I. Introduction

The Ministry of Commerce and Industry recently notified the Patents Amendment Rules, 2024. This will introduce substantial changes to the Indian patent practice and procedure, affecting inventors, applicants, and patent stakeholders.

II. Key Changes Brought About by the Amendment

- Accelerated Patent Examination Process: Patent applicants can now file a Request for Examination (RFE) in a reduced timeline of 31 months from the priority date, compared to the previous 48 months. This effectively speeds up the patent examination process.

- Simplified Form Submission: After receiving the First Examination Report (FER), applicants need to only compose and deliver an updated, single Form 3.

- 'Certificate of Inventorship' Introduction: This amendment will allow inventors to be recognized for their contributions to patented inventions, filling a significant gap as the Indian patent certificate does not currently identify inventors.

- Cap on Filing Statements: Patent holders now only need to file patents once every three years instead of once every financial year.

- Changes in Opposition Procedures: The solicitation period of recommendations from the Opposition Board and the response time for the applicants have been revised.

- Divisional Application Amendments: In accordance with a 2023 Delhi High Court decision, a divisional application for an invention mentioned in a provisional or complete application can now be filed or extended to a further divisional application.

III. Definition and Basics of a Patent

A patent is a statutory right given to an inventor by the Government granting exclusive rights to the inventor for a limited period. It precludes others from manufacturing, using, selling, importing the patented product or process without the patentee's consent. The patent system in India is regulated by the amenable Patents Act, 1970 and its subsequent amendments.

IV. Term of a Patent

A patent in India is valid for 20 years from the date of filing the application. For applications submitted under the Patent Cooperation Treaty (PCT), the period will be 20 years from the international filing date.

V. Patent Cooperation Treaty (PCT)

The PCT is an international treaty encompassing over 150 contracting states. It facilitates patent protection for an invention simultaneously in multiple countries through an international patent application which can be filed with the respective national patent office or the International Bureau of the World Intellectual Property Organisation (WIPO) in Geneva.

In conclusion, the Patents (Amendment) Rules, 2024 introduces numerous pivotal changes to accelerate and streamline the patent procedure in India, strengthening the country's patent regime and fostering better recognition of inventors' contributions.