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The Government of India, by way of a gazette notification dated
February 9, 2021, has circulated Draft Patent Amendment Rules, 2021 (Draft
Rules) seeking comments of the stakeholders by March 9, 2021.
The Draft Rules proposes to include eligible education
institution as an added category of applicants which can
avail and file request for expedited examination of patent
applications under Rule 24C of the Patents Rules, 2003. As per the
Draft Rules, an eligible education institution means an
institution established by a Central, Provincial or State Act,
which is owned or controlled by the Government and is wholly or
Sections (22.01 to 22.21) last updated: January 2021
Introduction
22.01
Section 74B of the Patents Act 1977 provides for a review of an opinion. An application may be filed by the patent proprietor or an exclusive licensee.
22.02
An application for a review needs to be filed before the end of the period of three months beginning with the date on which the opinion has been issued.
22.03
An application may be made on the following grounds only:
that the opinion wrongly concluded that the patent in suit was invalid, or was invalid to a limited extent; or
that, by reason of its interpretation of the specification of the patent in suit, the opinion wrongly concluded that a particular act did not or would not constitute an infringement of the patent (rule 98(5))