2024 Amendments to India's Patent Rules: Unlocking Cross-Border IP Opportunities

In March 2024, the Indian Ministry of Commerce and Industry published changes to its 2003 Patent Rules. These applicant-friendly changes include (1) a relaxation in the rules relating to the submission of information regarding related foreign applications; (2) a liberalization of the divisional practice, aligning it more closely with continuation practices in the United States; (3) a reduction in the time allowed to file the request for examination from 48 months to 31 months; (4) a formalization of requirements for a grace period for filing a patent application after a public disclosure; (5) a reduction in the frequency for submitting the Working Statement form, shifting from annual to once every three years; and (6) a provision granting discretion to the Controller to extend deadlines for delays in filing required documents.

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