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Indian IP and Tech Policy: Consultations and Developments

Indian ministries usually take consultation comments clause by clause. Draft yours in that structure, then paste it into the submission form or a covering letter.

Key developmentsUpdated Oct 2026 · 5 items

  1. EU Digital Omnibus on AI enters into force

    Regulation (EU) 2026/1744 moves Annex III high-risk duties to 2 December 2027 and Annex I to 2 August 2028; transparency duties stay on 2 August 2026.

    Source: EUR-Lex ↗
  2. India introduces mandatory labelling for AI-generated content

    IT Rules amendment, in force 20 February 2026: prominent labels, provenance metadata, user declarations on large platforms and 3-hour takedowns.

    Source: Hogan Lovells ↗
  3. DPIIT working paper proposes a hybrid licensing model for AI training

    A mandatory blanket licence for training on copyrighted works, with government-set royalties due once the AI is commercialised. Comments closed about 7 January 2026.

    Source: Fox Mandal ↗
  4. DPDP Rules notified, phased over 12–18 months

    Data Protection Board set up first; consent-manager and substantive data-fiduciary duties follow over 12 to 18 months.

    Source: Mondaq ↗
  5. MeitY releases India AI Governance Guidelines

    Principles-based, light-touch framework under the IndiaAI Mission; relies on existing law rather than a new AI statute.

    Source: SCC Online ↗

Consultation Comment Builder

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Submission text
To: Office of the Controller General of Patents, Designs and Trade Marks
Subject: Comments on Draft amendment to the Patents Rules (example)
From: Your name, organisation

GENERAL COMMENT
Shorter statutory timelines help disposal rates only if extension practice is predictable. The comments below ask for clear, published criteria for extensions.

CLAUSE-WISE COMMENTS

1. Rule 24C(6)
   Issue: Extension of the FER response period is discretionary, with no published criteria.
   Proposed change: Insert: "The Controller shall ordinarily allow the extension where the request is filed within the period under sub-rule (5) and states reasons."
   Justification: Predictable extensions reduce abandonment of meritorious applications by small and foreign applicants.

2. Rule 131(1)
   Issue: Three-year Form 27 periods are counted from the financial year after grant, which is easy to misdocket.
   Proposed change: Publish the due date for each patent on the patent register entry.
   Justification: Reduces inadvertent non-compliance and supports accurate public information on working.

Submitted for consideration.

Desk reference · Core Indian instruments

InstrumentGovernsAdministered by
Patents Act, 1970 and Rules, 2003Patentability, prosecution, working, compulsory licensingCGPDTM under DPIIT
CRI GuidelinesExamination of computer-related inventions under s.3(k)CGPDTM
Copyright Act, 1957Software, content, assignment and licensing formalitiesCopyright Office under DPIIT
Designs Act, 2000Industrial designsCGPDTM
Trade Marks Act, 1999Marks, including well-known mark determinationsCGPDTM
Information Technology Act, 2000Electronic records, intermediaries, cyber offencesMeitY
Digital Personal Data Protection Act, 2023Processing of personal data, including in AI trainingMeitY and the Data Protection Board

Tools

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India IP & Digital Reform Tracker

Rules, guidelines and bills affecting IP and data, with status and the date each took effect.

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AI Inventorship: US · EP · IN

Where each office stands, the leading decisions, and what applicants are doing in practice.

In the workshop

Open Consultations

Consultations open for comment, with the deadline and a link to the draft.

Questions practitioners ask.

Short answers to the questions US patent attorneys and in-house teams ask most about India, with the rule behind each one. Reviewed October 2026.

How do you submit comments on an Indian government consultation?

Follow the notice: most ministries ask for comments by email to a named address, in a clause-by-clause table giving the provision, the proposed change and the justification, within a fixed window that is often 30 days.

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FFL Planner

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Built by a practitioner, for practitioners. New tools are added to each track as they are finished.