The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry has proposed draft of rules to amend the Patent Rules, 2003. Indian Patent Act, 1970 confers this power to the government as mentioned in its Section 159. The draft rules to amend the Patents Act, 1970 are published as required by the sub section (3) of Sec 159 for the information of all persons likely to be affected and the notice is published in the official gazette mentioning that the draft ruled will be taken into consideration post expiry of 30 days from the date of publication of gazette.
The objections/suggestions can be sent to the Director, DPIIT, Ministry of Commerce and Industry.
The amendments in the said rules have been mainly proposed with respect to the provisions related to submission of priority document, its English translation and submission of annual working report. The proposed rules aim to provide a better implementation of the existing rules and to provide clarity over the existing timelines.
The draft rules 2019 propose the following:
1. These rules may be called the Patents (Amendment) Rules, 2019.
2. In rule 21 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), for sub-rule (2) and (3), the following sub-rules shall be substituted, namely:-
“(2) Where priority document referred to in sub-rule (1) is required to be filed under Rule 51bis.1 (e) of Regulations under the Treaty, and if it is not in the English language, an English translation thereof duly verified by the applicant or the person duly authorized by him shall be filed within three months from the date of inviting to file it by the Appropriate Office.
“(3) Where the applicant does not comply with the requirements of sub-rule (1) or sub-rule (2), the claim of the applicant for the priority shall be disregarded for the purposes of the Act.
3. In rule 131 of the principal rules, for sub-rule (2), the following sub-rule shall be substituted, namely:-
“(2) The statements referred to in sub-rule (1) shall be furnished once in respect of every calendar year, starting from the calendar year commencing immediately after the calendar year in which the patent was granted, and shall be furnished within 3 months from the expiry of each such calendar year.”
4. In THE SECOND SCHEDULE of the principal rules, for Form 27, a new Form shall be substituted.