Draft Designs (Amendment) Rules, 2019 inviting objections from the public have been issued. Proposed amendments include: (i) substitution of existing classification of goods with the International Classification for Industrial Designs (pursuant to India’s accession to Locarno Agreement in June 2019); (ii) recognition of ‘Start-ups’ as a separate category of Applicants (like in Patents); and (iii) adoption of a simpler 2-tier arrangement of official fee wherein natural persons, start-ups as well as small entities are all entitled to 75% concession on all official fee.

Draft Designs Rules, 2019 can be accessed at http://ipindia.nic.in/writereaddata/Portal/Images/pdf/213355_1__Design.pdf.

Towards amendment of the Patents Rules, 2003, Draft Rules titled ‘Patents (2^nd Amendment) Rules, 2019’ have been published, inviting comments from the public over a 30 day period.

The Draft Rules, amongst other things, propose to extend the (up to 80%) concession in statutory official charges available to natural persons and start-ups, to small entities as well.

The Draft Rules can be accessed at http://ipindia.nic.in/writereaddata/Portal/Images/pdf/213319_2_Patent.pdf.  

In a recent press release, launch of the website and the mobile application “Learn to Protect, Secure and Maximize Your Innovation” [L2Pro India] was announced. L2Pro India is an e-learning platform which is designed to enable Micro, Small and Medium Enterprises, students and startups in India to understand and protect their IP, and to bring their innovations to market promptly. The website and the mobile application have been developed by CIPAM-DPIIT in collaboration with Qualcomm and National Law University, Delhi.

Pursuant to the publication of the draft Patents (Amendment) Rules, 2018 for objections/suggestions from the stakeholders in December 2018, the Central Government has now notified the coming into effect of the Patents (Amendment) Rules, 2019.

By way of this amendment, notable changes have been made to the existing rules. The most significant change rendered is with regard to the expansion in scope of the rule pertaining to expedited examination of applications (Rule 24-C) and the corresponding statutory form, 18A. A request for expedited examination of a patent application can now be filed by, inter alia, a small entity, female applicants and department(s) of the Government.

Another significant change pertains to the relaxation provided to PCT applicants who will no longer be required to pay transmittal fee for filing PCT applications, if filings are made through ePCT.

The Patents (Amendment) Rules, 2019 can be accessed at http://www.ipindia.nic.in/writereaddata/Portal/News/569_1_The_Patent_Amendment_Rules_2019_.pdf

Draft Rules to amend the Geographical Indications of Goods (Registration and Protection) Rules, 2002 were published on September 12, 2019. Objections and suggestions are invited from the public on the Draft Rules until October 11, 2019.