Patents (Amendment) Rules 2024 Notified by Ministry of Commerce and Industry

The Department for Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, has notified the Patents (Amendment) Rules 2024 (“Patent Amendment Rules”), introducing significant changes in the Indian patent rules 2024 and related procedures. These amendments came into effect on March 15, 2024, upon publication in the official gazette.

Key Changes under the Patent Amendment Rules India

1. Revised Request for Examination (RFE) Timeline

The Request for Examination (RFE) timeline has been reduced from 48 months to 31 months. This shorter timeline applies only to patent applications filed on or after March 15, 2024. Applications filed prior to that date will continue under the 48-month rule.

2. Filing of Divisional Patent Application in India

Patent applicants can now voluntarily file a divisional application under Section 16 of the Patents Act, 1970, based on an invention disclosed in a provisional, complete, or previously filed divisional specification.

3. Relaxation in Response to First Examination Report (FER)

Previously, extension requests for replying to a First Examination Report (FER) had to be made within six months. Under the new patent regulations 2024, the request may now be filed anytime within the extended nine-month period from issuance of the FER.

4. Changes in Patent Working Statement (Form 27) Requirements

Patent holders are now required to file the patent working statement (Form 27) once every three years instead of annually. The revised form eliminates the need to disclose revenue details but requires indicating whether the patent is available for licensing.

5. Filing Form 3 for Corresponding Foreign Patent Applications

Under Section 8(1) of the Patents Act, 1970, the requirement to submit details of corresponding foreign patent applications has been simplified. Applicants must now file Form 3 only twice — once at filing (or within six months) and again within three months of the FER issuance.

6. Form 31 and Grace Period for Patent Filing

A grace period of 12 months is introduced through Form 31 for patents anticipated by public display. Applicants must submit documentary evidence when applying for this extension under the Patents (Amendment) Rules 2024.

7. Extension of Time and Condonation of Delay under Rule 138

The Controller General (CG) can now grant extensions or condone delays up to six months upon request made using Form 4, as per amended Rule 138 of the Patents Rules.

8. Pre-grant and Post-grant Opposition Rules in India

For pre-grant oppositions, the CG will assess whether a prima facie case exists before admitting it.
For post-grant oppositions, the opposition board must review applications within two months instead of three, ensuring faster resolution.

9. Certificate of Inventorship in India (Form 8A)

Inventors can now apply for a certificate of inventorship using Form 8A upon patent grant, acknowledging their contribution officially.

10. Amendments to Official Fees under the New Patent Regulations 2024

• Extension of Time (Rule 138): INR 50,000 per month for large entities; INR 10,000 per month for others.
• Patent of Addition: Fee reduced to 50% of that for regular applications.
• Renewal Discount: 10% discount on renewal fees when paid in advance via e-filing for at least four years.
• Post-grant Opposition: Increased to INR 40,000 for large entities and INR 10,000 for others.
• Inventor Mention Fee: Now waived for all applicants.
• Surrender of Patent: Official fee under Section 63 is also waived.

Effective Date and Source of the Patent Notification

The Patents (Amendment) Rules 2024 came into effect from March 15, 2024.

Source: Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade), Notification dated March 15, 2024. For full details, refer to the official gazette: Patent Amendment Rules 2024 Gazette Copy.