Recent amendments in the Patents Rules, 2003

Recent amendments in the Patents Rules, 2003

The Government of India, while exercise the powers conferred under Section 159 of the Patents Act, 1970, has amended the Patents Rules, 2003, which would be called the Patents (Amendment) Rules, 2020

The amendments are particularly related to compliance for:

a) Statement of Commercial Working of Patented Invention in India on FORM 27;

b) Submission of Priority Document(s). 

1. Statement of Commercial Working 

  • The necessary details on FORM 27 are required to be furnished with respect to each financial year, instead of the calendar year, commencing immediately after the financial year in which the patent has been granted. 
  • The amended time limit for the submission is 30th September, which was 31st March earlier. 
  • Details of multiple patents can be incorporated in one FORM, wherein the approximate revenue/value accrued from a particular patented invention cannot be derived separately from the approximate revenue/value accrued from related patents, and all such patents are granted to the same patentee(s).  
  • The requirements related to providing declaration if the public requirement has been met at a reasonable price with respect to the patented invention have been obviated from the FORM 27. 

 2. Submission of Priority Document

  • The priority document must be submitted before the expiry of 31 months from the earliest priority date along with verified translation (if necessary), in case the same has not been submitted during the PCT International Phase. However, if the applicant fails to comply with the said requirement, the Controller may invite the application for submission of the priority document(s), which is required to be furnished within three months from the date of such invitation, otherwise, priority claim will be disregarded. 

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