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Patents (Amendment) Rules, 2024
March 23 , 2024
250 days
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- The Ministry of Commerce and Industry has, notified the Patents (Amendment) Rules, 2024 to amend the Patents Rules, 2003 (“Amended Rules”).
- The Amended Rules have already come into effect from the date of publication, i.e., March 15, 2024.
- The timeline for filing the RFE is now reduced from forty-eight (48) months to thirty-one (31) months from the priority date or application filing date, whichever is earlier.
- Any “updated” information regarding corresponding foreign applications must be submitted within three months after receiving the First Examination Report (FER).
- Under Rules 24B and 24C, the applicant could seek an extension of up to three months for filing the response to the examination report.
- Previously, Rule 138 (power to extend time prescribed) empowered the controller to condone delays, with a few exceptions, for a period of 1 month.
- The title of Rule 138 has now been changed to ’Power to extend the time specified or condone delay’.
- Previously, a statement of working had to be filed every year.
- Now, a working statement has to be submitted only once every three years.
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