Patent Agent Examination 2025| Paper 2 (II) | Question no 1

 Recently, the Patents (Amendment) Rules, 2024 has relaxed some burden on the applicant in terms of fulfilment of the requirements for filing information and undertaking regarding corresponding foreign applications with an objective to improve ‘ease of doing business’ in this aspect. Discuss the amendments in the provisions mentioning relevant section, rules and form(s).

Ans:

Relaxations in the Patents (Amendment) Rules, 2024

1. Objective: The amendments aim to improve the ease of doing business by simplifying compliance requirements related to filing information and undertakings regarding corresponding foreign applications, aligning with Section 8 of the Patents Act, 1970.

2. Key Amendments:

   • Rule 12(1A): Introduced to streamline the filing of details for foreign applications.
   • Form 3: The requirement to submit Form 3 at multiple stages of the application process is replaced with a one-time submission.
   • Self-Undertaking: Applicants now submit a self-undertaking confirming the fulfillment of Section 8(1) and 8(2) requirements.

3. Compliance Simplification:

   • Periodic updates on foreign applications are no longer mandatory.
   • Applicants must submit Form 3 only when requested by the Controller.

4. Impact:

   • Reduces administrative burden.
   • Enhances efficiency for applicants and authorities.
   • Encourages innovation by streamlining patent processes.