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IPR: Intellectual Property Rights

  • Intellectual Property is an intangible property.
  • Intangible properties are those that can’t be felt/touched by human senses, unlike other physical properties.
  • Tangible properties are those that can be felt by human senses.
  • Intellectual Property is the creation of human intellect, whether it is a Patent, Copyright, Trademark, etc.
  • All the IPRs are territorial rights and valid only in the territory of the nation in which the IP rights are granted.
Types of IPR recognised in India
  • Patents:  Provided for the invention/innovation/technology.
  • Copyright: Provided for artistic, literary, musical work, etc.
  • Trademark: Provided for the protection of the logo of the brand.
  • Geographical Indication: A sign of the product that has a specific geographical origin.
  • Industrial Design: Protects the visual design of the object.

Patents (Amended) Rules, 2024 in India

(w.e.f. March 15, 2024)

India is undergoing a sort of technical revolution. Amid this revolution, in FY2023, India witnessed 83,000 patents filing, marking an annual growth rate of 24.6%, the highest in the last two decades, as per report released by Nasscom. As per WIPO Report 2022, India is ranked at 7th position in terms of Resident Patent Filing activity in the world. Therefore, to expedite, to increase flexibility of certain previously non-extendible deadlines through extension fees and streamline the prosecution of patent applications, Indian Patent (Amendment) Rules, 2024 (Rules) have been notified. These rules are effective from March 15, 2024.

The following are the changes done in the rules at the different stages of a patent application:

  1. During filing
  2. Extension in the prescribed timeline: As per the amended Rules, the timeline prescribed under the Rules can be extended or any delay can be condoned at the discretion of the Controller for a period upto six months.
  • Said request can be filed any number of times before expiry of the extended (six months) period on Form 4 and official fee is approximately USD 625 (INR 50,000) for each month’s extension (detailed below) i.e. USD 3750 (USD 625 X 6) for a 6-month extension.
  1. a) Late filing of Form-1 beyond 6 months from the Indian application date
  2. b) Power of attorney beyond 3 months from Indian application date
  3. c) English translation of priority docs/ international application
  4. d) Late filing of Form 3

Further, there was also a post by Patent Office for taking extension for National Phase Entry of PCT application upto six months beyond 31 months. However, it is still unclear as WIPO website do not echo the same.

  1. Voluntary Filing of Divisional Application [Rule 13(2A)]: A divisional application can be voluntarily filed under Section 16 by the Applicant, including in respect of an invention disclosed in the provisional specification.
  2. Reduced timeline for filing Request for Examination (RFE) [Rule 24B (1)]: The timeline for filing the RFE is now reduced to 31 months from 48 months, from the priority date or Indian application date, whichever is earlier.
  3. During Prosecution
  4. Information Disclosure Statement/ Statement and undertaking regarding foreign applications (Form 3) Rule 12 (2) and Rule 12 (5):
  • As earlier, the present requirement of filing first Form 3 is within 6 months of filing of Indian application.
  • The next Form 3 is to be filed within three months from the date of issuance of first examination report.
  • A delay upto three months in filing Form-3 can be condoned by filing a request made under Form-4.
  1. Submission of foreign prosecution documents [Rule 12(3) and Rule 12 (4)]:
  • The new Rules stipulate that the Controller shall consider all the publicly accessible information relating to the prosecution of corresponding foreign applications.
  • The Controller may direct the Applicant (with reasons to be recorded in writing) to submit an updated statement and undertaking in Form-3 within 2 months from the date of such communication from the Controller [Rule 12 (4)].
  • A delay upto three months in filing Form-3 can be condoned by filing a request made under Form-4.
  1. Pre-grant opposition and timelines [Rule 55 and Rule 56]:
  • An official fee of approximately USD 250 (INR 20,000) has been imposed for filing a pre-grant opposition.
  • Once a pre-grant opposition is filed, the Controller shall first decide the maintainability of the representation.
  • If the Controller is not satisfied that a prima facie case is made by the Opponent, the opponent may be heard (if requested) after which the Controller will pass a speaking order admitting or rejecting the opposition.
  • If a prima facie case has been made by the pre-grant Opponent, the Controller shall pass a reasoned order and notify the Applicant.
  • If the representation is found maintainable, the application shall be examined under Rule 24C [expedited examination].
  • The timeline for replying to the notice is reduced to two months [from three months], extendible by 6 months with an extension Rule 138.
  1. Extension of filing of written submissions after hearing: Now the fee under Rule 138 is USD 625 per month (earlier, USD 110).
  2. After grant
  3. Post-grant opposition: The timeline for the Opposition Board to give its recommendations is reduced to 2 months from the date on which documents were received [earlier, 3 months].
  4. Annual Working Report (AWR) [Rule 131(2), Form 27]: AWR is to be filed after three financial years and shall be furnished within six months from the expiry of each such period [earlier, is to be filed for every financial year].
  5. General

New Forms: Form 8A (Certificate of inventorship), and Form 31 (Grace period) are added.

Form 31 (Grace Period)

Form – 31 (new form)

Form 8A (Certificate of Inventorship)

Form-8A

Form 1 (For filing of New Patent Application)

Form-1

Form 3 (for updated Foreign Filing details of Patent Applications)

Form-3

Official Fee Schedule of Indian Patents Act, 1970 (First Schedule)

First Schedule_1

India’s Draft Guidelines On AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-
Rigpa and Homoeopathy): Unison of Traditional Knowledge and Innovations

GUIDELINES FOR PROCESSING PATENT APPLICATIONS OF AYUSH SYSTEMS AND RELATED INVENTIONS, 2025

Check out the proposed draft of the Latest Computer-Related Inventions (CRI) Guidelines, 2025

                   Check Copyright (Amendment) Rules, 2025__June 13, 2025

                  Draft Copyright (Amendment) Rules, 2025

                     Patent Process Flow Chart: From Filing to Final Disposal (Grant or Refusal) of Application_June 13, 2025

In India types of applications filed are:

  1. Ordinary         
  2. Convention 
  3.  PCT or National Phase Entry (within 31 months from the date of priority of the basic application)
Patent Process Flow Chart

(June 13, 2025) Annual Report 2023-24: Indian Patent Office (IPO) Annual Report 2023-2024 (April 2023 to March 2024)

Indian Patent Office (IPO) Annual Report 2023-2024 (April 2023 to March 2024)

IPO has released its Annual Report as usual, citing the clear facts and figures for the number of IPR (Patents, Trademarks, Copyright, Design Registration, Geographical Indication, Protection of Plant Varieties and Farmers Rights and Semiconductor Integrated Circuit Layout Design Registration) applications filed in India by Indian Citizens as well as PCT/Conventions applications, number of applications examined, finally disposed off and other useful data regarding the IPR applications processed in India as compared to the year 2022-23.

A glimpse of the data released in the Annual Report is as below:

  1. Total IPR applications filings have increased from 601789 filed in 2022-23 to 635508 in 2023-24, with a percentage increase of 5.6%. With Domestic filing of patents increased from 43301 (2022-23) to 51574 (2023-24)
  2. Patent Applications filing: Increase of 11.29 % (~11.30%) with 80211 filed in 2022-23 to 92168 filed in 2023-24
  3. Patents Granted in 2023-24 compared to 2022-23: An Increase of 201.91%, From 34134 (2022-23) to 102057 (2023-24).
  4. Filing of Design Registration Applications: an increase of 33.88% from 22698 (2022-23) to 20289 (2023-24)
  5. Filing of TM applications: An increase of ~2.03% from 266580 (2022-23) to 476089 (2023-24).
  6. Registration of Geographical Indications: An increase of 190.90% from 55 (2022-23) to 160 (2023-24)

Top Filers:

Indian States (Top 5):

  • Tamil Nadu
  • Maharashtra
  • Karnataka
  • Uttar Pradesh
  • Punjab

Category wise (Among Natural Person, Startups, Small Entity, Educational Institutions and other than Natural Persons)

  • Natural Persons (Indian): 14431
  • Startups (Indian): 2546
  • Small Entity (Indian): 3421
  • Educational Institutions (Indian): 23306
  • Other than Natural Persons (Indian): 7870

Top 5 Indian Applicants for Patents in the field of IT

  1. Jio Plaforms Limited: 818 applications
  2. Bluest Mettle Solutions Private Limited: 640 applications
  3. Lovely Professional University: 580 applications
  4. Jain (Deemed-To-Be-University): 568 applications
  5. Chandigarh University Tehnology Business Incubator: 451 applications

Top 5 Indian Applicants for Patents from Scientific Research & Development Organizations:

  1. Chandigarh University Tehnology Business Incubator: 1126
  2. Indian Institute of Technology (Collectvely): 1106
  3. Bharat Institute of Higher Educational and Research: 779
  4. Saveetha Institute of Medical and Technical Sciences: 576
  5. National Institute of Technology: 417

Top 5 Indian Applicants for Patents from Academic Instituted and Universities:

  1. Lovely Professional University: 1418 applications
  2. Jain (Deemed-To-Be-University): 1325 applications
  3. Chandigarh University Tehnology Business Incubator: 1126 applications
  4. Indian Institute of Technology (Collectvely): 1106
  5. Teerthankar Mahaveer University: 1053 applications

Top 5 countries Patent filing applications via PCT route in India: An increase of 0.29% from 32,091 (2022-23) to 32, 187 (2023-24)

  1. USA: 11276 applications
  2. Japan: 3797 applications
  3. China: 3490 applications
  4. Republic of Korea: 2268 applications
  5. Germany: 2086 applications

Top 5 Foreign Resident Applicants

  1. Qualcomm Incorporated
  2. Samsung Electronics Co. Ltd.
  3. Huawei Technologies Co. Ltd.
  4. Nokia Technologies OY
  5. Apple Inc.

For more insights and a detailed report, please get in touch with us: info@durroip.com