India Eases Working Requirements Of Patents

On October 19, 2020, Patents (Amendment) Rules, 2020 came into force. These amendment were much awaited as they relate to a very notorious provision of the patent laws and there has been a long history of stakeholders lobbying to abolish this provision. More importantly, the draft rules in this respect were released almost 17 months ago and the stakeholders were expecting a relief for the year 2020. The amended rules have great significance as they provide huge relief to the stakeholders with many glitches being removed and creases being ironed out thereby easing the requirements to a great extent.

Working requirements or statements of commercial working before amended Rule:

The objective of granting a patent as perceived by the Indian Law is to encourage inventions and also to ensure that the industry is able to benefit out of the patent. In order to accomplish the latter, it is mandatory for a patentee or his licensee to work the patent in India.