Summary
The post analyses the salient features of the Patent (Amendment) Rules, 2011, notified for publication in the Gazette of India. Key changes include the introduction of online filing and electronic authentication of patent documents, streamlined procedures for amending specifications and drawings, and new requirements for submitting sequence listings. The rules also clarify the process for condonation of delay in document receipt. These amendments are aimed at simplifying and digitising patent procedures for both applicants and practitioners in India.
This post was first published on March 15, 2011.The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents.
Following are the salient features of the amended rules.
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Electronically authenticated documents may be filed online. Individual applicants may file documents online without electronic authentication by duly signing the documents and should compulsorily submit paper copies later.
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Amendment to specification and drawings may be submitted via the online system. Every page that is retyped or added and any drawing that is amended or added should be marked on the header as amended and should be incorporated in the original document to form a continuous document. Undertaking should be provided that unamended pages are the same as those originally submitted. Also, amended documents should be returned to the controller along with superseded pages or drawings duly marked, cancelled and initialed by applicant or his agent.
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In case of a delay in receipt of documents from the patent office, a condonation of delay petition may be filed immediately upon receipt of documents. The condonation period will not exceed the period between the date on which the party was supposed to have received the document by mail or electronic transmission; and the actual date of receipt of documents.
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If a patent application discloses a sequence listing, the same should also be submitted in an ASCII text file.