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India Streamlines Patent Rules To Promote Ease Of Doing Business

Requirements related to filing of Form 27 and submission of verified English translation of documents have been streamlined.

 A worker demonstrates various light-emitting diode (LED) filament-style bulbs at the Havells India Ltd. manufacturing plant in Neemrana, Rajasthan, India. (Photographer: Udit Kulshrestha/Bloomberg)
A worker demonstrates various light-emitting diode (LED) filament-style bulbs at the Havells India Ltd. manufacturing plant in Neemrana, Rajasthan, India. (Photographer: Udit Kulshrestha/Bloomberg)

The government on Wednesday said it has amended patent rules to streamline the submission requirements regarding the working of a patented invention on a commercial scale in India, a moved aimed at promoting ease of doing business.

The changed rules allow an applicant to file a single form for multiple patents and a joint form for multiple patentees has been introduced.

The commerce and industry ministry said in a statement that the Patents (Amendment) Rules, 2020, which came into effect on Oct. 19 this year, have further streamlined the requirements related to filing of Form 27 and submission of verified English translation of priority documents not in English language.

Form 27 is related to submission of statements regarding the working of a patented invention on a commercial scale in India.

Commerce and Industry Minister Piyush Goyal in a tweet said these measures will help "boost innovation, improve ease of doing business, enhance flexibility, ease compliance burden, and reduce cost".

As per the changed rules, priority document is not required to be submitted if it is available in World Intellectual Property Organisation and English translation of these documents is needed only in certain cases.

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"Patentee would get flexibility to file a single Form-27 in respect of a single or multiple related patents. Where a patent is granted to two or more persons, such persons may file a joint Form-27, " it said.

"The patentee would be required to provide 'approximate revenue / value accrued', and authorised agents would be able to submit this form on behalf of patentees," it added.

Further, it said to file this form, patentees would get six months instead of the current three months, from expiry of financial year; and an applicant will not be required to file this form in respect of a part or fraction of the financial year.