Dear all,

As per thenew Patent Rules 2019 released on Sep 18, 2019,you can have your Indian Patent granted within oneyear! Yes, that’s true. Following are the ways to expedite the Examination ofyour patent in India and therefore get a grant within a year:

1. If the PCT application isfiled and India is elected as the competent International Searching Authority (ISA)or elected as an International Preliminary Examining Authority (IPEA);
2. If the applicant is a startup.For Indian applicants, a startup recognition certificate by DIPP is required.In case of a foreign entity, any document as evidence of eligibility isaccepted;
3. If the applicant is a smallentity. For Indian applicants, MSME registration certificate is required.In case of a foreign entity, any document as evidence of eligibility isaccepted;
4. If all the applicants are naturalpersons and has at least one female applicant. For evidence anyphoto identity card including a passport of the female applicant issuedby the competent authority in India and abroad is sufficient;
5. If the applicant is a department ofthe Government; or an institution established by a Central, Provincialor State Act, or an institution wholly or substantially financed by theGovernment. Any document issued by any govt. authority in India and abroadshall serve the purpose of evidence for eligibility;
6. If the application pertains to asector which has been notified by the Central Government. Notification from theCentral Government and any other documents as maybe required by the Controllershall be submitted;
7. If the applicant is eligible underan arrangement for processing a patent application pursuant to an agreement betweenIndian Patent Office and a Foreign Patent Office. The nature ofarrangement and the list of countries with such arrangements is yet to benotified.

It is vitalto note that the above rules are also applicable to Foreign applicants as well. You may share the above points with yourclients/friends and encourage them to file Patents in India. We look forward tohear your feedback on the new amendments.

Cheers,

Photon Legal,

India. 

Download New Patent Rules PDF