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.
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