Patent rules simplified: One form for multiple patents, commercial working return to be filed in 6 months

NEW DELHI: The government on Wednesday simplified the patent rules and allowed patentees to mention approximate value and revenue accrued instead of providing exact details of quantum and value of manufacturing and imports into India. The Patent (Amendment) Rules 2020 now also require to file a statement on the commercial working of the patent within six months instead of three months as prescribed earlier.

The Department for Promotion of Industry and Internal Trade (DPIIT) said in a notification that one form may be filed in respect of multiple patents, provided all of them are related patents, wherein the approximate revenue / value accrued from a particular patented invention cannot be derived separately from the approximate revenue/value accrued from related patents, and all such patents are granted to the same patentee.

“Approximate revenue / value accrued in India to the patentee(s)/ licensee furnishing the statement from patent numbers where the working is through…manufacturing in or importing into India,” the department said.

The amendment has done away with the requirement concerning declaration by the patentee to disclose whether public requirement has been met.

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