The Government of India notified the much-awaited amendments in the Patents Rules on May 5, 2006. The amendments, however, left untouched the reduction in the official fee for excess claims and pages. The following are the key features of the amendments, which mostly relate to changes in timelines. These timelines shall apply for all patent applications pending as on May 5, 2006:

• Request for Examination time line is changed. It is now 48 months from the date of priority or the date of filing the application whichever is earlier.
• Examination is now time-bound. An application to be referred to an Examiner, by the Controller, within 1 month from the date of publication, or the date of RFE, whichever is later. The Controller has to dispose off an examination report of the Examiner within 1 month of its receipt from the Examiner. The First Examination Report to be issued within 6 months from the date of RFE or the date of publication, whichever is later.
• Timeline to put application in order for Grant is now 12 months from the date of issue of the FER. No extension available.
• Opposition to Grant of Patent. No application to be granted before the expiry of 6 months period from the date of publication of the application. Specific description of timeline to file Representation for opposition is omitted. However, at least 6 months period is provided from the publication to file a Representation for
  Opposition. Period to respond to Notice of Representation increased from 1 to 3 months.
• Foreign Filing Permission. Foreign Filing Permission to be issued within 21 days of making such request.
• Information under Section 8. Details of corresponding applications to be submitted within 6 months of Indian Filing Date. Subsequent details to be submitted within 6 months of such corresponding filing date. Search and Examination reports to be submitted within 6 months of receiving any notification in this regard.
• Proof of Right. Proof of Right to be submitted within 6 months of the Indian Filing Date.
• Publication of Application. Applications to be published in the Patent Office Journal within 1 month of the expiry of 18 months period or within 1 month of making a request for early publication.

For a detailed report on the Request For Examination (RFE) timelines or other amendments in the Rules, please feel free to contact our Group on Research Publications & Programs at mail@lexorbis.com