The Draft Patents (Amendment), Rules, 2023 – Notification
The Draft Patents (Amendment), Rules, 2023
G.S.R. 619(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central Government proposes to make in exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby published as required by sub-section (3) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public;
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, NewDelhi- 110001 or by e-mail at [email protected] and [email protected];
The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, will be considered by the Central Government.
DRAFT RULES
- (i) These rules may be called “The Draft Patents (Amendment), Rules, 2023”.
(ii) They shall come into force on the date of their publication in the Official Gazette. - In the Patents Rules, 2003, hereinafter referred to as the ‘principal rules’, in rule 12:
(i) in clause (2), for the words ‘six months from the date of such filing’, the words ‘two months from the date of issuance of first statement of objections’ shall be substituted;
(ii) for clause (3), the following clause shall be substituted, namely,-
“3. The Controller shall consider the information relating to processing of the application in a country outside India that is accessible using public databases.
4. The Controller may, under sub-section (2) of section 8, for reasons to be recorded in writing, direct the applicant to furnish a fresh statement and undertaking in Form 3 within two months from the date of such communication by the Controller.
5. Notwithstanding anything contained in the sub-rules (1), (2) or (3), the Controller may condone the delay in filing of Form 3 upon a request made in Form 4.” - After sub-rule (2) of rule 13 of the principal rules, the following shall be inserted, namely,-
“(2A) A patent applicant may, if he so desires, file a divisional application under section 16, including in respect of an invention disclosed in the provisional specification.”
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