application file...

05
Sep
2019

Titan files infringement sui...

The Delhi High court has asked Snapdeal to remove fake product listings on its website in respon...

08
Aug
2019

Madras High court grants per...

Upon filing an infringement suit for the misuse of their trademark ‘IDHAYAM’, the plaintiff ...

21
Jul
2019

Stringent test are required...

Sun Pharma Laboratories Ltd filed a suit of trademark infringement and passing off for it’s ma...

01
Jul
2019

CCD to raise it’s valuatio...

Major coffee retail chain Café Coffee Day(CCD) is seeking a valuation between 8 to 10 crores fr...

21
Jun
2019

Extreme draconian law and fo...

Stringent laws and collaborative enforcement are key to protect and enhance IPR in India, said f...

19
Jun
2019

Trademark: Setback for Ajant...

In a case of dispute between Sun Pharma Laboratories Ltd.(Plaintiff) and Ajanta Pharma ltd.(Defe...

19
Jun
2019

Kolhapuri gets the GI tag!!...

Like other Intellectual Property Rights, Geographical Indication(GI) also provides crucial righ...

06
Jun
2019

special rights under Copyrig...

During a recent Delhi High Court judgement, the "author's special rights" in the Indian Copyrigh...

27
Apr
2019

Various IP concerns looming ...

Among many countries, India has been on the "priority watch list" of US Trade Representatives al...

27
Apr
2019

PepsiCo offers to settle its...

American multinational had filed a suit against four farmers of Gujarat against misuse of their ...

26
Apr
2019

Copyright- Judicious Imitati...

Every year this day of 26th of April is celebrated as "World Intellectual Property Day" and ou...

25
Apr
2019

Agressive Measures By Compan...

A recent spurge has been seen in increase in the number of suits being filed by companies agains...

24
Apr
2019

Firm fined for dealing in sp...

Bombay High Court has imposed a fine of Rs. 5 crore upon a firm for selling specious carbon pipe...

23
Apr
2019

Just Dial Restrained From Us...

In a recent significant judgement by the Delhi High Court regarding the non-exclusive agreemen...

22
Apr
2019

HUL V/S Emami- A Case Of Gen...

The Indian cosmetics industry has experienced a major shift in the changing gender roles and the...

21
Apr
2019

Copyright is not a substitut...

Copyright of art work is not a substitute of trademark-Delhi High Court judgement. During ...

23
Jan
2019

European Union split over th...

Many delays being happening in the context of UK delaying Brexit and EU government is non-comm...

23
Jan
2019

Finally, comes Niti Aayog to...

The government on Monday constituted a standing committee headed by Niti Aayog to oversee drug p...

11
Nov
2018

Sony Corporation (Plaintiff)...

The present suit was filed by the plaintiff for permanent injunction restraining infringement of...

11
Nov
2018

Christian Louboutin Sas(Plai...

Plaintiff claims to be a manufacturer of luxury shoes. Plaintiff claims that their name, likenes...

22
Oct
2018

Ranbaxy Laboratories Ltd. (T...

The plaintiff, a well known pharmaceutical company, manufactured anti-depressant by the name CAL...

22
Oct
2018

Royalty to singers for playi...

If everything goes by as planned by the Indian Performing Rights Society(IPRS), organisers playi...

30
Jul
2018

Gillette Company LLC vs. Tig...

Psychological interpretation versus the traditional approach of phonetic and visual similarity...

30
Jul
2018

India accedes to the WIPO Co...

The Union cabinet has approved to the accession of WIPO Copyright (WCT) and WIPO Performance and...

30
Jul
2018

UK to convert EU trademarks ...

In a significant move by the UK Government, it will convert all the existing EU trademarks and d...

11
Apr
2018

Hard Hitting ---- Stringent ...

The current event tumbling up in terms of threat to the countries assets is an alarming one....

24
Feb
2018

Licensing of IP…. a smart ...

Significance of IP as a use by third party is gaining more prominence in the era of internet, in...

20
Feb
2018

Springing of Invention……...

Inventions have spearheaded development in any economy. Any inventions whether in the field of ...

15
Feb
2018

Indian IPR is attracting the...

A mega boost for India's ranking in the US chamber Intellectual Property index: A significan...

03
Feb
2018

Mergers- henceforth cannot b...

The recent budget has stopped the games played by the corporate who are into money laundering an...

03
Feb
2018

Government focuses on ease h...

The Department of Industrial Policy and Promotion, through Centre for promotion of IPR and M...

26
Jan
2018

Grumpy cat wins $710,000 in ...

A feline who became an internet meme has won $710,000 in court recently. It was a battle under t...

25
Jan
2018

McDonald's joint venture com...

McDonald’s move to terminate the franchise agreement with Connaught Plaza Resturants Pvt.Ltd. ...

30
Nov
-0001

Just Dial Restrained From Us...

In a recent significant judgement by the Delhi High Court regarding the non-exclusive agreemen...

30
Nov
-0001

Delhi High Court hits hard a...

Delhi High Court instructed Internet Service Providers (ISPs) to block user access to the URLs o...

30
Nov
-0001

Delhi High Court hits hard...

Delhi High Court instructed Internet Service Providers (ISPs) to block user access to the URLs o...