1. The Intellectual Property Rights like Patents,
Trademarks, Copyrights etc. are protected under
various National Laws of India. With the formation of
WTO and India becoming a party to TRIPS agreement,
Indian Government is committed to amend various
national laws to make it conformity with International
Commitments. The Intellectual Property Rights in India
can be protected under various laws:
2. Salient Features of Patents
(Amendment) Rules 2006,
These amendments of rules have been notified on
May 5, 2006 and will be applicable from May 5,
2006.
Now the request for examination can be made
within 48 months from priority date or from date
of filing in India ( in case of domestic application )
or from the international filing date, which ever is
earlier etc. (It was 36 months earlier)
3. Following are some for Salient Features of the proposed draft rules:
1) 7(2a) The fee may be paid through electronic means
2) 7(2c) Where a fee is payable in respect of a document, the entire fee
accompany the document. ( earlier there was a provision that the said
fee can be paid within one month)
3) Rule 10: The proof of the right to apply for the patent for invention
can be furnished within six months from the date of application (
Earlier it was three months)
4) 12(1A) The information about name of other countries in which
Patent application for same or substantially invention filed or
objections received (under Section 8) can be furnished within six
months (earlier it was three months)
5) Rule 24: On request for early publication of application, the
Controller shall ordinarily publish application within one month.
4. 6) Rule 24 B: Request for examination can be made within
forty eight months from the date of priority or from date of
application (international filing date), whichever is earlier
(It was earlier thirty six months)
7) Rule 24 B: In case of application filed before 1/1/2005,
under Section 5(2) {called Black Box or WTO applications},
the request for examination can be made within forty eight
months from date of priority, if applicable, or 48 months
from the date of filing application in India (international
filing date) or before January 1, 2006, whichever is later. (It
was earlier thirty six months)
5. 8) Rule 24 B: The period for making request for examination
u/s 11B, of application filed before 1/1/2005 shall be the
period specified under the Section 11B before the
commencement of the Patents (Amendment) Act 2005 or
the period specified under these rules whichever expires
later.
9) Rule 24 B: The first examination report shall be sent to
applicant or his authorized agent ordinarily within six
months from the date of filing request for examination.
10) The time for putting application in order shall be twelve
months from issue of First Examination Report (It was
earlier six months). The provision for monthly extension
upto maximum three months has been omitted, in new
rules)
6. 11) The permission u/s 39 to Indian residents, for early filing
of Patent application outside India, (i.e within six weeks of
filing in India) will be disposed by The Controller within 21
days, if the invention does not relate to defense or atomic
energy applications.
12) There is no reduction in official filing fees
