Amendment of Patent Rule 2018. The amendment is

1. Patent Amendment Rule
2018
Date: 14 Dec 2018

2. Patent amendment rule 2016
 Section 153- Power of central government to make rules
 Startup- Rule (fb)- Startup means an entity, where-
 (i) more than five years have not lapsed from the date of its incorporation or registration;
 (ii) the turnover for any of the financial years, out of the aforementioned five years, did not exceed
rupees twenty- five crores; and
 (iii) working towards innovation, development, deployment or commercialisation of new
products, processes
 Expedited examination form 18A- Rule 24C inserted
 Form 30
 Rule 6 (1A)
 All the documents should be submitted only by electronic means
 And all the documents should be submitted to patent office within 15 days.

3. Patent Amendment rule 2017
 Patent Amendment rule 2017
 2(fb)“Startup” means
(a) an entity in India recognised as a startup by the competent authority under Startup
India initiative.
(b) In case of a foreign entity, an entity fulfilling the criteria for turnover and period
of incorporation/registration as per Startup India Initiative and submitting
declaration to that effect. Explanation: In calculating the turnover, reference rates of
foreign currency of Reserve. Bank of India shall prevail.

4. Patents Amendment Rules 2018
 These rules may be called the Patents (Amendment) Rules, 2018.
 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 that is 10th January 2019.
 International filing- Rule 18 (Insert the following details after sub rule 2 of rule 18)
 All the required documents should be submitted only by electronic transmission duly
authenticated
 Original documents shall be submitted to the patent office within a period of 15 days.

5.  Expedited Examination of application- Rule 24C (insert the following points under
sub-rule 1 of rule 24C, under clause (b))
 (b) the applicant is a start-up; or
 (c) the applicant is a small entity; or
 (d) And in case of natural persons only, the applicant or at least one of the applicants
is a female; or
 (e) the applicant is a government undertaking
 (f) the applicant is eligible under an arrangement for processing an international application
pursuant to an agreement between Indian Patent Office with another participating patent
office.
 Explanation: The patentability of patent applications filed under clause (f) above will
be in accordance with the relevant provisions of the Act.”

6.  Rule 24-C, sub-rule (4) of the principle rule- The following proviso shall be inserted:
 Provided that if such requirements are met before issuance of FER, the application shall
be processed for expedited examination in accordance with the provisions of rule 24-C.
 Rule 55- Opposition to the patent- after sub-rule (2), the following sub-rule shall be
inserted, namely:-
 “(2A) The Controller shall constitute a bench comprising two members, who shall
proceed to dispose of the application and the representation jointly:
Provided that if the members of the bench differ in opinion on any issue, the
Controller shall nominate a third member to the bench and subsequently the majority
decision will be treated as final.”
 Rule 55 of the principal rules, in sub-rules (3) and (5),
 the word “Controller”, shall be substituted by the word “bench”.

7. The First Schedule (Fee)
(a) After entry number 48, the following entry shall be inserted, namely:-
(b) After entry number 49, the following entry shall be inserted, namely:-

8. The Second Schedule (Forms)
In Form 18A, for para 3, the following shall be substituted, namely:-
Note:- In the Note portion of Form 18A, the following shall be added, namely: “Form 28 is to be mandatorily
submitted if applicant avails expedited examination under any of the clauses (b) to (f) of sub-rule (1) of rule 24C”.

9. Section 2(h)
 Sec 2(h) "Government undertaking" means any industrial undertaking carried on—
 (i) by a department of the Government, or
 (ii) by a corporation established by a Central, which is owned or controlled by the
Government, or
 (iii) by a Government company as defined in section 617 of the Companies Act, 1956
(1 of 1956), or
 (iv) by an institution wholly or substantially financed by the Government

10. Form 28- TO BE SUBMITTED BY AN APPLICANT AVAILING EXPEDITED EXAMINATION
1. Name address and
nationality
I/We ....................................................... applicant/ patentee in respect of the patent application no. ...................or patent
no..................... hereby declare that I/we am/are a small entity or a startup or a Government undertaking or that in case of
natural persons only, the applicant or at least one of the applicants is a female; or that the applicant is eligible
under an arrangement for processing an international application pursuant to an agreement between Indian
Patent Office with another participating patent office and submit the following document(s) as proof:
2 Documents to be submitted as evidence of eligibility:
(ii) A. For an Indian applicant: The certificate of recognition from Department of Industrial Policy and Promotion
B. In case of a foreign entity: Any document as evidence of eligibility
(iii) (Added) For claiming the status of a Government undertaking:
A. In case of Indian applicant: Any document as evidence of eligibility
B. In case of a foreign applicant: Any document as evidence of eligibility.
(iv) (Added) For claiming expedited examination in case of natural persons, the applicant or at least one of the applicants is a female:
A. In case of Indian applicant: Photo identity card issued by competent authority as evidence of eligibility.
B. In case of a foreign applicant: Photo identity card issued by competent authority as evidence of eligibility.
(v) (Added) For claiming expedited examination an applicant is eligible under an arrangement for processing an international
application pursuant to an agreement between Indian Patent Office with another participating patent office as
evidence of eligibility:

11.   Thankyou  