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|国际修法| 印度专利修法草案【冠中国外部】

2019/7/19

Draft Rule 21, Sub-rule (2) reduces the high cost previously paid by applicants for translation of priority documents and Sub-rule (3)provides non-extendable time limit for submitting the certified copies of priority documents and English translations.

修正专利施行细则草案第21条第2项免除了优先权证明文件翻译的费用,而第3项将优先权证明文件及其英文翻译的提交期限修改为不得延期。

The proposed time limit to file the verified English translation of the priority document is three months from the date of request from the Controller. As per the proposed amendment and inaccordance with Rule 51bis.1 (e) of regulations under the Patent Cooperation Treaty (PCT), verified English translations of priority documents will only need to be submitted to the Patent Office when the priority claim is obligatory to determine if the invention is patentable, or when the international application filed was half-finished and the applicant claims that the missing information was fully contained in the priority document.

提交优先权英译证明文件的期限为自审查委员发出要求日起 3 个月内,针对 PCT 进入印度国家阶段之申请案,优先权英译证明文件只有在优先权对可专利性有影响时才须提交,或是PCT国际专利申请案提交的申请不完整且申请人主张优先权文件当中涵盖了缺漏的信息时须提交。

No extensions of time are permitted for filing the certified copy of the priority document, irrespective of whether the priority document is in English or in any other language. Where the applicant does not comply with the requirements, the claim of the applicant for the priority shall be disregarded for the purposes of the Act.

提交优先权证明文件之期限不得延期,无论优先权证明文件为英文或其他语言,若未依时提交,将会被视为未主张优先权。

Draft rule 131 of the principal rules, for sub-rule (2), the following sub-rule allows a patentee to skip submitting Form 27 for the year in which the patent was granted.

The Form-27 shall be furnished once in respect of every calendar year, starting from the calendar year commencing immediately after the calendar year in which the patent was granted and within three months from the end of such year.

修正专利施行细则草案第131条第2项,允许专利权人不再需要于专利核准当年提交商业使用声明(Form27)。

Form 27专利使用声明提交期限改成从授予专利权后的日历年开始,且于该日历年底前的 3 个月内提交。

The proposed revisions to the Form 27 format:

A new and updated Draft Form 27 is unambiguous, which eliminates the requirement of providing the formerly vague "quantum of patented product" manufactured in India or imported into India’s part of the commercial working statement. Instead, it now asks for "approximate value accrued in India" (in Indian rupees) to the patentee(s)/licensee from both manufacturing and importing the product into India. The proposed version brings in precision by asking for the ‘approximate value accrued in India from the patented product’ to the patentee/licensee filing the statement through manufacturing in India and importing into India.

细则提议更新Form 27

新的Form27清楚、明了,专利权人/被授权人无需于年度商业使用报告里提供在印度制造或进口到印度的专利产品数量,只要求陈报专利权人/被授权人在印度制造或进口该专利产品的大概价值利益。使专利权人/被授权人能够准确提供有关其核准产品或方法之使用的相关讯息。

Also separate segments are provided for product and process patents and the respective value accrued. The amended Form asks the patentee/licensee to state the approximate value accrued in India to them from the product(s) obtained directly by that ‘process’ through manufacturing in India and importing into India. The patentee(s)/licensee are no longer required to submit country wise details of the value and quantum of the patented product imported into India, Steps being taken towards working (if patent has not been worked) and the licenses and sub-licenses granted during the year.

再者,新的 Form 27 新增用于提交专利方法、产品、累计价值与相关讯息之字段,要求专利权人/被授权人陈报使用方法专利在印度制造或进口到印度产品的估计利益。

In the proposed version of the Form, a separate paragraph has been inserted asking whether patent has been worked or not and the words “Give whatever details are available” have been replaced by the words “If worked, details”

The revised Form also sets a word limit of 500 words for the statement on explanation for not working the patent. Further the proposed version mandates disclosure of the details of all related patents and the value accrued from all such patents, if the value accrued from a patent cannot be derived separately from the value accrued from related patents, the patentee(s) can provide the details of all the patents, including the patent numbers and a value derived from all the patents together, provided all the patents are granted to the same patentee(s).

修正后的form27,加入分栏可以填入专利是否已实施及其详细说明,取代原本模糊的字段,也加入限制500字来说明没有实施专利的解释。也揭露了所有相关专利细节与专利价值的累计。若专利的累计价值无法从相关专利细分出来,专利权人可以提供所有专利的细节,包括专利号及所有专利的价值累计,表示为同一专利权人所有。

Further with the anticipated amendment, it also states that Form is required to be filed by every patentee/s as well as the licensee/s (exclusive or otherwise). If there are two or more patentees, they may file the Form jointly; however, each licensee shall file this Form individually.

所有专利权人/被授权人(专属授权或非专属授权)都须提交Form27,若有同一专利有多位专利权人,可以共同提交一份。然而,每位被授权人则需分别提交。

 

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