SpicyIP Tidbit: Patent Office to make updated patent specifications available under Rule 27

The Controller General of Patents – P.H.Kurian – has issued an Office Circular today stating that the latest updated patent specifications will be available, under Rule 27 of the Patent Rules, for inspection and that copies of the same will be provided to the public.

Rule 27 of the Patent Rules which provides for the ‘Inspection of published applications’ states the following: “After the date of publication of the application under Section 11A, the application together with the complete specification and provisional specification, if any, drawing, if any, and the abstract filed in respect of the application may be inspected at the appropriate office by making a written request to the Controller on payment of fees specified in the First Schedule in that behalf”.

The usual practice of the patent office, under Rule 27, was to provide the public with only a copy of the patent specification, as filed, even if the patent specification had been changed consequently. The latest Office Circular clarifies that the right procedure under Rule 27 is to provide the specification as on the date of a Rule 27 application and not the specification as filed along with the original patent application.

This latest Office Circular will have the effect of greatly increasing transparency at the patent office at the pre-grant stage.

Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

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