A significant modification in the Indian Patent Rules, 2024 is the reduction in the time limit for filing a request for an examination (RFE) for the patent application. The time limit has been reduced from 48 to 31 months, starting from the filing date or the priority date, whichever is earlier. By shortening the timeframe, the Indian Patent Office (IPO) aims to expedite the examination of patent applications, particularly those already examined by other patent offices under the Patent Cooperation Treaty (PCT). Under the previous Indian Patent Rules, even after an international application entered India as a national phase (which typically occurs within 31 months from the earliest priority date in India), the applicant had additional time to decide whether to proceed with an RFE. However, the amendment in 2024 to the Patent Rules reduces the time frame from 48 months to 31 months as per Rule 24B(1). Accordingly, the RFE must now be filed at the national phase entry of the International Patent application. It is to be noted that the 31-month timeline for filing the RFE would only apply to applications filed on or after March 15, 2024. For applications filed before March 15, 2024, the 48-month timeline will continue to apply.
Additionally, working statements (in revised Form 27) for patents are now required only once every three years instead of annually, thus simplifying the reporting process. Before 2024, a patentee was required to file a working statement for granted patents every financial year, starting from the financial year commencing immediately after the one in which the patent was granted. However, after the amendment in 2024 in the Patent Rules, this requirement has been relaxed to once every three financial years, significantly reducing the administrative burden on the patent holders. The revised Form-27 no longer requires applicants to provide an approximate value accrued in India from “working” the patented invention. Instead, a patent holder must provide a clear explanation for why the invention does not work in India. There is also a provision in Form 27 that indicates whether a patent is available for licensing, offering the possibility of technology transfer and collaboration.
The amended Indian Patent Rules, 2024 also introduces a provision for a certificate of Inventorship under Rule 70(A), which can be obtained after a patent is granted, giving inventors formal recognition of their contributions. Before 2024, there was no formal recognition of inventors in the patent documentation. In 2024, the Patent Rules were amended to allow inventors applying for certificates of Inventorship for granted patents in India to submit Form 8A to the IPO.