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GRAFFITI #5
Recent Developments in the Indian Patent Regime
The Indian Patent Office has introduced recent developments in the patent framework through the Draft Amendments to the Patents Rules, 2003, which propose a formal Code of Conduct for patent agents, and through the issuance of Guidelines governing the examination of applications relating to AYUSH-related inventions.
Draft Amendments to the Patents Rules, 2003
The Draft Rules introduce a formal Code of Conduct to regulate the professional conduct and discipline of patent agents, mandating compliance by all agents appearing before the Controller. The Code of Conduct set out in the newly inserted Sixth Schedule regulates patent agents’ duties towards clients, the Patent Office, and fellow professionals, requiring them to act in good faith and with reasonable care and due diligence. It further prohibits agents from engaging in fraudulent or unethical conduct, including misrepresentation, concealment, and forgery, in their professional dealings. Any contravention to the Code constitutes a professional misconduct. The Controller is empowered to update the Code through official publications, ensuring its continued relevance.
A structured complaint and adjudication framework is established through newly inserted Rules 119A to 119I. Any aggrieved person may file an electronic complaint in Form 34 within six months of gaining knowledge of the alleged misconduct, and the Controller may also initiate proceedings suo motu. Complaints are examined by a Disciplinary Committee comprising senior Patent Office officials and experienced patent agents, subject to conflict-of-interest safeguards. The Committee assesses the merits and submits its recommendations to the Controller, who may issue notice to the concerned agent to file a reply within one month. Hearings may be conducted in physical, virtual, or hybrid modes, and proceedings are to be completed within three months. Based on the Committee’s recommendations, the Controller may impose penalties ranging from warning or censure to removal of the agent from the Register under Section 130 of the Patents Act, 1970, with all orders digitally signed and published.
Guidelines for Examination of AYUSH Related Inventions
The Guidelines for Examination of AYUSH Related Inventions lay down the procedural framework and substantive principles governing the filing and examination of inventions relating to Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homoeopathy. They clarify that AYUSH-related inventions are patentable only if they comply with the Patents Act, 1970, the Patents Rules, 2003, and the Biological Diversity Act, 2002, satisfy the statutory requirements of novelty, inventive step, and industrial applicability, and do not fall within the exclusions under Sections 3 and 4 of the Patents Act. Further, where inventions involve the use of biological resources native to India, prior approval of the National Biodiversity Authority is mandatory under Section 6 of the Biological Diversity Act.
The Guidelines articulate six guiding principles to assist in assessing patentability, emphasising that mere discovery of known plant extracts, optimisation of known formulations, or obvious combinations rooted in traditional knowledge are not patentable unless supported by unexpected technical or synergistic effects, while novel processes and innovative devices used in AYUSH practices may qualify for protection. In support of rigorous examination, Annexure I identifies key traditional knowledge and AYUSH-specific databases for prior art searches. Collectively, the Guidelines draw a clear distinction between traditional knowledge and genuine innovation, thereby providing much-needed clarity on the patentability threshold for AYUSH-related inventions.
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