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PATENT (AMENDMENT) RULES, 2020

The Patent (Amendment) Rules, 2020 came into force from 9th October 2020 and the following are the key highlights:

Statement of commercial working of a patented invention (FORM27)

  • Every patentee and licensee have to file the statement of commercial working of a patented invention for every financial year within six (6) months from the start of the following financial year
  • A single FORM27 can be filed for multiple related patents by patentees
  • Information regarding licensee and sub-licenses granted in a year is not required anymore
  • Information regarding the extent of working has also been done away with

  • Priority documents
  • If the priority document is available in WIPO’s digital library then the same is not required to be submitted with the Indian Patent Office
  • English translation of priority document is required only when the validity of the priority claim is relevant to determination of patentability or of any errors in the international filing date have been corrected

PATENT (2ND AMENDMENT) RULES, 2020

The Patent (2nd Amendment) Rules, 2020 came into force from 4th November 2020 and the following are the key highlights:

  • Fees for Small Entity
  • The fees applicable for the prosecution of Indian Patent applications to small entities has been reduced and is now at par with the fees of start-ups/ natural person (Filing Fee: INR 1600 and Examination Fee: INR 4000)

  • If the small entity ceases to be a small entity after filing a patent application, then:
  • No difference in the scale of fees shall be payable
  • Request for expedited examination filed will not be questioned

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About the Author
Priyank Gupta is an Intellectual Property Attorney registered to practice in India. Priyank has 13 Years of Industry Experience. Priyank is a Lawyer and Engineer by Educational Background,

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