Proposed Patent (Amendment) Rules 2011 and mandatory E Filing of patent documents

Author: Sudhir Kumar

In order to improve the efficiency and transparency in filing and processing of Patent Applications and to ensure accuracy of Patent data as well as related certificates provided by the Patent office, the Government of India has proposed to make e-filing of Patent applications mandatory. The draft of proposed amendments i.e. Patent (Amendment) Rules 2011 have been published for inviting public opinion and is expected to be notified soon. Any objections to same could be submitted to Ministry of Commerce, Government of India by April 1, 2011 (within 45 days of publication of proposed amendments)

The major proposed changed suggested under the draft Rules are as follows:

1. All Documents must be filed electronically duly authenticated by Applicant or Agent.

2. Filing of documents (except drawings and affidavits)

(i) Typewritten or printed in Hindi or English (unless directed or allowed by Controller) in large and legible characters not less than 0.28 cm in height and 1.5 spacing in between lines

(ii) A-4 paper with margin of 4 cm on top and left side and 3 cm on right and bottom.

(iii) Numbered in consecutive Arabic numerals at centre of bottom of sheet;

(iv) Numbering every fifth line of each page of description and claims at right half of the left margin;

(v) Signature other than in English and Hindi to be accompanied by a transliteration in English or Hindi capital letters;

3. In case of sequence listing of nucleotides or amino acids sequences, same must be filed in computer readable form (ASCII text file) along with fee (not applicable earlier)

4. Where online transmission cannot be initiated or could not be completed for whatever reasons, document can be handed over or send by post to Patent office within the stipulated time frame.

5. Amended as well as superseded documents to be submitted electronically. Every new or amended document be marked at Header of documents as Amended along with undertaking that unamended pages are the same as originally submitted.

In case of Individual Applicant Govt has proposed to provide assistance in E-filing to those for whom e filing is not convenient. And Controller has been vested with power of direct acceptance of their Patent documents in other forms and manner than explained above.

Article Source: http://www.articlesbase.com/patents-articles/proposed-patent-amendment-rules-2011-and-mandatory-e-filing-of-patent-documents-4447913.html

About the Author

Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com. Author is a member of APAA, Delhi Bar Council, Delhi High Court Bar Association and Supreme Court Bar Association.