Amendment in IP Law
Draft Patents (Amendment) Rules 2019
- The Patent (Amendment) Rules 2019 is addition to Patents (Amendment) Rules 2018.
- Sub rule (2) and (3) of the Rule 21 of the Patents Rule 2003 is substituted by which the Priority Document is required to be filed under Rule 51bis.1 (e) of the Regulation under the Treaty with an English translation (If priority documents is not in English language) duly verified by the applicant or the person duly authorized by him within 3 months from the date of invitation to file it by the Appropriate Office. If the Applicant does not comply with the requirements, the claim of the Applicant for the priority shall be disregarded.
- In Rule 131 of the Patents Rule 2003, sub rule (2) has been substituted by which, the statement regarding the working of the Patented Invention on a commercial scale in India has to be filed once in respect of every calendar year, starting from the calendar year commencing immediately after the calendar year in which the patent was granted, and shall be filed within 3 month from the expiry of each such calendar year (ie before 31st March of each such calendar year).
- New Form 27 has been substituted in place of old form. As per the amendment, approximate value (in INR) accrued in India to Patentee(s)/licensee has to be provided in following manner, (a) manufacturing in India and (b) importing in India. The value has to be provided separately for patented products (where subject matter of the patent is product) and products obtained directly by process (where subject matter of the patent is process).
- It has been further clarified that where value accrued from a particular patented invention cannot be derived separately from the value accrued from related patents and all such patents are granted to same patentee, then details of all patents and value accrued from all such patents shall be provided in Form 27.
- The information/reason for not working of Patents on commercial scale in India has been limited to 500 words.