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

October 4, 2023

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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.

 


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20230922_Nasscom Feedback_Draft Patent Amendment Rules 2023.pdf

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