The Department For Promotion of Industry and Internal Trade on 15th March, 2024 has issued the Patents (Amendment) Rules, 2024. The Ministry of Commerce and Industry (DPIIT), invited objections and suggestions from stakeholders, aiming to ensure a comprehensive and inclusive regulatory process. Copies of the draft rules were made available to the public, allowing for widespread participation and engagement.
Over the following months, the DPIIT diligently reviewed the objections and suggestions received from various stakeholders. This inclusive approach reflects the government’s commitment to transparency and stakeholder consultation in policymaking. By considering diverse perspectives, the authorities aimed to strike a balance between promoting innovation and safeguarding public interest.
The culmination of this process led to the issuance of the Patents (Amendment) Rules, 2024, exercising the powers conferred by section 159 of the Patents Act, 1970. These rules mark a significant step towards modernizing India’s patent regime, aligning it with international best practices and addressing emerging challenges in the field of intellectual property rights.
One of the key aspects addressed in the amendment is likely to be the streamlining of patent procedures to enhance efficiency and reduce processing times. Simplifying administrative processes can encourage innovation by providing inventors with quicker access to patent protection, thereby stimulating research and development activities.
Furthermore, the amendment may introduce provisions aimed at strengthening patent enforcement mechanisms. Effective enforcement is essential for safeguarding the rights of patent holders and fostering a culture of innovation by deterring infringement and unauthorized use of patented technologies.
Moreover, the amendment might include measures to promote collaboration and technology transfer, facilitating the dissemination of knowledge and accelerating industrial growth. Encouraging partnerships between academia, research institutions, and industry can catalyze innovation ecosystems, fostering the development and commercialization of new technologies.
Additionally, the amendment could address emerging areas such as artificial intelligence, biotechnology, and digital innovation, ensuring that India’s patent regime remains relevant in a rapidly evolving technological landscape. By providing clarity and guidance on patentability criteria and procedural aspects related to emerging technologies, the amendment can instill confidence among innovators and investors.
The amendment has introduced a Certificate of inventorship. The Controller may issue a certificate of inventorship to an inventor in respect of a patent in force, on a request made by the inventor in Form-8A along with fees.
The Controller may issue a duplicate certificate of inventorship to an inventor in respect of a patent in force on a request made by the inventor in Form-8A along with the fee and such request shall contain a statement setting out the circumstances in which the original certificate of inventorship was lost, destroyed, damaged or cannot be produced.
