Introduction: The Ministry of Commerce & Industry has recently made a significant announcement, indicating a remarkable surge in patents granted, alongside noteworthy developments in Geographical Indication (GI) registrations and design and copyright registrations. This article delves into the details of this announcement and the implications of the newly notified Patent Rules, 2024, which aim to streamline patent prosecution and maintenance processes, fostering innovation and economic growth.
Detailed Analysis: The Ministry’s announcement highlights the issuance of over one lakh patents within a year, underscoring the nation’s growing emphasis on innovation and intellectual property protection. Alongside this milestone, there has been a three-fold increase in GI registrations, showcasing India’s rich cultural heritage and the importance of protecting geographical indications.
Furthermore, the surge in design and copyright registrations reflects the burgeoning creativity within the country. The fiscal year 2023-24 witnessed record-breaking numbers in both categories, indicating a thriving creative sector and the potential for further growth and development.
The newly notified Patent Rules, 2024, introduce several provisions aimed at simplifying the patent prosecution and maintenance process. These provisions include the introduction of a unique ‘Certificate of Inventorship’ to acknowledge inventors’ contributions, streamlining the process for claiming grace period benefits, and reducing the time limit for filing examination requests.
Moreover, the rules aim to promote efficiency by reducing renewal fees and frequency of filing statements of working of patents. Additionally, measures have been introduced to streamline the pre-grant opposition process, curbing fraudulent practices while encouraging genuine oppositions.
Conclusion: In conclusion, the Ministry’s announcement regarding the grant of one lakh patents, alongside significant developments in GI, design, and copyright registrations, underscores India’s commitment to fostering innovation and protecting intellectual property rights. The newly notified Patent Rules, 2024, are poised to simplify patent processes, thereby creating a conducive environment for inventors and creators. As India continues its journey towards economic development and technological advancement, initiatives such as these play a crucial role in shaping the nation’s future.
***
Ministry of Commerce & Industry
Patent office grants One Lakh Patents in one year
GI Registration jumps three-fold; Design and Copyright registrations at all-time high
Patents Rules, 2024 notified with several provisions to simplify Patent prosecution and maintenance
Posted On: 16 MAR 2024 6:39PM by PIB Delhi
The Patent Rules, 2024 has been officially notified, marking a significant milestone in the journey towards fostering innovation and economic development. These rules introduce several provisions aimed at simplifying the process of obtaining and managing patents, thereby facilitating a conducive environment for inventors and creators. It is expected to accelerate economic development of the nation through science and technology to fulfil the Viksit Bharat Sankalp
Some salient features of the revamped Rules are as follows:
- Unique provision for New ‘Certificate of Inventorship’ has been introduced to acknowledge the contribution of inventors in the patented invention.
- Provision for claiming benefits of Grace period under section 31 has been streamlined by incorporating new form, i.e., Form 31.
- Time limit to furnish foreign application filing details in Form 8 has been changed from six months from the date of filing of application to three months from the date of issuance of first examination report.
- Considering the fast pace of technology, time limit for filing request for examination has been reduced from 48 months to 31 months from the date of priority of application or from the date of filing of application, whichever is earlier.
- Provision to extend time limit and condone delay in filing has been further simplified and made more explicit to ease in practice. Now, the time for doing any act/proceeding may be extended any number of times up to six months by a request in prescribed manner.
- Renewal fee has been reduced by 10% if paid in advance through electronic mode for a period of at least 4 years.
- Frequency to file the statements of working of patents in Form 27 has been reduced from once in a financial year to once in every three financial years. Further, the provision to condone delay in filing of such statement for a period up to three months upon a request in prescribed manner has been
- The procedure to file and dispose the Pre-grant representation by way of opposition under section 25(1) has been further streamlined and made more explicit by providing ways to dispose of the representation and fixing fees to file such representation in order to curb benami and fraudulent pre-grant oppositions and simultaneously encouraging the genuine oppositions.
The Government is committed to enhancing the IP ecosystem and administration in the country
Patents
Every 6 minutes one technology is seeking IP protection in India. In 2023, an all-time high of 90300 patent applications were received. Patent office granted over one lakh Patents in the last one year (1 5-Mar-2023 to 14-Mar-2024). Every working day, 250 patents were granted.
Geographical Indications
There has been a notable surge in Geographical Indication (GI) registrations, demonstrating a threefold increase compared to the previous year. As on date, 573 GIs are registered in India. In 2023-24, 98 new GIs have been registered and another 62 will be registered by 31st March 2024. In addition, 11621 authorized users are registered, and an additional 2575 users will be registered by 31st March 2024.
Copyright
The fiscal year 2023-24 witnessed a record-breaking number of copyright registrations, totalling 36,378, thus underscoring the vast potential within the creative sector. Measures to further promote awareness about the strategic role of copyright in creative industry is planned.
Design
During the fiscal year 2023-24, the highest number of design registrations to date, totalling 27,819, were recorded, alongside final disposal of 30,450 applications. Over 1.25 lakhs students participated in Toycathon, an initiative jointly organized by J&K SCERT and Indian IP Office. 115 novel designs by J&K School students received through the event were registered.
Trade Marks
The Trade Marks Registry is fully committed to issue the examination report within 30 days post receiving a trademark application. The registry is offering trademark protection in the shortest possible time.
IP Awareness
In the last 2 years, NIPAM has offered IP Training to 24 lakh youths, especially students and teachers and has covered over 7000 institutions.
