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On 19 August 2026, the Indian Patent Office published a new Draft Manual of Patent Office (Practice & Procedure), inviting comments and suggestions from stakeholders within 30 days. The draft is intended to update the existing 2019 Manual and reflects developments in Indian patent law and Patent Office practice over the intervening years.
The draft provides guidance across a broad range of patent-office procedures, including filing and prosecution, examination and grant, opposition proceedings, patent agents, appeals and other procedural matters. It also seeks to incorporate developments arising from amendments to the Patents Rules and subsequent judicial decisions.
Of particular practical interest are provisions addressing matters such as proof of right, Form 26, electronic filing, examination requests, divisional applications, Section 3(k) and computer-related inventions, WIPO CASE/DAS-related processes, second examination reports, hearings and review proceedings.
Importantly, the document is a draft practice manual and not legislation. It does not replace the Patents Act, the Patents Rules or binding judicial decisions. Accordingly, applicants should treat it as an important indication of proposed/current administrative practice rather than as an independent source of substantive law.
Revised Draft Manual of the Trade Marks Office
On 21 August 2026, the Trade Marks Office published a Revised Draft Manual of the Trade Marks Office (Practice & Procedure) and invited stakeholder comments within 15 days. The stated objective is to promote greater clarity, consistency and uniformity in trade mark practice.
The proposed Manual covers the life cycle of a trade mark, including filing and prosecution, examination, opposition, post-registration proceedings and general administration.
Notable areas include:
- A more detailed framework concerning prior use and evidence of use;
- Primary and secondary evidence relating to use;
- A dedicated framework concerning well-known trade marks, including eligibility, documentation and objections;
- Strengthened guidance on examination on absolute and relative grounds; and
- Guidance concerning opposition, rectification and post-registration proceedings following the abolition of the IPAB framework.
What this means for clients
The proposed Manuals may ultimately provide greater predictability in dealing with the Indian IP Offices. For patent applicants, this makes it particularly useful to review India-specific prosecution practices, while trade mark owners should continue maintaining comprehensive evidence of adoption, use and commercial activity.
Our view: The Manuals should be closely monitored through finalization. We do not recommend treating draft provisions as binding until the final position is formally adopted.
Disclaimer: This update is intended for general informational purposes and does not constitute legal advice. The Patent and Trade Marks Manuals and the pharmaceutical and biotechnology examination guidelines discussed above are drafts and may be amended before finalization. The applicable legislation, Rules, judicial decisions and final Office practice should be considered when advising on any specific matter.
Sources: Indian Intellectual Property Office (IP India); International Trademark Association; publicly available commentary on the 2026 draft materials.
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