Ministry of Commerce and Industry vide Gazette Notification No.G.S.R. 663(E) dated September 17, 2019, notified the Patents (Amendment) Rules, 2019, effective from the date of notification in the gazette. Inter-alia, the amendment abolishes the requirement of filing original documents after submitting scanned copies and includes a start-up and a female person to the list of eligible persons for requesting for expedited examination.\n\nFollowing is the summary of the changes:
| Rule | Earlier Position | Amended Position |
| 6(1A) | Patent agent to submit documents by electronic means and in addition to submit original documents within 15 (fifteen) days. | Rule 6 (1A) is substituted to remove the mandatory filing of original documents by the patent agent. Now patent agent to submit original document only if asked by the Department. |
| 7(1) | Small entity was to file Form-28 with every document for which fee is prescribed. | Second proviso to the rule is amended to include a ‘start-up’ to file Form-28. |
| 24C(1) | Small entity could file a request for expedited examination of application in Form-18A. | New sub-clauses are added for filing of Form-18A for expedited examination, which include:
|
| Sch.I | Entry number 48 provides the transmittal fee payable for international application. | A new entry 48A is inserted whereby no fee is payable for transmittal fee for international application through e-PCT filing. |
| Sch.I | Entry number 49 provides the fee payable for preparation of certified copy of priority document and transmission of the same to the International Bureau of World Intellectual Property Organization. | A new entry 49A is inserted whereby no fee is payable for preparation of certified copy of priority document and e-transmission through WIPO DAS. |
| Sch. II | Form-18A which provides for request for expedited examination of application for patent | The form is amended to substitute paragraph 3 with additional grounds for request for examination and addition of paragraph 4 mentioning documents to be mandatorily submitted as evidence of eligibility for availing expedited examination. |
Source: http://egazette.nic.in/WriteReadData/2019/212575.pdf