The Department for Promotion of Industry and Internal Trade (DPIIT) on 19th October 2020 notified the Patent (Amendment) Rules 2020.
The Key highlights of the Rules are:
- The statement of commercial working of a patented invention and every licensee will have to be filed by every patentee within 6 months.
- The prescribed form (Form 27) to file the statement regarding commercial working of a patented invention has also been amended whereby one form can be submitted for related patents with the following information:
- In case the patented invention has been worked, approximate revenue / value (instead of quantum and value) accrued in India to the patentee through manufacturing and/or importing along with a brief write-up on the same will have to be provided.
- In case the patented invention has not been worked, reasons for not working the patented invention and steps being taken for working of the patented invention will have to be provided.
- The requirement concerning declaration by the patentee to disclose whether public requirement has been met or not has been done away with the amendment.
- While patentees can jointly file the statement of commercial working, each licensee will have to file the statement of commercial working individually.
- Further, the rules in relation to filing of priority document and English translation (if applicable) for Indian national phase patent applications has been amended to include certain PCT regulations. However, the timeline for submission of the priority document and English translation remains the same.
The Amendment Rules, 2020, can be accessed by clicking here.