Though we have a very good Patent legislation but the change is the need of hour. Indian Patent Law has undergone a significant change in the year 2005-06. This was the time when India entered in to the product patent regime. The Patents (Amendments) Rules, 2006 were notified by the Government of India on May 5, 2006 . This has been considered as an attempt to speed up the process of patenting in India . These rules is an outcome of a consultative process involving Patent Attorneys, Industry Associations, Government Departments concerned and other stake holders. The salient features of the Patents (Amendments) Rules, 2006 are given as below:
1. If proof of right is not furnished with the application, the applicant can furnish the same within six months (as against 3 months) from the date of filing of such application. The period for filing the statement and undertaking regarding foreign applications is six months from the date of filing an application in India corresponding to an international application in which India is designated.
2. A request of examination of application can be filed within 48 months (as against 36 months) from the date of priority of the application or from the date of filing of the application, whichever is earlier.
3. A request for permission in order to file a patent application outside India shall be disposed of by the Controller ordinarily within 21 days (as against three months) from the date of filing of such request.
4. Patent applications shall be published within one month after expiry of 18 months period from the date of filing or priority of the application and in case of a request for an early publication, the application shall be published within one month from the date of such request.
5. The time to put a patent application in order for grant has been increased from six months to 12 months from the date on which the first statement of objection is issued to the applicant to comply with requirements as prescribed under the Patent Act or Rules.
6. The format of patent certificate has been modified and the patent certificate shall ordinarily be issued within 7 days (as against no time frame provided earlier) from the date of grant of patent.
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