Topics In Demand
Notification
New

No notification found.

Feedback on Draft Patent (Amendment) Rules, 2023
Feedback on Draft Patent (Amendment) Rules, 2023

October 4, 2023

88

0

Recently, DPIIT released the Draft Patent (Amendment) Rules 2023 (Draft Rules), to promote ease of doing business, like streamlining timeline and to remove unnecessary compliances. Specifically, nasscom’s feedback on Form 27 submitted to DPIIT earlier in July 2023, have been considered in the draft rules. We believe the proposed change would confer several benefits upon the industry in terms of reduction of disproportionate regulatory burden and sharing sensitive business information like, revenue earned from patent licenses.

The summary of our recommendations on the Draft Rules are as follows: 

  1. Rule 12(4): The Controller prior to seeking information from the applicant under Form 3 shall consider the information relating to the processing of the application in a country outside India that is accessible using existing databases.
  1. Rule 24(B) should retain the existing timeline of 48 months in filing a request for examination of patent application. The existing timeline would allow sufficient time to industry, especially, startups & MSMEs, to analyse the market before filing a request for examination.
  1. Rule 55(8) on opposition to the patent should be deleted because it introduces application of Rule 24C which only deals with enabling a procedure for seeking expediated process of examination and specifically exempts pre-grant opposition from its application.

For detailed recommendations, please see the attachment. Also, you can write to priyanshi@nasscom.in or sudipto@nasscom.in with a copy to policy@nasscom.in.

 


That the contents of third-party articles/blogs published here on the website, and the interpretation of all information in the article/blogs such as data, maps, numbers, opinions etc. displayed in the article/blogs and views or the opinions expressed within the content are solely of the author's; and do not reflect the opinions and beliefs of NASSCOM or its affiliates in any manner. NASSCOM does not take any liability w.r.t. content in any manner and will not be liable in any manner whatsoever for any kind of liability arising out of any act, error or omission. The contents of third-party article/blogs published, are provided solely as convenience; and the presence of these articles/blogs should not, under any circumstances, be considered as an endorsement of the contents by NASSCOM in any manner; and if you chose to access these articles/blogs , you do so at your own risk.


Download Attachment

20230922_Nasscom Feedback_Draft Patent Amendment Rules 2023.pdf

© Copyright nasscom. All Rights Reserved.