India has quickly become an important player in the global intellectual property (IP) field, showing its dedication to encouraging innovation and protecting inventors’ rights. As the country aims to become a centre for technology and research, having a strong patent system is becoming more important. The recent changes to the Indian Patent Rules in 2024 are a strategic step to make the patent filing process faster and more effective, creating a better environment for inventors and businesses. Here are 6 key changes which will aid in boosting R&D in Startups in India.
1. Faster Examination Process
One of the most notable changes is the reduction of the timeline for filing a request for examination (RFE) from 48 months to 31 months from the priority date. By expediting the process, startups can secure patents quickly, allowing them to focus on commercialization and scaling their innovations.
2. Fee Reductions
A 10% discount on annual renewal fees is available when payments are made in advance for at least four years through electronic means, providing cost savings that startups can redirect into R&D efforts.
3. Simplified Disclosure Requirements
Previously, applicants had to regularly update the patent office about similar foreign patent applications using Form 3. The new rules permit a single, consolidated Form 3 submission after receiving the First Examination Report (FER), reducing administrative tasks for startups.
4. Recognition of Inventors
The introduction of a ‘Certificate of Inventorship’ formally acknowledges inventors’ contributions, boosting morale and encouraging further innovation within startup teams.
5. Reduced Reporting Frequency
Startups now need to file working statements (Form 27) every three financial years instead of annually, easing compliance burdens and allowing more focus on core R&D activities.
6. Flexibility with Divisional Applications
The amendments allow for divisional applications based on inventions disclosed in provisional or complete specifications, offering startups greater flexibility in protecting various aspects of their innovations.
These improvements to the existing laws are designed to make it easier for innovations to eb recognized and protected.
Author: Antas Deep, Legal Intern at PA Legal.
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