MINISTRY OF COMMERCE AND INDUSTRY

(Department for Promotion of Industry and Internal Trade)

NOTIFICATION

New Delhi, the 31st May, 2019

G.S.R. 396(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central Government proposes to make in exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby published as required by sub- section (3)of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public.

Objections or suggestions, if any, may be addressed to Shri Sushil K Satpute, Director, DPIIT, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi-110011 or by e-mail at sushil.satpute@nic.in.

The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, shall be considered by the Central Government.

DRAFT RULES

1) These rules may be called the Patents (Amendment) Rules, 2019.

2) In rule 21 of the Patents Rules, 2003 (hereinafter referred to as the principal rules), for sub-rule (2) and (3), the following sub-rules shall be substituted, namely:‑

” (2) Where priority document referred to in sub-rule (1) is required to be filed under Rule 51(e) of Regulations under the Treaty, and if it is not in the English language, an English translation thereof duly verified by the applicant or the person duly authorized by him shall be filed within three months from the date of inviting to file it by the Appropriate Office.

(3) Where the applicant does not comply with the requirements of sub-rule (1) or sub-rule (2), the claim of the applicant for the priority shall be disregarded for the purposes of the Act.”

3) In rule 131 of the principal rules, for sub-rule (2), the following sub-rule shall be substituted, namely:‑

“(2) The statements referred to in sub-rule (1) shall be furnished once in respect of every calendar year, starting from the calendar year commencing immediately after the calendar year in which the patent was granted, and shall be furnished within 3 months from the expiry of each such calendar year.”

4) In THE SECOND SCHEDULE of the principal rules, for Form 27, the following Form shall be substituted, namely:-

“FORM 27
THE PATENTS ACT, 1970
(39 of 1970)
AND
THE PATENTS RULES, 2003

No Fee

STATEMENT REGARDING THE WORKING OF PATENTED INVENTION ON A COMMERCIAL SCALE IN INDIA

[See section 146(2) and rule 131(1)]

1. Insert name, address, nationality, Patent number I/ We, the Patentee(s)/ Licensee* ………………. , in respect of patent number…………… , furnish this statement,
2. State the calendar year to which the statement relates. in respect of the calendar year…………..
3. Worked / not worked {       } Worked

{       } Not worked

[Tick mark the relevant box]

4.   If worked, details (a)   where the subject matter of the patent is a product, approximate value accrued in India to the patentee(s)/ licensee furnishing the statement from that product through:

(al) Manufacturing in India…………………………………. (in INR)

(a2) Importing into India……………………………………… (in INR)

(b)  where the subject matter of the patent is a process, approximate value accrued in India to the patentee(s)/ licensee furnishing the statement from the product(s) obtained directly by that process through:

(c)    (bl) Manufacturing in India        (in INR)

(b2) Importing into India……………………………………… (in INR)

NOTE: Where the value accrued from a particular patented invention cannot be derived separately from the value accrued from related patents, and all such patents are granted to the same patentee(s), the details of all such patents, including the patent numbers, shall be provided in part (c) below, and value accrued from all such patents will be provided in (a) and/ or (b) above.

(c)Provide details in respect of (a) and/or (b) above

 

5.   If not worked, details with justification for not working Provide details (maximum 500 words)

The facts and matters stated above are true to the best of my/ our knowledge, information and belief.

We acknowledge that this information would be made public.

Dated this………. day of …………… 20…….

6. To be signed by Patentee(s) and / or Licensee(s) giving the statement Signature(s)………………………………

To

The Controller of Patents,

The Patent Office

* Every patentee and every licensee (exclusive or otherwise) is required to file this Form; where a patent is granted to two or more persons, all such patentees may file this Form jointly; however, each licensee shall file this Form individually.”

[F. No. 09/26/2015-IPR-M]

RAJIV AGGARWAL, Jt. Secy.

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