Update: Patent (Amendment) Rules, 2020
Blog: NASSCOM Official Blog
The Department for Promotion of Industry and Internal Trade (DPIIT) vide notification No. G.S.R. 652(E) dated 19.10.2020 has published the Patent (Amendment) Rules, 2020 (“The Rules”). The Government had last year published the draft Patent (Rules) 2o19 for stakeholder consultation and feedback (details here). NASSCOM based on the industry feedback, also suggested several recommendations to the Government and we are pleased to note some of our key recommendations made towards simplifying the form 27 towards ease of doing business have been accepted.
The key amendments that have now been introduced are related to the working Statement regarding the working of Patented Invention in India as required under Form 27 and changes to the provisions of filing of Priority documents under Rule 21 of the Rules.
As per the Rules, the Statement regarding working of Patents under Rule 131 (1) which was earlier required within three months from the calendar year commencing immediately after the calendar year in which the patent was granted, have now been changed to within six months from the expiry of financial year commencing immediately after the financial year in which the patent was granted.
The Rules also allow patentee to file single form for multiple patents, provided all of them are related patents the approximate revenue / value accrued from a particular patented invention cannot be derived separately from the approximate revenue/value accrued from related patents, and all such patents are granted to the same patentee(s).
Further, if a Patent is granted to two or more persons, all such person can file the statement of working jointly. However, each licensee of a patent is also required to File Form 27 individually.
The Rules have come into the effect from 19.10.2020. A copy of the same is enclosed.
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