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ARTICLE · 29 OCTOBER 2020

Revised Patent Rules in India effective from 19 October, 2020

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India has issued a notification that the Patents (Amendment) Rules, 2020, was released and enforced on 19 October, 2020.

IndiaIntellectual Property
Shermaine Shimei Wee
Shermaine Shimei Wee
Maik Brinkmann
Maik Brinkmann
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The India Ministry of Commerce and Industry has issued a notification that the Patents (Amendment) Rules, 2020, was released and enforced on 19 October, 2020.

In summary, the key amendments have an impact on the requirements for filing priority documents and its verified English translation, as well as the timeline and content required when submitting the Statement of Working for a granted patent in India:

  1. The requirements for submitting priority document(s) has been amended to broaden the exception to include situations under Rule 17.1(b-bis) of the PCT Regulations, wherein the applicant asks the Receiving Office to obtain the priority document from a digital library. Furthermore, submission of an English translation is only required when the validity of the priority claim is relevant to determination of patentability or when errors in the international filing date have been corrected (Rules 51bis.1(e)(i) and (ii) of the PCT Regulation).

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