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ARTICLE · 14 OCTOBER 2019

Patent rule amendments in India – Submission of formality documents on time made easy

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These additional requirements are meant to limit foreign applicants from requesting expedited patent examinations.

IndiaIntellectual Property
Maik Brinkmann
Maik Brinkmann
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The India Ministry of Commerce and Industry has issued a notification that the Patents (Amendment) Rules, 2019, is released and enforced on 17 September 2019.

In summary, the key amendments have an impact on the submission of formality documents at the time of filing, as well as the requirements for requesting expedited examination in India:

  1. Only electronic versions of originally executed documents need to be submitted to the India Patent Office within the stipulated deadlines. Only upon the request of an Examiner, the original executed documents need to be submitted within 15 days of such a request.
  2. In addition to the two (2) eligibility conditions (i.e. Applicant is a startup and India patent office is the ISA of the international application) for requesting expedited examination, the India Patent Office has now included a list of eight (8) new eligibility conditions for requesting expedited examination, including that the Applicant is a small entity. Details

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