The Patents (Amendment) Rules 2019. objections and suggestions invited

The Patents (Amendment) Rules 2019. objections and suggestions invited

MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)

NOTIFICATION

New Delhi, the 31st May, 2019

G.S.R.396(E).–The following draft rules to further amend the Patents Rules, 2003 which the Central Government proposes to make in exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby published as required by sub-section (3) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that 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, in which this notification is published, are made available to the public.

Objections or suggestions, if any, may be addressed to Shri Sushil K Satpute, Director, DPIIT, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi-110011 or by e-mail at sushil.satpute@nic.in.

The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, shall be considered by the Central Government.

DRAFT RULES

(1) These rules may be called the Patents (Amendment) Rules, 2019.

(2) In rule 21 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), for sub-rule (2) and (3), the following sub-rules shall be substituted, namely:-

“(2) Where priority document referred to in sub-rule (1) is required to be filed under Rule 51bis.1 (e) of Regulations under the Treaty, and if it is not in the English language, an English translation thereof duly verified by the applicant or the person duly authorized by him shall be filed within three months from the date of inviting to file it by the Appropriate Office.

“(3) Where the applicant does not comply with the requirements of sub-rule (1) or sub-rule (2), the claim of the applicant for the priority shall be disregarded for the purposes of the Act.

(3) In rule 131 of the principal rules, for sub-rule (2), the following sub-rule shall be substituted, namely:-

“(2) The statements referred to in sub-rule (1) shall be furnished 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 furnished within 3 months from the expiry of each such calendar year.”

(4) In THE SECOND SCHEDULE of the principal rules, for Form 27, the following Form shall be substituted, namely:-

“FORM 27
THE PATENTS ACT, 1970
(39 of 1970)
AND
THE PATENTS RULES, 2003
No Fee
STATEMENT REGARDING THE WORKING OF PATENTED INVENTION ON A
COMMERCIAL SCALE IN INDIA
[See section 146(2) and rule 131(1)]

[F. No. 09/26/2015-IPR-III]
RAJIV AGGARWAL, Jt. Secy.

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