The Patents (Amendment) Act,2002 ( except the provisions relating to the Appellate Board)
and the Patents Rules,2003 have come into force with effect from 20.5.2003.

• Term of every patent which is in force including a patent restorable, U/S. 60 as on 20.5.2003 has now become 20 years from date of filing.

• Time for restoration of a ceased patent, U/S 60 has now increased from 12 months to 18 months as such an application for restoration of a patent ceased on or after 20^th May,2003 can be filed within 18 months from the date of ceasession.

• A new definition of "Invention" means a new product or process involving inventive step and capable of industrial application; has now come in force.

• A method or process of testing during the process of manufacture will now be patentable.

• Process defined, U/S 3(i) in case of plants, are now patentable while a process for diagnostic and therapeutic has now been considered as non patentable,

• A list of Authorized Depository Institutions have been notified (annexed hereto) in the Gazette Of India, Part II, Section 3 sub-section (ii) dated 20.5.2003 for depositing the biological materials mentioned in the specification at the time of filing a patent application.

• The source of Geographical origin of the biological material used in invention is required to be disclosed in the specification.

• 18 months publication has been introduced, therefore, every patent (except in which a secrecy direction is given U/S 35) will now be published just after 18 months from the date of filing/priority and will be open for public on payment. As such the filing intimation being published in the Gazette immediately after filing has been stopped.

• A request for examination system has been introduced and therefore all the patent applications in which First Examination Report has not been issued on or before 19^th May,2003 will now be examined U/S 12 only after filing a request for examination on Form –19 with prescribed fee.

• The applications for patent will now be examined in serial order in which the request for examination is filed.

• In case the application has been filed before the commencement of this Act, the request shall be made within a period of twelve months from the date of commencement of the Act ie. 20^th May 2003 or 48 months from the date of application, whichever is later.

• Provision for filing request for examination by any other interested person (other than applicant) also has been introduced.

• Provision for the withdrawal of application by applicant any time before grant has been introduced.

• Time for putting the application in order for acceptance U/S 21 has now been reduced from 15/18 months to 12 months.

• Ground of opposition U/S 25 as well as revocation U/S 64 have been enlarged by adding following grounds:

1. Non disclosure or wrongly mentioning the source of geographical origin of biological material used for invention;
2. Anticipation having regard to the knowledge oral or otherwise available with in local or indigenous community in India or elsewhere.

• Section 39 in modified form prohibiting filing patent application outside India, inventions limited to the fields of defence purposes or atomic energy has been reintroduced.

• Opposition Proceedings U/S 25 have been simplified and shortened, fixing hearing is not compulsory, if the applicant does not file reply statement and evidence, application will be deemed to have been abandoned. 

• Provision for extension of time up to 6 months for paying the overdue renewal fees initially i.e. renewal fees, which have become due, due to the late grant of patent can now be paid within 9 months from the date of recordal by taking an extension on Form – 4.

• Charges for supplying the photocopies of the documents available in the Patent Office have now been reduced from Rs. 10/- to Rs. 4/- per page.

• Charges for amendments in name, address, nationality, and address for service, payable on Form – 13 have been drastically reduced from Rs. 1000/ 6000 to Rs. 200/500.

• Patent Applications and other documents (except PCT International application) are now required to be filed only in duplicate. Documents can now be filed 1 copy in electronic form with one hard copy (paper form).

• Fees required to be paid on documents can now be paid within 1 month from its date of filing.