Statement by India on Agenda Item 4 on the International Patent System: Certain Aspects of National Patent Laws, delivered by Dr. S. P. Subramaniyan, Deputy Controller of Patents during the 24th meeting of Standing Committee on the Law of Patents on 27 June 2016

Madam Chair,
The delegation of India would like to address the latest development in the Indian Patent Act. It is continuous efforts of India making amendment in the Patent procedures periodically to meet the international obligation and promote indigenous  inventions. According to the latest Amendment to Patent Rules:

1. To facilitate the “Indian Startup”, the Government has considered several incentives including reduced official fees, filing and prosecution assistance by empanelled patent and trademark agents and expedited examination of patent applications.
2. Reduction in time period for filing response to Examination Report have been reduced from twelve months to 6 months and the deadline can be extended by 3 months, if an appropriate request along with prescribed fee is submitted prior to the 6-month period.
3. Hearings is proposed to conduct through video-conferencing or audio-visual communication devices with limited timelines for adjournments and written submission.
4. Amendment to claims before national phase entry is allowed now
5. Refund of up to 90% of examination fees is allowed, if the applicant opts to withdraw the application before the issuance of the First Examination Report.
6. Expedited examination may be availed by a PCT applicant by selecting Indian Patent Office as ISA or as IPEA. A regular request for examination can also be converted into request for expedited examination on satisfying the above requirement.
7. The opponents and the applicants have to serve a copy of their representations and replies on each other, respectively in the Pre-Grant Opposition.
8. The Power of Attorney (PoA) shall be submitted within 3 months from the date of application or date of filing of relevant document.
9. The reference of deposition of biological material in the specification is required to be made within 3 months from the date of filing of the application or on or before the date of making request for early publication, whichever is earlier.
10. It has been made mandatory for patent agents to communicate electronically with the Patent Office.

Madam Chair, the delegation of India would like to listen from the members on any such development in their national law.

Madam Chair, thank you very much.