New Patent Rules 2024: Stricter Pre-Grant Opposition Standards Raise Concerns

The Patent (Amendment) Rules, 2024 introduce stricter Pre-Grant Opposition (PGO) rules under Rule 55(3), requiring opponents to establish a prima facie case before a patent challenge is considered.

A recent ruling by the Patent Office in Pharmazz Inc.'s case marked the first known application of this rule.

The amendments aim to reduce weak challenges but increase the burden on opponents, favouring patentees.

Concerns arise over weakened Section 8 disclosure requirements, affecting transparency.

While these changes may streamline the patent process, experts argue they fail to address deeper inefficiencies in India's patent system.