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Comments on the Draft Patents (Amendments) Rules, 2023

Click here to view our Comments on the Draft Patents (Amendments) Rules, 2023.

On 22nd August 2023, Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) notified ‘The Draft Patents (Amendments), Rules, 2023’ and invited objections or suggestions in respect of the same. DPIIT IPR Chair at National Law University Delhi as part of its research activities submitted its analysis and comments on the Draft rules which are attached below. The comments address four major topics covered by the Draft rules which can have a greater impact on patent prosecution in India. These topics are: –

1) Submission of Information Regarding Foreign Patent Applications, 

2) Filling of Divisional Applications, 

3) Pre-Grant Oppositions: Maintainability and Other Issues, and 

4) Statements Regarding the Working of Patented Inventions.