New Indian Patent (Amendment) Rules 2016

The new Patent (Amendment) Rules, 2016 published by Ministry of Commerce and Industry, Government of India came into force with effect from May 16, 2016.

Some of the salient features of the New Rules are:

  1. Paperless work:

The Patent Agents are required to file application only online and physical filing of patent application is dispensed with except for a few documents like Power of Attorney, Deed Assignment etc as in Public_Notice_18th May 2016 released by the Patent Office. (Click here for more details)

  1. Expedited Examination:

A new rule 24C has been inserted to provide for expedited examination of applications.  An applicant can file a request for expedited examination through Form 18A  by paying the fee specified in the first schedule only by electronic transmission after due authentication within 48 months from the date of priority on any one of the following grounds:

  • That India has been indicated as the competent ISA or IPEA in the corresponding International Application;
  • That applicant is a startup.
  1. Video-conferencing of Hearings:

With the insertion of sub-rule (6) in Rule 28, hearings may now be held through video conferencing or audio- visual communication.

  1. New Forms
  • Form 18 A – Request for expedited examination of application for patent
  • Form 29 – Request for withdrawal of patent application
  • Form 30 – To be used when no other Form is prescribed

For further details of the New Rules, 2016 click here

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