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The  MINISTRY OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) has published  Draft Patent (Amendment) Rules, 2018 (Draft Rules) Patents Act 1970  for objections and suggestions on the 4th December, 2018. (01 month for objections and suggestions) The key focus of these rules are mainly amended with respect to  international applications, patent opposition  and a few  form related extensions . The Central Government proposes to make these amendments in exercise of the powers conferred by section 159 of the Patents Act, 1970 and also change the  Controller’s role  in case of opposition proceedings. The amendment can divide in mainly two parts: 1. Amendments to Rules 2. Amendments to Schedules (Including forms) Given below are the key highlights of actual sections of Patents Act and the respective changes made to them are highlighted or in bold: 1. Amendments to Rules Sr. No. Before ...

·   Recently, The U.S. Patent and Trademark Office  announced  a propose change to the standard for construing both unexpired and amended patent claims in The Patent Trial and Appeal Board (The PTAB) proceedings under the America Invents Act (“AIA”).  ·   The change would replace the current Broadest Reasonable Interpretation (“BRI”) standard with the standard articulated in  Phillips v. AWH Corp . (415 F.3d 1303, Fed. Cir. 2005).   ·   This change would harmonize the claim construction standard applied in Inter Partes Review (IPR), Post-Grant Review (PGR), and Covered Business Method (CBM) patent proceedings before the Patent Trial and Appeal Board (PTAB) with the one used by federal district courts and the International Trade Commission (ITC).   ·   The proposed amendment would also allow the PTAB to consider any prior claim construction determination concerning a term of the involved claim in a c...