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

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 incorporated.
• 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 (15-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 31^st March 2024. In addition, 11621 authorized users are registered, and an additional 2575 users will be registered by 31^st 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.

Patent Rules reform streamlines patent prosecution and maintenance, reducing timelines and simplifying extensions and filings. Notification of the Patent Rules, 2024 introduces procedural reforms to simplify patent prosecution and maintenance, including a Certificate of Inventorship, Form 31 for grace period claims, reduced time for request for examination, revised timing for foreign filing details in Form 8, explicit repeatable extensions and condonation up to six months, an advance electronic renewal fee discount, reduced frequency and limited condonation for Form 27 statements, and clarified pre grant representation procedures with prescribed fees to curb fraudulent oppositions.