2024 Amendments to India's Patent Rules: Unlocking Cross-Border IP Opportunities

The Indian Ministry of Commerce and Industry in March 2024 published changes to its 2003 Patent Rules. These applicant-friendly changes include eased disclosure obligations for foreign applications, improved practices regarding divisional applications, a shortened timeframe for examination requests from 48 months to 31 months, and the introduction of a formal grace period for submissions following public disclosure. The Patent (Amendment) Rules 2024 aim to harmonize Indian patent practices with US and European practices and provide practitioners new opportunities to strategize and strengthen their patent portfolio. Nonetheless, risks remain. This report discusses the opportunities and risks in detail.