The Ministry of Commerce and Industry, through the Department for Promotion of Industry and Internal Trade (DPIIT), has published a Gazette notification proposing draft amendments to the Patents Rules, 2003. The draft rules have been issued in exercise of the power conferred under Section 159(3) of the Patents Act, 1970, and are published for the information of all persons likely to be affected thereby. Suggestions and objections, if any, are invited in respect of the draft rules within thirty days from the date on which the Gazette notification is made available to the public.
The draft amendments propose the introduction of new definitions and procedural provisions to enhance the patent regulatory framework. These include insertion of provisions relating to “Code of Conduct” for patent agents under the Patents Rules, aligning with similar reforms being introduced across intellectual property regulations. The draft also contemplates detailed procedures for filing complaints by patentees or other stakeholders, electronic submission of documents, and timeframes for conducting inquiries and adjudication.
As per the notification, stakeholders may submit their objections or suggestions to the Controller General of Patents, Designs and Trade Marks, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, within the prescribed timeline. The amendments are aimed at modernising the procedural mechanisms within the Patents Rules, facilitating greater transparency, and strengthening enforcement processes under the Patents Act.
Source: Draft Amendments to the Patent Rules 2003