The Patents (Amendment) Rules 2016, effective 16th May 2016, prescribe some major procedural changes in patent prosecution in India. The article looks at some salient changes proposed by the Rules:
- Address for service made mandatory
- Leaving and serving documents
- Refund of fees
- Inclusions in specifications
- Formalities pertaining to amendments
- International applications designating India
- Examination of applications
- Expedited examination of applications
- Hearings – timeframes and remote participations
- Oppositions
- Adjournment of hearings
- Certified copies
- Agency
- Power to extend time prescribed
- Fees for sequence listing
The firm’s engagement as a stakeholder in the patents process also sees some of its proposals being incorporated in the Rules:
- Refund of examination fees
- Permission to delete claims when entering national phase in India
- 6+3 months’ time to reply to the examination report
Authored by Nupur Maithani.
This article was published on Patents Rewind.