Intellectual Property Office (India) have come up with clarifications on Notice on expeditious disposal of Patent applications by reducing Hearing Intimation Period, Number of Adjournments and Period of Adjournments to its earlier notice dated 26 December, 2022.
In the previous Notice dated 26.12.2022 following were notified:
- Reduced the period of hearing intimation from 30 days to 10 days.
- No more than 2 adjournments to be granted to any party
- Period of adjournment reduced from 30 days to 10 days (in view of public interest though still it is 30 days under relevant Patent Rule).
This had given rise to certain miscommunications amongst various stake holders of the patent system like patent attorney, patent applicant. Therefore, Intellectual Property office have issued further notification clarifying the import of the earlier notice.
Following clarifications have been published by IPO through Notice dated 19.01.2023:
“The stakeholders are hereby informed that in matters where minor procedural issues are involved, this Office will endeavour to offer a shorter time period, while in substantive matters related to analysis of prior arts, claim construction etc., a longer period would be offered in accordance with the Act and Rules. It is also clarified that (i) in accordance with the principles of natural justice, a fair opportunity to defend would be given to the parties; and (ii) adverse action would not be taken solely on the basis of this Public Notice. All the stakeholders are therefore, requested to support the Indian Patent Office in this regard for expeditiously disposing such long pending matters.”
Notice dated 16 January, 2023 – Link
Notice dated 26 December, 2022- Link
Article by Swarupa Ghosh Law Chamber – Advocates- Solicitors-Patent & Trademark Attorney