Patent pleas to be processed faster

NEW DELHI: The government on Thursday ushered in a shorter time-frame for processing of patent applications by notifying the Patents (Amendment) Rules of ���06.

The new rules bring in more transparency, decentralisation of the functioning of patent offices and simplify various procedures associated with grant of patent applications.

The move follows the introduction of product patents in line with India���s commitment to the World Trade Organisation (WTO). ���The thrust of the patents rules is to introduce transparency, decentralise the functioning of patent offices, simplify the procedures and to make them user-friendly, commerce & industry minister Kamal Nath said.

As per the changes notified under the patents (Amendment) rules, ���06, patent applications are now to be published within one month after expiry of the statutory period of 18 months. In case of request for an early publication, the application is to be published within one month from the date of request.

This step will introduce an element of certainty regarding the date of publication, which was hitherto not available, according to an official statement issued here. Further, with a view to enforcing transparency and ensuring time-bound disposal of patent applications, definitive time-frames have been prescribed for various activities of the Patent Offices.

A patent application now has to be referred to an examiner within one month of a request for its examination and the controller will be required to take a decision within one month of its submission, the statement said, adding that the first ���examination report��� must be issued in six months of the date of request for examination of a patent.

In order to decentralise, as well as facilitate the patent administration, all patent-related activities can now be performed by all the patent offices in Kolkata, Chennai, Delhi and Mumbai. The time for granting permission to file patents abroad has been reduced to just 21 days.

Seeking to make the system more user-friendly, the time frame available for applicants and the public, have also been extended. Accordingly, the time-frame for making a request for examination has been extended from 36 to 48 months, while the time for filing a pre-grant opposition extended from 3 to 6 months.

The time for filing reply to pre-grant opposition extended from 1 to 3 months and that for meeting the requirements of the First Examination Report increased to 12 months.

The Patents (Amendment) Rules, ���06 have been finalised through a consultative process involving patent attorneys, industry associations, government departments and other stakeholders.