Department of Industry and Domestic Trade Promotion, Ministry of Commerce and Industry (DPIIT) It is the body responsible for administering intellectual property laws in India. 2023 years 8 month 22 day, DPIIT announced "2023 Annual patent (amend) bill" ( "bill" ) . the "bill" Proposed pair "2003 Patent Ordinance" revise, DPIIT Have already been due "bill" Seek input from stakeholders.

"bill" Some of the important changes proposed are as follows:

1．In the form 3 The obligation to state the relevant details of the application［The first 8 article (1) paragraph］: "bill" It is recommended that the applicant be relaxed after submitting the corresponding application 6 Current continuing obligation to provide details of the application within a month. Draft proposal, Details of all corresponding applications are only required in the first review report (FER) From the date of issuance 2 Offer within months 1 time. In addition, Indian patent, General Administration of Designs and Trademarks (CGPDTM) The Director may supervise the examination of the corresponding application on the basis of publicly available information, Applicants may also be required to submit detailed information, But the reasons must be recorded in writing.

2．It is recommended to file a divisional application based on the invention disclosed in the provisional application: "bill" stipulate, A division application may be made for an invention disclosed in the provisional specification, Therefore, the claims of the division application are not limited by the claims of the mother application.

3．Shorten submission of review requests (RFE) Time limit of: Proposals to be submitted RFE Date from the earliest priority date 48 The month is shortened to 31 month. This time limit applies only to applications submitted after the notice of the new Ordinance.

4．A separate application is required to take advantage of the grace period: "bill" Introduced the table 31, Be used on "1970 Patent Act" The first 31 The grace period stipulated in the article for filing the application, And specify the official fees for such applications as 8. 4 Lakh INr (about 1000 U. S. dollar) .

5．Proposed changes to the pre-authorization objection procedure:

－CGPDTM The Director must first determine the maintainability of pre-authorization objections, Only if it is deemed reasonable, CGPDTM The Secretary will inform the applicant. therefore, If it is found that the pre-authorization objection was imprudent, CGPDTM The director can dismiss it at his discretion.

－It is proposed that the time limit for the applicant to respond to the pre-authorization objection be changed from the date of notification 3 The month is shortened to 2 month.

－CGPDTM The chief usually has to be 3 A decision within months.

－The hearing procedure that currently applies to post-authorization objections will apply to pre-authorization objections.

－If the objection is found to be sustained before authorization, the CGPDTM The director must follow "Patent ordinance" The first 24C Article provides for expedited review procedures.

－The proposed official fee for a pre-grant objection will cover the cost of the patent application, Includes applicable forms 2, tabulation 9 Sum table 18 Cost of.

6．Shorten the time for submission of reports by the Committee on Objections: For post-authorization objections, The draft recommends that the Committee on Objections 2 Report within a month, Not the current one 3 month.

7．Increase the fee for post-authorization objections: The draft proposes to increase the official fee for post-authorization objections, The fee will be equal to the total cost of the patent application, Include table 2, tabulation 9 Sum table 18.

8．Pre-paid annual fees will be discounted: If the patentee prepays online 4 Year or 4 More than a year of patent maintenance fees, Official fees available 10%Discount of.

9．Relax job reporting requirements: It is currently required to submit a work report annually, Draft proposal per 3 Years only before submission 3 Last financial year's performance report 1 time. In addition, The draft also introduces a tolerance clause for late submission of returns. According to the table 27 (Work report format) Proposed changes to, The patentee and licensee need only state whether the patent is in operation. Modify as suggested, No additional information on the value or volume of implementation is required.

10．Relaxation of extension rules: The first 138 The proposed amendments to the article cover all extendable provisions, Maximum extension 6 month. This will include entering the national phase and RFE Extension of, If an extension is requested before the expiry of the prescribed period, Extendable up to 6 month. however, CGPDTM The discretion of the Director continues to apply to such requests.

11．Age of natural person: tabulation 1 The new format requires patent applications to provide detailed information about the age of a natural person.

"bill" The proposed changes are the result of lengthy discussions between stakeholders and the Government of India. DPIIT it "bill" The deadline for soliciting comments is 2023 years 9 month 22 day. (Be compiled from www. lexorbis. com)

TRANSLATORS: Rason group　proofread: Wang Dan



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