Changes in Indian patent practice

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The Patents (Amendment) Rules, 2024 were published by the Ministry of Commerce and Industry on March 15, 2024, bringing significant changes to Indian patent procedures. Key highlights include shortened timelines for certain processes, flexibility in compliance requirements, and revisions to various forms. Notable amendments include:

  • Shortened timeline for filing a Request for Examination (RFE), reduced from 48 months to 31 months from the priority date.
  • Extension of time for filing responses to examination reports.
  • Changes in compliance timelines under Section 8 requirements (information on corresponding foreign applications).
  • Revision of timelines for submitting Working Statements to once every three years.
  • Clarity on divisional applications, allowing filing in respect of provisional or complete applications or a further divisional application.
  • Amendments in pre-grant opposition proceedings, including official fee and procedural changes.
  • Revisions in various forms, such as inclusion of additional categories and information.
  • Introduction of new forms for inventorship certificates and grace periods.

Additionally, changes were made to official fees, including adjustments for extension of time, patent of addition, renewal discounts, post-grant opposition, mentioning an inventor in the application, and surrendering a patent.

Should you have any questions, please do not hesitate to contact our experts Simo Hovi or Teemu Kiviniemi.

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