Patents Amendment Rules 2016-Documents to be filed by Patent Agent after electronic submission under Rule 6(1A)-Clarification

Office of The Controller General
Patents, Designs & Trade Marks

No. CG/F/Public Notice/2016      Date: 18-05-2016


In view of the notification regarding the Patents (Amendment) Rules, 2016 published on 16-05-2016 by the Government of India, Ministry of Commerce and Industry  (Department of Industrial Policy and Promotion) dated 16/05/2016 in Part II, Section 3, Sub Section (i) of the Gazette of India, Extraordinary having been made effective from the date of publication, the following clarifications are issued for the General public and all the stakeholders:

(1) The documents that are required to be submitted by the Patent Agent in original after filing them electronically as per the provisions of rule 6(1A) of the Patents (Amendments) Rules, 2016, are as under.:

(a) The Authorization of Patent Agent or Power of attorney (under rule 135)

(b) Proof of the right to make an application (under rule 10)

(c) Deed of assignment,certificate regarding change in name of the applicant, license agreement,etc.(under rule 91)

(d) Declaration regarding inventionship (under Rule 13(6))

(e) Priority document (under section 138 or Rule 21)

2. Rule 24B(6)-Time to put the application in order for grant under section 21 of the Act

(a) The time for putting the applications in order for grant under section 21 of the Act in cases where the First statement of objections has been issued by the Office before 16-05-2016, shall remain 12 months from the date on which the said first statement of objections is issued to comply with all the requirements imposed under the Act and Rules made there under in accordance with the earlier provisions.

(b) The time for putting an application In order for grant in cases where the First statement of object ions has been Issued by the Office on or after 16-05-2016, shall be 6 months from the date on which the said First statement  of objections is i.sued to applicant to comply with all the requirements Imposed under the Act and Rules made there under in accordance with Rule 24B(5) of the Patents (Amendments) Rules, 2016.

Dr. K. S. Kardam
Senior Joint Controller of Patents, Designs and Trademarks

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