PATENTS
RULES, 1972
PRELIMINARY
1. Short title
and commencement
2. Definitions
6. Leaving and
serving documents
7. Fees
8. Forms
10. Signature
and verification of documents
APPLICATIONS FOR PATENTS
11. Period
within which proof of the right to make the application shall be furnished
12. Order of
recording applications
13. Statement
and undertaking regarding foreign applications
14. Specifications
15. Amendments
to specifications
16. Drawings
17. Size of
paper, etc. on which drawings shall be furnished
19. Further
particulars about drawings
20. Models
INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY
20A. Definitions
20B. Appropriate office in relation to international
applications
20C. International
applications filed with Patent Office as receiving office
20D. International
applications designating or designating and electing India
20E. Filing of priority Documents
20F. Effect of non-compliance
with certain requirements
20G. The requirements
under this Chapter to be supplemental to the Regulations, etc., under the
Treaty
EXAMINATION OF APPLICATIONS
21. Procedure
in case of anticipation by prior publication
22. Procedure
in case of anticipation by prior claiming
23. Amendment
of the complete specification in case of anticipation
24. Extension
of the period specified in rules 22 and 23
25. Form of
reference to another specification
26. Procedure
in case of potential infringement
27. Form of
reference to another patent
28. Form of application under sub-section (2) of section 19
29. Manner in
which a claim under section 20(1) shall be made
30. Manner in
which a request may be made
31. Manner of
application under section 20(5)
32. Numbering
of applications on acceptance of the complete specification
33. Inspection
of application, specification, etc.
EXCLUSIVE MARKETING RIGHTS
33B. The
application for grant of exclusive marketing right
33C. Controller
to refer application
33D. Report of examiner
33E. Notifying
of grant or refusal of exclusive marketing rights
33F. Personal
documents, etc. in relation to inventions
33G. Appropriate
tests
33H. Form for
grant of exclusive marketing rights
33J. When a
prima-facie case is not make out.
33K. Notice of
opposition against grant of compulsory license or revocation of exclusive
marketing rights
33L. Manner of
advertisement of the order for revocation of exclusive marketing rights
33M. Application
for the revision of the terms and conditions of a license
33N. Procedure
to be followed in case of application under rule 33M
33O. Reference to public interest
33P. Register of
exclusive marketing rights
OPPOSITION TO GRANT OF PATENT
34. Manner of application for extension of time under
section 25 (1).
35. Filing of notice of
opposition
36. Written
Statement of opposition
37. Time for
filling reply statement
38. Omitted
39. Omitted
40. Reply
evidence by opponent
41. Further
evidence to be left with the leave of the Controller
42. Number of
copies to be supplied of documents
44. Hearing
46. Time within
which complete specification is to be amended under section 27
49. Manner of
request under section 28(2)
50. Manner of
making a claim under section 28(3)
51. Form of
application to be made under sub-section (7) of section 28
52. Procedure
for the hearing of claim or an application under section 28
SECRECY DIRECTIONS
54. Communication
of result of reconsideration under section 36(2)
55. Extension
of time on revocation of secrecy directions under section 38
SEALING OF PATENTS
57. Form of
patent
58. Amendment
of patent under section 44
59. Manner of
applying for directions under section 51(1)
60. Manner of
application under section 51(2)
61. Procedure
for the hearing of proceedings under section 51
62. Manner of
request under section 52(2)
63. Renewal
fees
64. Omitted
AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
65. Amendment
of application or specification
66. Preparation
of amended specifications, etc.
67. Advertisement
of the amendments allowed
RESTORATION OF PATENTS
70. Payment of
unpaid renewal fees
SURRENDER OF PATENTS
REGISTER OF PATENTS
73. Registration
of documents under section 68
74. Registration
of title and interest in patents
75. Presentation
of assignment, etc., of patent to Controller
76. Registration
of title or interest in a patent
79. Inspection
of register of patents and fees payable therefor
COMPULSORY LICENCES ENDORSEMENT OF PATENTS WITH THE WORDS “LICENCES OF
RIGHT” AND REVOCATION
80. Application
for compulsory licence etc.
81. When a
prima facie case is not made out
82. Notice of
opposition under section 92(2)
83. Manner of
application under section 88(2)
84. Manner of
applying under section 88(4)
85. Manner of
advertisement of the revocation order.
86. Application
under section 93(5)
87. Procedure
to be followed in case of applications under section 93(5)
SCIENTIFIC ADVISERS
88. Roll of
scientific advisers
89. Mariner of
application for inclusion in the roll of scientific advisers
90. Inclusion
of the name of any other person in the roll of scientific advisers
91. Power to
relax
92. Removal of
names from the roll of scientific advisers
PATENT AGENTS
93. Particulars
to be contained in the register of patent agents
94. Application
for registration of patent agents
95. Particulars
of the qualifying examination for patent agents
96. Registration
of patent agents
97. Details to
be included in an application for the registration of a patent agent
98, Registration
of patent agents under section 126(2)
99. Disqualifications
for registration as a patent agent.
100. Payment of
fees
101. Deletion
of a name from the register of patent agents
102. Restoration
of names of persons removed from the register of patent agents
103. Alteration
of names etc. in the register of patent agents
104. Refusal to
recognise as patent agent
105. Publication
of the names of patent agents, registered under the Act
MISCELLANEOUS
106. Address of
all communications
107. Correction
of clerical errors
108. Manner of
advertisement of the proposed correction of any error
109. Manner and
time of opposition to the making of corrections
110. Notification
of corrections
112. Exhibits
113. Directions
not otherwise prescribed
114. Exercise of
discretionary power by the Controller
115. Application
for review of decisions or setting aside of orders of the Controller
116. Manner of payment of compensation
117. Form and
manner in which statements required under section 146 (2) to be furnished
118. Form of
application for the issue of a duplicate patent
119. Supply of
certified copies and certificates
120. Request
for information under section 153
121. Agency
122. Scale of
costs
123. Powers of
Controller generally
124. Powers to
extend the time prescribed
125. Hearing
before the Controller to be in Public in certain cases
126. Repeal and
Amendment of the Indian Patents and Designs Rules, 1933
THE FIRST SCHEDULE - Fees
THE SECOND SCHEDULE - List of Forms and
Forms of patent
THE FOURTH SCHEDULE - Scale of costs
allowable in proceedings before the Controller
THE FIFTH SCHEDULE- Amendments to
the Indian Patents and Designs Rules, 1933
PATENTS RULES, 19721
1. Vide
Not. No. S.O. 301(E), dt. 20.4.1972, published in GOI (E), dt. 20.4.1972, pp.
735 -805
CHAPTER I
PRELIMINARY
1. Short
title and commencement. -
(1) These
rules may be called the Patents Rules, 1972.
(2) Save as
otherwise provided in these rules, these rules shall come into force on the
twentieth day of April 1972.
Provided that rule 21, rules 49 to 53, rule 73 and rules 93 to 105,
which relate to sub-section (2) of section 12, sub-section (2) of section 13,
section 28, section 68 and sections 125 to 132 of the Act respectively shall
come into force on the date on which the said sections are brought into force.
2. Definitions.
- In these rules,
unless the context otherwise requires,-
(a) “Act”
means the Patents Act, 1970 (39 of 197.0);
(b) “Appropriate
office,” means the appropriate office of the Patent Office as specified in rule
4;
(c) “Article”
includes any substance or material, and any plant, machinery or apparatus,
whether affixed to land or not;
(d) “Form”
means a Form specified in the Second Schedule;
(e) “Schedule”
means Schedule to these rules;
(f) “Section” means a section
of the Act;
(g) Words
and expressions used, but not defined in these rules, shall have the meanings
respectively assigned to them in the Act.
3. Prescribed
particulars. - Save as otherwise provided in these rules, the particulars contained in
a Form are hereby prescribed as the particulars, if any required under the
relevant provision or provisions of the Act.
(1) The
appropriate office of the Patent Office shall-
(i) For all the proceedings under the Act,
other than those “[under sections 24A, 24B, 24C, 43, 44, 51, 52, 60, 65, 68,
69, 125, 153 and 154], be the Head Office of the Patent Office or the branch
office, as the. case may be, within whose territorial limits-
1[(a)
The applicant or first mentioned
applicant in case of joint applicants for a patent normally resides or has his
domicile or has a place of business or the place from where the invention
actually originated; or
(b) If the
applicant for a patent or party in a proceeding has no place of business or
domicile in India, the address for service in India given by the applicant or
party is situated, and,]
(ii) For
proceedings 2[undersection24A,24B,24C,43,44,51,52,60,65,68,69,
125, 153 and 154] be the head office of the Patent Office.
(2) Notwithstanding anything contained in
sub-rule (1), until branch offices are established in accordance with the
provisions of sub-section (3) of section 74, the appropriate office for all
proceedings under the Act shall be the head office of the Patent Office at
Calcutta.
3[(3)
The appropriate office decided in
respect of any proceedings under the Act shall not ordinarily be changed.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
2. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
3. Ins.
by S.O. 411 (E), dt. 2.6.1999, w.e.f 2.6.1999.
5. Address
for service. - Every person, concerned in any proceedings to which the Act or these
rules relate and every patentee, shall furnish to the Control and address for
service in India and that address may be treated for all purposes connected
with such proceedings or patent as the address of the person concerned in the
proceedings or of the patentee. Unless
such an address is given, the Controller shall be under no obligation either to
proceed or deal with any proceeding, or patent or to send any notice that may
be required to be given under the Act or these rules.
6. Leaving
and serving documents. -
1[(l)
Any application, notice or other
document authorised or required to be filed, left, made or given at the Patent
Office, or to the Controller or to any other person under the Act or these
rules, may be sent by hand or by a letter addressed to the Controller at the
appropriate office or to the person through post or registered post or speed
post or courier service and if it is sent by post, or registered post or speed
post or courier service it shall be deemed to have been filed, left, made or
given at the time when the letter containing the same would have been delivered
in the ordinary course of post or registered post or speed post or courier
service, as the case may be. In proving
such sending, it shall be sufficient to prove that the letter was properly addressed
and mailed. If the documents sent
through Tele-Fax, are clear and fully legible, they shall also be accepted
provided that the original document corresponding to the one sent by Tele-Fax
is submitted to the appropriate office within fifteen days from the date of
receipt of the document so faxed.]
(2) Any
written communication addressed to a patentee at his address as it appears on
the register of patents or at his address for service given under rule 5, or to
any applicant or opponent in any proceedings under the Act or these rules, at the
address appearing on the application or notice of opposition or given for
service, shall be deemed to be properly addressed.
2[(3)
All notices and all written
communications addressed to a patentee, or to any applicant or opponent in any
proceedings under the Act or these rules, and all documents forwarded to the
patentee or to the said applicant or opponent shall, except when they are sent
by special messenger, be sent by registered post acknowledgment due.]
3[(4)
The date of a notice or a written communication
addressed to a patentee or to any applicant or opponent in any proceedings
under the Act and these rules shall be the date of dispatch of the said notice
or written communication, as the case may be, unless otherwise specified under
the Act or these rules.
(5) In case
of postal delay in receipt of a document or a communication sent by the patent
office to a party to any proceedings under the Act or these rules, the delay in
transmitting or resubmitting a document to the patent office or doing any act
by the party may be condoned by the Controller if a petition for such
condonation of delay is made by the party to the Controller immediately after
the receipt of the document or a communication along with a statement stating
the circumstances of the fact and evidence in support of the statement,
provided that the delay thus condoned by the Controller shall not exceed the
period between the date on which the party was supposed to have received the
document or communication by ordinary course of mail and the actual date of
receipt of the same.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
2. Ins.
by S.O. 2908, dt. 31.7.1976, w.e.f 14.8.1976
3. Sub-rule
(4) and (5), ins. by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
7. Fees.
-
(1) The fees
payable in respect of the grant of patents and applications therefor and in
respect of other matters for which fees are required to be payable under the
Act shall be as specified in the First Schedule.
(2) 1[(a) The fees payable under the Act may either
be paid in cash or may be sent by bank draft or cheque payable to the
Controller and drawn on a scheduled bank at a place where the appropriate
office is situated. If the draft or
cheque is sent by post, the fees shall be deemed to have been paid on the date
on which the draft or cheque reached the Controller in the ordinary course of
the mail].
(b) Cheques
or drafts not including the correct amount of commission and cheques on which
the full value specified therein cannot be collected in cash within the time
allowed for payment of the fees, shall be accepted only at the discretion of
the Controller.
(c) Stamps
shall not be received in the payment of any fees payable under the Act.
1[(d) Where a fee is payable in respect of a
document, the entire fee shall accompany the document.
Provided that the Controller may accept the fee in part or allow whole
of the fee to be paid at any time within fifteen days from the date of filing
of the document and in that event the document shall be deemed to have been
filed on the date on which the full fee has been paid.]
2* * * * * *
* * * * *
*
3[(3)
In case an application processed by an
individual is fully or partly transferred to a legal entity other than an
individual, the difference, if any, in the scale of fee(s) between the fee(s)
charged from an individual and the fee(s) chargeable from the legal entity
other than the individual in the same matter shall be paid by the new applicant
with the request for transfer.
(4) Fees once paid in respect of any
proceeding shall not be returned irrespective of whether the proceeding has
taken place or not.
(5) Subject to the approval of the competent
authority any applicant or a registered patent agent may deposit money in
advance once in a financial year and request the Controller to realise any fee
payable by him from the said deposit and in such case the date of the receipt
of the request to realise the fee or the date on which the request to realise
the fee is deemed to have been received, whichever is earlier, shall be taken
as the date of payment of the fee.
Provided that the requisite amount of money is available at the credit
of the person making the request.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
2. Clause
(e) omitted by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
3. Sub-rule
(3) to (5), ins. by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
(1) The
forms set forth in the Second Schedule with such variations as the
circumstances of each case may require shall be used for the purposes mentioned
therein.
(2) Where no Form is so specified for any
purpose, the applicant may adopt any Form specified in the Second Schedule with
such modifications and variations as the Controller may permit.
(1) All
documents and copies of documents, except affidavits and drawings, sent to or
left at the Patent Office or otherwise furnished to the Controller shall be
written, typewritten, lithographed, or printed 1[either
in the Hindi or in the English language] (unless otherwise directed or allowed
by the Controller) in large and legible characters with deep indelible ink with
lines widely spaced upon one side only of strong white paper of a size of
approximately 33.00 centimeters by 20.50 centimeters (13 inches by 8 inches) or
29.7 centimeters by 21 centimeters (11 ľ
inches by 8 Ľ inches) with a
margin of at least four centimeters (one and a half inches) on the left-hand
part thereof. 2[Any signature which is not legible or
which is written in a script other than Hindi or English shall be accompanied
by a transcription of the name either in Hindi or in English in block letters.]
(2) Additional
copies of all documents shall be filed it the appropriate Office, if required
by the Controller.
(3) Names
and addresses of applicants and other persons shall be given in full together
with their nationality and such other particulars, if any, as are necessary for
identification.
1. Subs.
by S.O. 3598, dt. 28.10.1977 for “in the English language”, w.e.f 26.11.1977
2. Subs. S.O 3598, dt. 28.10.1977, w.e.f 26.11.1977
10. Signature
and verification of documents. - The documents specified in sub-section (2) of section 128 of the Act
shall be dated and signed at the foot and shall contain a statement that the
facts and matters stated therein are true to the best of the knowledge,
information and belief of the person signing the said documents.
CHAPTER II
APPLICATIONS FOR PATENTS
11. Period
within which proof of the right to make the application shall be furnished. - Where in an application for a patent made by
virtue of an assignment of the right to apply for the patent for the invention,
if the proof of the right to make the application is not furnished with the application,
the applicant shall within a period three months after the filing of such
application furnish such proof.
12. Order of
recording applications. - The applications filed in a year shall constitute a series identified
by the year of such filing.
13. Statement
and Undertaking regarding foreign applications. -
(1) The
statement and undertaking required to be filed by an applicant for a patent
under sub-section (1) of section 8 shall be made in1 [Form
3].
(2) The
time within which the applicant for a patent shall keep the Controller informed
of the details in respect of other applications filed in any country outside
India in the undertaking to be given by him under clause (b) of sub-section (1)
of section 8 shall be three months from the date of such filing.
2[(3)
When so directed by the Controller
under sub-section (2) of section 8, the applicant shall furnish the required
information within the normal period or by the last date of putting the
application in order for acceptance as specified under sub-sections (1) and (2)
of section 21.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
2.
Ins. by S.O.
411(E), dt. 2.6.1999, w.e.f 2.6.1999.
(1) Every
specification, whether provisional or complete, shall commence with the title
of the invention, the name, nationality and address of the applicant as given
in the application and shall be signed and dated at the end by the applicant or
his agent.
(2) A specification in respect of a patent of
addition shall contain a specific reference to the number of the main patent,
or the application for the main patent, as the case may be, and a definite
statement that the invention comprises an improvement in, or a modification of,
the invention claimed in the specification of the main patent granted or
applied for.
(3) Where
the invention is capable of representation by drawings, such drawings shall be
prepared in accordance with the provisions of rules 16 to 19 and shall be
supplied with, and referred to in detail, in the specification.
Provided that in the case of a complete specification if the applicant
desires to adopt the drawings filed with his provisional specification as the
drawings or part of the drawings for the complete specification, it shall be
sufficient to refer to them in the complete specification as those left with
the provisional specification.
(4) Irrelevant
or other matter, not necessary, in the opinion of the Controller, for
elucidation of the invention, shall be excluded from the title, description,
claims and drawings.
(5) Except in the case of an application
(other than a convention application) which is accompanied by a complete
specification, a declaration as to the inventorship of the invention shall be
filed in 1[Form 5] with the
complete specification or at any time before the expiration of three months
from the date of filing of the complete specification, as the Controller may
allow on an application made in 1[Form
4].
15. Amendments
to specifications. -
(1)
When a provisional or complete specification
or any drawing accompanying it has been received by the applicant or his agent
for amendment the necessary alterations shall be made thereon as far as
possible Additional matter may be interpolated if necessary, by rewriting such
pages as are required to form a continuous document. Amendments shall not be made by slips pasted on, or as footnotes
or by writing in the margin of any of the said documents.
(2) The amended documents shall be returned
to the Controller together with the superseded pages or drawings, if any, duly
marked cancelled and initialed by the applicant or his agent. Copies of any pages that have been retyped
or added and of any drawing that has been added or substantially amended shall
be sent in triplicate. Amendments
alterations or additions shall be initialed in the margin by the applicant or
his agent.
(1) Drawings,
when furnished by the applicant otherwise than on a requisition made by the
Controller shall accompany the specifications to which they relate.
1* * * * * * * * * * * *
(3) Drawings shall be
delivered flat or so rolled as to be free from crease.
(4) At
least one copy of the drawing -shall be suitable for reproduction, and for that
purpose, shall be prepared on tracing cloth or transparent or semitransparent
sheet, or film made of plastics or fibre glass 2[or
thick and durable paper].
(5) Mounted drawings shall
not be used.
1. Subs-rule
(2) omitted by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
2. Added
by S.O. 411(E)., dt. 2.6.1999.
1[17. Size
of paper, etc. on which drawings shall be furnished. - Drawings shall be on standard A4 size
sheets. A clear margin of 2.5
centimeters shall be left from the edges of every sheet. If there are more figures than can be shown
on one sheet, two or more of such sheets shall be used. When an exceptionally large figure is
required to be drawn, it shall be continued on subsequent sheet (s). The figures shall be numbered consecutively
throughout. Sufficient space shall be
kept between the figures so that they shall be distinct.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
18. Particulars
of drawings. - Drawings shall be prepared in accordance with the following
requirements, namely: -
(a) Drawings
shall be executed with indelible black ink.
(b) Each
line shall be firmly and evenly drawn, sharply defined and shall be of the same
strength throughout.
(c) Section
lines, lines for effect and shading lines, shall be as few as possible and
shall not be closely drawn.
(d) Shading
lines shall not contrast too much in thickness with general lines of the
drawings.
(e) Sections
and shading shall not be represented by solid black or washes.
(f) Drawings shall be on a scale sufficiently
large to show the inventions clearly and only so much of the apparatus, machine
or other matter shall appear to achieve this object. If the scale is given, it shall be drawn and not denoted by
words. No dimensions shall be marked on
the drawings.
1[(g) The figures shall be drawn preferably in an
upright position with regard to the top and bottom of the sheet.]
(h) Reference
letters and numerals, and index letters, symbols and numerals used in
conjunction therewith, shall be bold, distinct and not less than 0.3 centimeter
(one-eighth of an inch) in height. The
same letters or numerals shall be used to indicate the same parts in different
views where the reference letters or numerals are shown outside the figure,
they shall be connected by fine lines with the parts to which they refer.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
19. Further
particulars about drawings. -
(1) Drawings
shall bear-
(i) In the
left hand top corner, the name of the applicant;
(ii) In the
right hand top comer, the number of the sheets of drawings, and the consecutive
number of each sheet; and
(iii) In the right hand bottom corner, the
signature of the applicant or his agent.
(2) Neither
the title of the invention nor any descriptive matter shall appear on the
drawings.
(3) No
descriptive matter shall appear on constructional drawings, but drawings in the
nature of flow sheets may bear descriptive matter to show the materials used
and the chemical or other reactions or treatments effected in carrying out the
invention.
(4) Drawings showing the number of instruments
or units of apparatus and their interconnections, either mechanical or
electrical, where each such instrument or unit is shown only symbolically, may
bear such descriptive matter as is necessary to identify the instruments or
units or their interconnections.
1* * * * * * * * * * * *
1. Sub-rule
(5) omitted by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
(1) Models
or samples shall be furnished only when required by the Controller.
(2) Except as permitted by the Controller, no
model shall exceed twelve inches on its longest side.
(3) Samples
shall be enclosed in convenient containers.
(4) Dangerous substances shall be supplied
only in accordance with the directions of the Controller.
(5) Every
model or sample shall be clearly and securely labelled or marked so as to
identify the application to which it relates.
1[CHAPTER IIA
INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY
1. Chapter
IIA ins. by S.O. 1029(E), dt. 2.12.1998, w.e.f. 7.12.1998.
20A. Definitions. - In
this Chapter, unless the context otherwise requires-
(a) “Article”
means an article of treaty;
(b) “Treaty”
or “PCT” means the Patent Cooperation Treaty done at Washington on the 19th
June, 1970 as amended and modified from time to time in terms of Articles 47
and 61 of the Treaty;
(c) All
other words and expressions used herein and not defined but defined in the PCT
shall have the same meaning as assigned to them in that Treaty.
20B. Appropriate office in relation to
international applications. -
(1) The
Head Office of the Patent Office (hereinafter referred to as “Patent Office”)
shall function as receiving office, designated office and elected office for
the purposes of international applications filed under the Treaty.
(2) An
international application shall be-
(a) Filed
in and processed by the Patent Office as a receiving office;
(b) Processed
by the Patent Office as a designated office and as elected office,
In accordance with the provisions of this Chapter, the Treaty and the Regulations
established under the PCT.
20C. International applications filed with Patent
Office as receiving office. -
(1) An
international application shall be filed with the Patent Office in triplicate,
either in English or in Hindi language.
(2)
The fees payable in respect of an
international application filed with the Patent Office shall be, in addition to
the fees as specified in the Regulations under the Treaty, the fees as
specified in the First Schedule.
(3) Where
an international application filed with the Patent Office has not been filed in
triplicate and the applicant desires that the Patent Office should prepare the
additional copies required, the fee for making such copies shall be paid by the
applicant.
(4) On
receipt of a request from the applicant and on payment of the prescribed fee by
him, the Patent Office shall prepare a certified copy of the priority document
and transmit the same to the International Bureau for the purpose of an
international application filed with the Patent Office with an intimation to
the applicant.
20D. International applications designating or
designating and electing India. -
(1) An
international application designating India shall be treated as an application
for patent under the Act.
(2) For the
purpose of an international application designating India, the title,
description, drawings and claims filed in the international application shall
be taken as the complete specification for the purpose of the Act.
(3) The
filling date of an application for patent and its complete specification
processed by the Patent Office, as designated office shall be the international
filing date accorded under the Treaty.
(4) The
Patent Office shall not commence processing of an international application
designating India before the expiration of the time limit prescribed under
sub-rule (6) except when the applicant complies with the requirements of that
sub-rule and files at the Patent Office an express request for early
commencement of such processing.
(5)
An applicant in respect of an
international application designating India shall, before the time limit
prescribed in sub-rule (6)-
(a) Pay the prescribed national fee and other
fees to the Patent Office in the manner prescribed under these rules and under
the Regulations made under the Treaty;
(b) File
with the Patent Office a translation of the application in English duly
verified by the applicant stating the correctness and completeness of the
contents thereof, if the international application was either not filed or has
not been published in English.
(6) The
time limit referred to in sub-rule (5) shall be-
(a) Where the applicant has not, before the
expiration of nineteen months from the priority date referred to in Article
2(xi), elected India for the purpose of the use of the result of international
preliminary examination, twenty one months from the said priority date; and
(b) Where
the applicant has, before the expiration of nineteen months from the priority
date referred to in Article 2(xi), elected India for the purpose of the use of
the result of international preliminary examination, thirty-one months from the
priority date.
(7) The
translation of the international application referred to in sub-rule (5) shall
include a translation in English of, -
(i) The
description;
(ii) The
claims as filed;
(iii) Any
text matter of the drawings;
(iv) The
abstract;
(v) In the case referred to in clause (a) of
sub-rule (6) and if the claims have been amended under Article 19, then the
amended claims together with any statement filed under the said Article; and
(vi) In the
case referred to in clause (b) of sub-rule (6) and any amendments to the
description, the claims and text matter of the drawings that are annexed to the
international preliminary examination report.
(8)
If the applicant fails to file a
translation of the amended claims and annexures referred to in sub-rule (7),
even after invitation from the Patent Office to do so within a time limit as
may be fixed by that Office having regard to the time left for meeting the
requirements, the amended claims and annexures shall be disregarded in the
course of further processing the application by the Patent Office.
(9) The
applicant in respect of an international application designating India shall
when complying with sub-rule (5), preferably use forms set out in the Second
Schedule before the Patent Office as designated office.
20E. Filing of priority Documents. –
(1) Where
the applicant in respect of an international application designating India has
not complied with the requirements of paragraph (a) or paragraph (b) of Rule
17.1 of the Regulations under the Treaty, the applicant shall file with the
Patent Office the priority document referred to in that Rule before the
expiration of the time limit referred to in sub-rule (6) of rule 20 D.
(2) Where the priority document referred to
in sub-rule (1) is not in the English language, a duly verified English
translation thereof shall be filed within the time limit specified in sub-rule
(6) of rule 20 (D).
(3) Where
the applicant does not comply with the requirements of sub-rule (1), or
sub-rule (2) the Patent Office shall invite the applicant to file the priority
document or the translation thereof, as the case may be, within three months
from the date of the invitation, and if the applicant fails to do so, the claim
of the applicant for the priority shall be disregarded for the purposes of the
Act.
20F. Effect of
non-compliance with certain requirements. - An international application designating India shall be deemed to be
withdrawn if the applicant does not comply with the requirements of rule 20D.
(1)
The provisions of this Chapter shall
be supplemental to the PCT and the Regulations and the Administrative
Instructions made thereunder.
(2) In case
of a conflict between any provisions of these rules and the provisions of
Treaty and the Regulations and the Administrative Instructions made thereunder,
the provisions of the Treaty and the Regulations and Administrative
Instructions made thereunder shall apply in relation to international
applications.]
CHAPTER III
EXAMINATION OF APPLICATIONS
21. Procedure
in case of anticipation by prior publication-
(1) If
the Controller is satisfied after investigation under section 13 that the
invention so far as claimed in any claim of the complete specification has been
published in any specification or other document referred to in clause (a) of
sub-section (1) or subsection (2) of the said section, the Controller shall
communicate the gist of such objections to the applicant and the applicant
shall be afforded an opportunity to amend his specification.
(2) If the applicant contests any of the
objections communicated to him by the Controller under sub-rule (1) or if he
refiles his specification along with his observations whether or not the
specification is amended, he shall be given an opportunity to be heard in the
matter if he so requires.
1[Provided that such
request is made on a date earlier than ten days of the final
Date of the period specified
under sub-section (1) or sub-section (2) of section 21.]
(3) If
the applicant requires a hearing under sub-rule (2) within a period of one
month from the date of communication of the gist of objections or if the
Controller, considers it desirable to do so, whether or not the applicant has
refiled his application, fix a date for hearing having regard to the time
remaining for putting the application in order or other circumstances of the
case.
(4) When
a hearing is fixed under sub-rule (3), the applicant shall be given at least 10
days” notice of such fixation or such shorter notice as appears to the
Controller to be reasonable in the circumstances of the case and the applicant
shall, as soon as possible notify the Controller whether he will attend the
hearing.
(5) After
hearing the applicant, or without a hearing if the applicant has not attended
or has notified that he does not desire to be heard, the Controller may specify
or permit such amendment of the specification as he thinks fit to be made and
may refuse to accept the specification unless the amendment so specified or
permitted is made within such period as he may fix.
1. Ins.
by S.O. 411(E), dt. 2.6.1999 w.e.f. 2.6.1999.
22. Procedure
in case of anticipation by prior claiming. -
(1) When it
is found that the invention so far as claimed in any claim of the complete
specification is claimed in any claim of any other specification falling within
clause (b) of subsection (1) of section 13, the applicant shall be so informed
and shall be afforded an opportunity to amend his specification.
(2) If the
applicants specification is otherwise in order for acceptance and an objection
under clause (b) of sub-section (1) of section 13 is outstanding, the
Controller may accept the specification and allow a period of two months from
the date of its publication for removing the objection.
(3) If an
objection under clause (b) of sub-section (1) of section 13 is communicated to
the applicant after acceptance of the specification, a period of two months
from the date of the communication shall be allowed for removing the objection.
23. Amendment
of the complete specification in case of anticipation.-
(1) If the applicant so requests at any time,
or if the Controller is satisfied that the objection has not been removed
within the period prescribed by rule 22, a date for hearing the applicant shall
be fixed and the applicant shall be given at least ten days notice of the date
so fixed. The applicant shall, as soon
as possible, notify the Controller whether he will attend the hearing.
(2) After hearing the applicant, or without a
hearing if the applicant has not attended or has notified that he does not
desire to be heard, the Controller may specify or permit such amendment of the
specification as will be to his satisfaction to be made and may direct that
reference to such other specification, as he shall mention shall be inserted in
the applicant’s specification unless the amendment is made or agreed to within
such period as he may fix.
24. Extension
of the period specified in rules 22 and 23. - The periods mentioned in rule 22 or rule 23 may be extended if a
request for such extension is made in 1[Form
4] before the expiry of such period or the extended period, so, however that
the total extension of either period allowed under this rule shall not exceed
six months.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
25. Form of
reference to another specification. - When in pursuance of rule 23, the Controller directs
that a reference to another specification shall be inserted in the applicant’s
complete specification, such reference shall be inserted after the claims and
shall be in the following form namely:-
“Reference has been directed, in pursuance of section 18 (2) of the
Patents Act, 1970, to the specification filed in pursuance of application No.”
26. Procedure
in case of potential infringement. - If in consequence of an
investigation made under section 13 or section 25, it appears to the Controller
that the applicant’s invention cannot be performed without substantial risk of
infringement of a claim of another patent, the applicant shall be so informed
and the procedure provided in rules 22 to 24 shall, so far as may be necessary,
be applicable.
27. Form of
reference to another patent.- Where the Controller directs that a reference
to another patent shall be inserted in the applicant’s complete specification
under sub-section (1) of section 19 such reference shall be inserted after the
claims in the following form, namely-
“Reference has been directed, in pursuance of section 19 (l) of the
Patents Act, 1970, to Patent No......
1* * * * * * * * * * * *.
1. Rule
28 omitted by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
29. Manner in which a claim under section 20(l)
shall be made.-
(1) A claim
under sub-section (1) of section 20 shall be made in 1[Form 6].
(2) The original assignment or agreement or
an official or notarially certified copy thereof shall also be produced for the
Controller’s inspection and the Controller may call for such other proof of
title or written consent as he may require.
1. Rule
28 omitted by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
30. Manner
in which a request may be made.-
(1) A
request under subsection (4) of section 20 shall be made in 1[Form 6].
(2) The consent by the legal representative
of the deceased joint applicant required to be given under sub-section (4) of
section 20 shall be endorsed on the request.
(3) The request shall also be accompanied by
proof of death of the joint applicant and a certified copy of the probate of
the will of the deceased or letters of administration in respect of his estate
or any other document to prove that the person who gives the consent is the
legal representative of the deceased first applicant.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
31. Manner
of application under section 20(5). -
(1) An
application under sub-section (5) of section 20 shall be made in 1[Form 6] in duplicate and shall be
accompanied by a statement setting out fully the facts upon which the applicant
relies and the directions which he seeks.
(2) A copy
of the application and statement shall be sent by the Controller to every other
joint applicant and the person making the application shall apply sufficient
number of copies for that purpose.
32. Numbering
of applications on acceptance of the complete specification. - On the acceptance of a complete specification
filed in respect of an application, the application shall be accorded a number
(called serial number) in the series of numbers accorded to patents under the
Indian Patents and Designs Act, 1911 (2 of 1911), which shall be the number of
the patent which may be sealed in. pursuance of the application.
33. Inspection
of application, specification, etc.- After the date of
advertisement of the acceptance of a complete specification under section 23,
the application together with the provisional and complete specifications, the drawings
and document5, if any, filed in respect of the application may be inspected at
the appropriate office 1by
making a written request to the Controller in that behalf].
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
1[CHAPTER III A
EXCLUSIVE MARKETING RIGHTS
1. Chapter
IIIA (Sections 33A to 33P) ins. by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
33A. Filling of application. - An application for grant of a patent in respect
of an invention covered under sub-section (2) of section 5 shall be made to the
Controller in Form I along with the fees as specified in the First Schedule.
33B. The application for grant of exclusive
marketing right- An application for grant of exclusive right to
sell or distribute the article or substance shall be made to the Controller in
Form 27 along with the fees as specified in the First Schedule and the
Controller shall notify the filing of the application in the Official Gazette
and to the authority of the Central Government that is responsible for the grant
of approval to sell or distribute the article or the substance for which the
application is being made.
33C. Controller to refer application: - On receipt of an application under rule 33B,
the Controller shall refer to the application relating to the patent to an
examiner for making a report to him.
33D. Report of
examiner.- The examiner to whom an application has been referred shall ordinarily
make the report to the Controller within a period of ninety days from the date
of such reference.
33E. Notifying of grant or refusal of exclusive
marketing rights: -When the Controller grants or refuses an application for grant of
exclusive right to sell or distribute the article or substance, he shall notify
the same in the Official Gazette and to the authority of the Central Government
that has granted approval to sell or distribute the article or the substance.
33F. Personal documents, etc. in relation to
inventions. - The recording in a document relating to specifications and trial or use
as referred to in sub-section (2) of section 24B shall include public document,
public trial or use but shall not include a personal document or secret trial
or use.
33G.
Appropriate tests. - The appropriate tests conducted on or after the lst day of January 1995
and referred to in section 24B shall be the tests either the whole or a part of
which had been conducted for the purposes of this Chapter.
33H. Form for grant of exclusive marketing rights.
- Exclusive marketing rights shall be granted in Form 28.
(1) An
application to the Controller for an order under section 84, section 89, or
section 97, as modified by section 24C, shall be in Form 18 or, as the case may
be in Form 20, to be modified as deemed necessary. Except in the case of an application made by the Central
Government, the application shall set out the nature of the applicant’s
interest and the terms and conditions of the license to which the applicant is
willing to accept.
(2) For the
purpose of sub-section (4) of section 84, as modified by section 24C, the
Controller may call for statements and evidences from the applicant.
(3) On
receiving an order from the Controller, the applicant shall furnish the
statement and evidences within a period of ninety days from the date of the
order of the Controller.
33J. When a
prima-facie case is not make out. –
(1) If upon
consideration of the evidence, the Controller is satisfied that a prima-facie
case has not been made out for making an order under any of the sections
referred to in rule 331, he shall notify the applicant accordingly. Unless the applicant makes a request to be
heard in the matter, the Controller shall refuse the application after the
expiry of a period of thirty days from the date of receipt of the notice by the
applicant.
(2) If the
applicant makes a request for hearing within the time allowed under sub-rule
(1) the Controller shall, after giving the applicant an opportunity of being
heard, determine whether the application may be proceeded with or it shall be
refused.
(1) A
notice of opposition under sub-sections (2) of section 92, as modified by
section 24C shall be given in Form 14 and shall be sent to the Controller
within ninety days from the date of the advertisement of the application under
sub-section (1) of the said section.
(2) The
notice of opposition referred to in sub-rule (1) shall include the terms and
conditions of the license, if any, which the opponent is prepared to grant to
the applicant and shall be accompanied by evidence in support of opposition.
(3) The
Controller may by order call for further evidence from the opponent if he
desires so.
(4) On
receipt of the order under sub-rule (3), the opponent shall furnish the further
evidence within a period of ninety days from the date of such receipt.
(5) The opponent shall serve a copy of his notice
of opposition and evidence on the applicant and notify the Controller when such
service has been effected.
(6) No
further statement or evidence shall be delivered by either party except by
leave of or on requisition by the Controller.
(7) The
Controller shall thereafter appoint a date and time for the hearing of the case
and shall give the parties not less than ten days notice of such hearing.
(8) The
procedure specified in sub-rules (2) to (5) of rule 44, shall, so far as may
be, apply to the procedure for hearing under this rule, as they apply to the
hearing of opposition to the grant of patents.
(9) The
provisions of clause (f) of sub-section (1) of section 77 for review of the
decision of the Controller shall be applicable to any decision of the grant or
refusal to grant of compulsory licence by the Controller.
(10) When the
opponent makes the application for review of the decision of the Controller,
the Controller shall suspend the operation of the decision for which the review
is being requested till the disposal of the application for review.
33L. Manner of advertisement of the order for
revocation of exclusive marketing rights: - The Controller shall advertise, in the Official Gazette, the order made
by him under sub-section (3) of section 89 as modified by section 24C, for
revoking exclusive marketing rights to sell or distribute the article or
substance.
33M.
Application for the revision of the terms and conditions of a license: -
(1) An
application under sub-section (5) of section 93 as modified by section 24C for
the revision of the terms and conditions of a license which has been settled by
the Controller shall be in Form 21 as may be modified as deemed necessary and
shall state the facts relied upon by the applicant and the relief he seeks and
shall be accompanied by evidence in support of the application.
(2). If the
Controller is satisfied that a prima facie case has not been made out for the
revision of the terms and conditions of the license, he may notify the
applicant accordingly and unless within a period of thirty days the applicant
requests to be heard in the matter, the Controller may refuse the application.
(3) The
Controller, after giving the applicant an opportunity of being heard, shall
determine whether the application shall be proceeded with or it shall be
refused.
33N. Procedure
to be followed in case of application under rule 33M: –
(1) If the
Controller allows, the application to be proceeded with, he shall direct the
applicant to serve copies of the application and of the evidence in support
thereof upon the holder of exclusive marketing rights or upon any other person
on whom, in his opinion, such copies should be served.
(2) The
applicant shall inform the Controller the date on which the service of copies
of application and of the evidence on the holder of exclusive marketing right
and other persons referred to in sub-rule (1) has been effected.
(3) The
holder of the exclusive marketing right of any other person on whom copies of
the application and of the evidence have been served may give the Controller a
notice of opposition in Form 14 as may be modified as deemed necessary, within
sixty days from the date of such service.
Such notice shall contain the grounds relied upon by the opponent and
shall be accompanied by evidence in support of the opposition.
(4) The
opponent shall serve copies of the notice of opposition and his evidence on the
applicant and inform the Controller the date on which service has been made.
(5) No
further evidence or statement shall be filed by either party without special
leave of or on requisition by the Controller.
(6) On
completion of the proceedings specified under sub-rule (1) to (5) or at such
other time as he may deem fit, the Controller shall appoint a date and the time
for the hearing of the case and shall give the parties not less than ten days
notice of such hearing.
(7) The
procedure specified in sub-rules (2) to (5) of rule 44 shall, so far as may be,
apply to the procedure for hearings under this rule as they apply to the
hearing of opposition to the grant of a patent.
(8) If the
Controller decides to revise the terms and conditions of license he shall amend
the license granted to the applicant in such manner, as he may deem necessary.
33O. Reference
to public interest. - Reference to public interest in subsection (1) of section 24D shall
mean the requirement of the public in a national emergency or other
circumstances of extreme urgency.
33P. Register of exclusive marketing rights. –
(1) There
shall be kept at the head office of the patent office a register to be called
the Register of exclusive marketing rights and a copy thereof shall be
available at each of the branch offices and all entries relating to exclusive
marketing rights shall be made therein.
(2) The Register kept under sub-rule (1)
shall be open to the public on a request to be made to that effect to the
Controller in writing.
(3) Certified
copy of any entry in the Register of exclusive marketing rights thereof shall
be supplied on a request therefor made to that effect to the Controller.]
CHAPTER IV
OPPOSITION TO GRANT OF PATENT
34. Manner of
application for extension of time under section 25(1). -
(1) An
application for extension of time for giving notice of opposition to the grant
of patent under sub-section (1) of section 25 shall be made in 1[Form 4] and left at the appropriate office
within four months from the date of advertisement of the acceptance of the
complete specification stating the reasons for the grant of extension of time.
(2) The application for
extension of time shall be filed in triplicate.
(3) One
copy of the application for extension of time shall be sent by the Controller
to the applicant for patent.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
35. Filing
of notice of opposition. - The notice of opposition to be given under
sub-section (1) of section 25 shall be made in 1[Form
7] and sent to the Controller in triplicate.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
1[36. Written
statement of opposition. - The opponent shall send a written statement in
duplicate setting out the nature of opponent’s interest, the facts upon which
he bases his case and relief which he seeks and evidence, if any, in duplicate
in support of his case along with notice of opposition or within sixty days
from the date of the notice of opposition and shall deliver to the applicant a
copy of the statement and the evidence.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
1[37. Time for filing reply statement. - If
the applicant desires to contest the opposition, he shall leave at the
appropriate office a reply statement in duplicate setting out fully the grounds
upon which the opposition is contested and evidence if any, in duplicate, in
support of his case within a period of sixty days from the date of receipt of
the copy of the written statement and opponent’s evidence by him under rule 36
and deliver to the opponent a copy thereof.]
2* * * * * * * * * * * *
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
2. Rule
38 and 39 omitted by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
1[40. Reply evidence by opponent. - The opponent may, within thirty days from the
date of delivery to him a copy of the applicant’s reply statement and evidence
under rule 37, leave at the appropriate office evidence in reply in duplicate
strictly confined to matters in the applicant’s evidence and shall deliver to
the applicant a copy of such evidence.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
41. Further evidence to be left with the leave of the Controller. - No further evidence shall be delivered by
either party except by leave or directions of the Controller.
1[Provided that such
leave or direction is prayed before the Controller has fixed the hearing under
rule 44.]
1. Added
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
42. Number
of copies to be supplied of documents. -
(1) Copies
of all documents other than Indian patents specification referred to in the
notice of opposition or in any statement or evidence filed in connection with
the opposition and authenticated to the satisfaction of the Controller, shall-
(a) In a
case where they are referred to in the notice of opposition and written
statement, be furnished in triplicate; and
(b) In any other case, be
furnished in duplicate.
Unless the Controller otherwise directs. The number of copies shall accompany the notice, statement or
evidence as the case may be, in which they are referred to.
(2) Where a specification or other document
in a language other than English is referred to in the notice, statement or
evidence, an attested translation thereof, in triplicate, in English shall be
furnished 1[along with such notice,
statement or evidence, as the case may be].
1. Added
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
43. Extension
of time. - The time allowed for filing the reply statement or evidence shall not
ordinarily be extended except by a special order of the Controller given on a
petition made by the person seeking extension of time and on payment of the fee
specified therefor in the First Schedule.
Provided that the extension so granted shall in no case exceed three
months in the aggregate.
(1) On the
completion of the presentation of evidence, if any, or at such other time as
the Controller may think fit, he shall appoint a time for the hearing of the
opposition and shall give the parties not less than ten days” notice of such
hearing.
(2) If
either party to the proceeding desires to be heard, he shall inform the
Controller by a notice 1[***].
(3) The
Controller may refuse to hear any party who has not given notice under sub-rule
(2).
(4) If
either party intends to refer at the hearing to any publication not already
mentioned in the notice, statement or evidence, he shall give to the other
party and to the Controller not less than five days” notice of his intention,
together with details of such publication to which he intends to refer.
(5) After
hearing the party or parties desirous of being heard, or if neither party
desires to be heard, then without a hearing, the Controller shall decide the
opposition and notify his decision to the parties giving reasons therefor.
1. Omitted by S.O. 411(E), Lit. 2.6.1999,
w.e.f. 2.6.1999.
45. Determination
of costs. - If the applicant notifies the Controller that he does not desire to
proceed with the application after notice of opposition is given, the
Controller in deciding whether cost should be awarded to the opponent, shall
consider whether opposition might have been avoided if the opponent had given
reasonable notice to the applicant before the notice of opposition was given to
the Controller.
46. Time
within which complete specification is to be amended under section 27. - The
time within which an applicant shall amend his complete specification to the
satisfaction of the Controller under section 27 shall be two months from the
date of such intimation by the Controller.
47. Procedure
to be followed. -
(1) If the
specification has not been amended to the satisfaction of the Controller within
the time allowed under rule 46, including any extension thereof which the
Controller may allow, a time for hearing shall be appointed and the applicant
shall be given at least ten days” notice of such date of hearing.
(2) The applicant shall as soon as possible,
notify the Controller whether he will attend the hearing.
(3) After
hearing the applicant, or without a hearing if the applicant has not attended
or has notified that he does not desire to be heard, the Controller may
prescribe or permit such amendment of the specification as will be to his
satisfaction
To be made and may refuse to grant a patent unless the amendment is made
or agreed to within two months from the date of his order.
48. Extension
of time. - A request for extension of time specified in rule 46 or in sub-rule (3)
of rule 47 shall be made in 1[Form
4] and the total extension of time given under either of the said rules shall
not exceed two months.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
49. Manner
of request under section 28(2). - A request under sub-section (2) of section 28
shall be made in 1[Form 8].
50. Manner
of making a claim under section 28(3). -
(1) A claim
under subsection (3) of section 28 shall be made in 1[Form 8], and shall be accompanied by a
statement setting out the circumstances under which the claim is made.
(2) A copy
of the claim made and of the statement shall be sent by the Controller to every
applicant for the patent (not being the claimant) and to any other person whom
the Controller may consider to be interested and the claimant shall supply
sufficient number of copies for the purpose.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
51. Form of
application to be made under sub-section (7) of section 28. -
(1) An
application under sub-section (7) of section 28 for a certificate shall be made
in 1[Form
8] and shall be accompanied by a statement setting out the circumstances under
which the application is made.
(2) A copy of the application and of the
statement shall be sent by the Controller to each patentee or the applicant for
patent, as the case may be (not being the applicant), to the person mentioned
as the actual deviser, and to any other person whom the Controller may consider
to be interested and the applicant shall supply sufficient number of copies for
the purpose.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
52. Procedure
for the hearing of claim or an application under section 28. -The procedure specified in
rules 35 to 45 relating to the filing of notice of opposition, written
statement, reply statement, leaving evidence and hearing shall, so far as may
be, apply to the hearing of a claim or an application under section 28 as they
apply to the proceedings in opposition to the grant of patents subject to the
modification that reference to applicant shall be construed as the person
making the claim or an application as the case may be.
53. Mention
of inventor. - Any mention of the inventor under sub-section (1) of section 28 shall be
made in the patent after the name of the Controller and on the complete
specification at the head of [Form 2] and may be in the following form, namely:
-
“The inventor of this invention/ substantial part of this invention
within the meaning of section 28 of the Patents Act, 1970, is..........
of............”
CHAPTER V
SECRECY DIRECTIONS
54. Communication
of result of reconsideration under section 36(2). - The
result of every reconsideration under sub-section (1) of section 36 shall be
communicated in writing to the applicant for patent within fifteen days of the
receipt by the Controller of the notice under that sub-section.
55. Extension
of time on revocation of secrecy directions under section 38. -The extension of time to be
given for doing anything required or authorised to be done under section 38
shall not exceed the period for which directions given by the Central
Government under sub-section (1) of section 35 were in force.
CHAPTER VI
SEALING OF PATENTS
(1) A
request for the sealing of a patent under subsection (1) of section 43 shall be
made in 1[Form 9].
(2) The
period within which a request for the sealing of a patent may be made under
clause (a) of the proviso to sub-section (2) of section 43 shall be two months
after the final determination of the proceedings referred to in that clause.
(3) An
application under sub-section (3) of section 43 shall be made in 1[Form 4].
1. Subs.
by S.O. 411(E), dt. 2.6.1999 w.e.f. 2.6.1999.
57. Form of
patent. - A patent shall be in
the form as specified in the Third Schedule with such modifications as the
circumstances of each case may require and shall bear the number accorded to the application under rule 32.
58. Amendment
of patent under section 44. - An application under section 44 for the
amendment of a patent shall be made in 1[Form
10] in duplicate and shall be accompanied by evidence verifying the statements
made therein and by the patent.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
59. Manner
of applying for directions under section 51(1). -
(1) An
application for directions under sub-section (1) of section 51 shall be made
in 1[Form
11] in duplicate and shall be accompanied by a statement setting out the facts
upon which the applicant relies.
(2) A copy
of the application and of the statement shall be sent by the Controller to
every other person registered as grantee or proprietor of the patent and the
applicant shall supply sufficient number of copies for that purpose.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
60. Manner
of application under section 51(2). -
(1) An
application for directions under sub-section (2) of section 51 shall be made
in 1[Form
11] in duplicate and shall be accompanied by a statement setting out the facts
upon which the applicant relies.
(2) A copy
of the application and statement shall be sent by the Controller to the person
in default.
1. Subs. by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
61. Procedure for the hearing of proceedings under section 51. - The
procedure specified in rules 35 to 45 relating to the filing of notice of
opposition, written statement, reply statement, leaving evidence and hearing
shall, so far as may be, apply to the hearing of an application under section
51 as they apply to the hearing of an opposition to the grant of patents.
62. Manner
of request under section 52(2). -
(1) A
request under sub-section (2) of section 52 shall be made in 1[Form 12] within three months from the date
of the order of the Court referred to in sub-section (1) of the said section
and shall be accompanied by a statement setting out the facts upon which the
petitioner relies and the relief he claims and a certified copy of the order of
the court.
Provided that the time taken for obtaining a certified copy of the order
shall be excluded in calculating the said period of three months.
(2) Where
the court has ordered the grant of patent to the applicant only for a part of
the invention, the new patent granted shall be accorded a number in the same
series of numbers accorded to the complete specifications accepted on the same
days as the patent is granted.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
(1) If it
is desired to keep a patent in force for the term of the patent, the renewal
fees specified in the First Schedule shall be payable at the expiration of the
second year from the date of the patent or of any succeeding year and the same
shall be remitted to the Patent Office before the expiration of the second or
the succeeding year.
(2) While
paying the renewal fee, the number of the patent concerned and the year in
respect of which the fee is paid shall be quoted.
(3) The
annual renewal fees payable in respect of two or more years may be paid in
advance.
1[(4) The Controller shall, after making such
enquiry as he may deem necessary, credit any renewal fee and issue a
certificate that the fee has been paid.]
2* * * * * * * * * * * *
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
2. Rule 64
omitted by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
CHAPTER VII
AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
65. Amendment
of application or specification. -
(1) An
application under section 57 for the amendment of an application for a patent
or a complete specification shall be made in 1[Form
13].
(2) If the application for amendment under
sub-rule (1) relates to an application for a patent which has not been
accepted, the Controller shall determine whether any subject to what
conditions, if any, the amendment shall be allowed.
(3)
(a) If the
application for amendment under sub-rule (1) is made after the acceptance of
the complete specification, the application for the amendment and the nature of
the proposed amendment shall be advertised by the Controller in the Official
Gazette and by the applicant in such other manner as the Controller may in each
case direct. The Controller shall also
notify all the persons who, in his opinion, may have an interest in the matter.
(b) Any
person 1[interested in]
opposing the application for amendment shall give a notice of opposition in 1[Form 14] in duplicate within three months
from the date of advertisement of the application in the Official Gazette.
(c) The procedure specified in rules 36 to 45
relating to the filing of written statement, reply statement, leaving evidence
and hearing shall, so far as may be, apply to the hearing of the opposition
under section 57 as they apply to the hearing of the opposition to the grant of
patents.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
66. Preparation
of amended specifications, etc.- Where the Controller allows the application for
a patent or the complete specification to be amended, the applicant shall, if
the Controller so requires and within the time to be specified by him, leave at
the appropriate office an amended application or specification, as the case may
be, in accordance with the provisions of these rules.
1[67. Advertisement of the amendments allowed. - The
amendments allowed by the Controller after a complete specification has been
accepted may be advertised by him in the
Official Gazette.]
1.
Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
CHAPTER VIII
RESTORATION OF PATENTS
(1) An
application for the restoration of a patent under section 60 shall be made in 1[Form 15].
(2) Upon consideration of the application and
the evidence adduced by the applicant, if any, if the Controller is satisfied
that a prima facie case for the restoration of the patent has not been made out
he shall intimate the applicant accordingly and unless within one month from
the date of such intimation the applicant requests to be heard in the matter
the Controller shall refuse the application.
(3) If the
applicant request for a hearing within the time allowed and the Controller
after giving the applicant such a hearing is prima facie satisfied that the
failure to pay the renewal fees was unintentional, he shall advertise the
application in the Official Gazette.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
69. Opposition
to restoration. -
(1) At any
time within two months from the date of advertisement or the application in the
Official Gazette under sub-rule (3) of rule 68, 1 [any person interested] may give notice of opposition
thereto in 1 [Form 14] in
duplicate.
(2) A copy of the notice of
opposition shall be sent by the Controller to the applicant.
(3) The
procedure specified in rules 36 to 45 relating to the filing of written
statement, reply statement, leaving evidence and hearing shall, so far as may
be apply to the hearing of the opposition under section 60 as they apply to the
hearing of the opposition to the grant of patents.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
70. Payment
of unpaid renewal fees. -
(1) If the
Controller decides in favour of the applicant, the applicant shall pay the
unpaid renewal fees and the additions fee specified in the First Schedule,
within a month from the date of the order of the Controller allowing the
applicant for restoration.
(2) The Controller shall
advertise in the Official Gazette his decision on the application.
CHAPTER IX
SURRENDER OF PATENTS
71. Surrender of patents. - 1* * * * * * * *
2[(2) The Controller shall
advertise the notice of an offer given under section 63 in the Official
Gazette.]
(3) Any
person interested may within three months from the date of advertisement of the
notice in the Official Gazette give notice of opposition to the Controller in 1[Form 14] in duplicate.
(4) The procedure specified in rules 36 to 45
relating to the filing of written statement, reply statement, leaving evidence
and hearing shall, so far as may be, apply to the hearing of the opposition
under section 63 as they apply to the hearing of the opposition to the grant of
patents.
(5) If the Controller accepts the patentee’s
offer to surrender the patent, he may direct the patentee to return the patent
and on receipt of such patent, the Controller shall by order revoke it and
notify the revocation of the patent in the Official Gazette.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
2. Sub-rule
(1) omitted by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
CHAPTER X
REGISTER OF PATENTS
(1) Upon
the sealing of a patent, the Controller shall enter in the register of patents,
the name, address and nationality of the grantee as the patentee thereof, the
title of the invention including the categories specified in section 5 to which
the invention relates), the date of the patent and the date of sealing thereof
together with the address of service of the patentee.
(2) The
Controller shall also enter in the register of patents particulars regarding
proceedings under the Act before the Controller or the courts in respect of
every patent.
73. Registration
of documents under section 68. - An application for the registration of a
document under section 68 shall be made in 1[Form
16].
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
74. Registration
of title and interest in patents. -
(1) An Application referred
to in sub-section (1) of section 69 shall be made-
(a) By a person becoming
entitled to a patent or a share in it in 1
[Form 17];
(b) By a
person becoming entitled as a mortgagee or a licensee or otherwise to any other
interest in a patent in 1
[Form 17].
(2) An application referred
to in sub-section (2) of section 69 shall be made-
(a) By the assignor in 1 [Form 17];
(b) By a mortgagor, licensor
or other party in 1[Form 17].
(3) An
application for entry in the register of patents of the notification of any
other document purporting to affect the proprietorship of the patent by the
person benefiting under the document shall be made in 1 [Form 17].
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
75. Presentation
of assignment, etc., of patent to Controller. - Every
assignment and every other document giving effect to or being evidence of the
transfer of a patent or affecting the proprietorship thereof or creating an
interest therein is claimed in such application, shall, unless the Controller
otherwise directs, be presented to him together with the application which
shall be accompanied by two copies of the assignment or other document
certified to be true copies by the applicant or his agent and the controller
may call for such other proof of title or written consent as he may require.
76. Registration
of title or interest in a patent. - After the receipt of an
application under sub-section (1) or sub-section (2) of section 69, the
Controller shall register the title of the person concerned or his interest in
a patent, as the case may be, and an entry in the following form shall be made
in the register, namely,
“In pursuance of an application received on the
Proprietor Assignment
Registered as licencee by virtue of licence
Mortgagee
etc.
Mortgage deed etc.
Dated…………. and made between……………..of the one part and………….of the other
part”.
77. Entry of
renewal fee. - Upon the issue of a certificate of the payment of the prescribed renewal
fee in respect of a patent, the Controller shall enter in the register of
patents the fact that the fee has been paid and the date of payment of such fee
as stated in the certificate.
(1) A
patentee may make a request “fin writing] to the Controller for the alteration
of his name, nationality, address or address for service as entered in the
register of patents in respect of any patent granted to him. The Controller may require such proof of the
alteration as he may think fit before acting on a request to alter the name or
nationality.
(2) If the
Controller allows a request made under sub-rule (1), he shall cause the entries
in the register to be altered accordingly.
(3) If a
patentee makes a request 1 [in
writing] for entering an additional address for service in India and if the Controller
is satisfied that the request should be allowed, he shall have the additional
address for service entered in the register subject to the condition that not
more than two addresses for service shall be entered in the register at any one
time.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
79. Inspection of register of patents and fees payable therefor. -
(1) The
register of patents shall be kept at the head office of the Patent Office and
shall be open for public inspection during office hours on payment of the fees
specified therefor in the First Schedule.
(2) A copy
of the register shall be available for inspection at each of the branch offices
of the Patent Office on the same conditions as are applicable to, and on
payment of the same fees as are payable for, the inspection of the register
under sub-rule (1).
CHAPTER XI
COMPULSORY LICENCES ENDORSEMENT OF PATENTS WITH THE WORDS “LICENCES OF
RIGHT” AND REVOCATION
80. Application
for compulsory licence etc.- An application to the Controller for an order under section 84, section
86, section 89, section 96, or section 97 shall be in 1 [Form 18, Form 19 and Form 20], as the
case may be. Except in the case of an
application made by the Central Government, the application shall set out the
nature of the applicant’s interest and the terms and conditions of the licence
the applicant is willing to accept.
81. When a prima facie case is not made out. -
(1)
If, upon consideration of the
evidence, the Controller is satisfied that a prima facie case has not been made
out for the making of an order under any of the sections referred to in rule
80, he shall notify the applicant accordingly, and unless the applicant
requests to be heard in the matter, within one month of the date of such notification,
the Controller shall refuse the application.
(2) If the
applicant requests for a hearing within the time allowed under sub-rule (1),
the Controller shall, after giving the applicant an opportunity of being heard,
determine whether the application may be proceeded with or whether it shall be
refused.
82. Notice
of opposition under section 92(2). -
(1) A
notice of opposition under sub-section (2) of section 92 shall be given in
[Form 14] in duplicate and shall be sent to the Controller within two months
from the date of the advertisement of the application under sub-section (1) of
the said section.
(2) The notice of opposition referred to in
sub-rule (1) shall include the terms and conditions of the licence, if any, the
opponent is prepared to grant to the applicant and shall be accompanied by
evidence in support of the opposition.
(3) The
opponent shall serve a copy of his notice of opposition and evidence on the
applicant and notify the Controller when such service has been affected
(4) No further
statement or evidence shall be delivered by either party except by leave of or on requisition by the Controller.
(5) The
Controller shall thereafter appoint a date and time for the hearing of the case
and shall give the parties not less than ten days” notice of such hearing.
(6) The
procedure specified in sub-rules (2) to (5) of rule 44, shall, so far as may
be, apply to the procedure for hearing under this rule as they apply to the
hearing of the opposition to the grant of patents.
83. Manner
of application under section 88(2). -
(1) An
application under sub-section (2) of section 88 for settling the terms of the
licence shall be made in [Form 21] in duplicate and shall be accompanied by a
statement of negotiations made between the applicant and the other party and
the terms and conditions of the licence the applicant is willing to accept.
(2) In the case of applications in respect of
patents for inventions referred to in sub-clause (i), or sub-clause (ii), of
clause (a) of sub-section (1) of section 87 and deemed to be endorsed with the
words “Licences of Right”, under clause (a) or clause (b) of that sub-section,
a statement containing an estimate of the net ex-factory sale price in bulk of
the patented article and all the information relevant thereto with evidence in
support thereof shall also be filed along with the application.
(3) The Controller shall send one copy of the
application, the statement, if any, referred to in sub-rule (2) and the
evidence to the other party and direct him to file a statement containing the
terms and conditions of the licence he is prepared to accept within one month
from the date of sending the said copies and serve a copy of such statement, if
any, on the applicant and communicate the date of such service on the applicant
to the Controller.
(4) In the case of an application in respect
of a patent referred to in sub-rule (2) the Controller may also direct the
other party to furnish a similar statement in reply and evidence in support
thereof, and to serve a copy of the statement on the applicant.
(5) The
Controller shall give the parties an opportunity of being heard within one
month from the date of service of the statement or statements and evidence.
(6) The
procedure specified in sub-rules (2) to (5) of rule 44, shall, so far as may
be, apply to the procedure for hearing under this rule as they apply to the
hearing of opposition to the grant of a patent.
(7) The
Controller in determining the royalty and other remuneration reserved to the
patentee shall consider the statements and may make such enquiries, as he may
deem fit.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
84. Manner
of applying under section 88(4). -
(1) An
application under subsection (4) of section 88 for permission to work the patented
invention shall be in 1 [Form
22] in duplicate and shall contain the reasons for making the application and
the terms under which he would work the patented invention pending agreement
with the patentee or decision by the Controller. The applicant shall file evidence in support of the application,
if the Controller so directs.
(2) The
Controller shall forward a copy of the application and evidence, if any, to the
patentee and direct him to file within such time not exceeding one month a
statement containing the terms of the licence he is willing to grant or the
terms under which the Controller may allow the applicant to work the patented
inventions pending agreement with the applicant.
(3) The
Controller after hearing the parties may direct them to execute a licence if
they mutually agree on the terms and conditions of the same or permit the
applicant to work the patented invention on such terms as he may think fit to
impose.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
85. Manner
of advertisement of the revocation order. - The
Controller shall advertise in the
Official Gazette the order made by him under sub-section (3) of section 89
revoking a patent.
86. Application
under section 93(5). -
(1) An
application under sub-section (5) of section 93 for the revision of the terms
and conditions of a licence which have been settled by the Controller shall be
in 1 [Form 21] in duplicate
and shall state the facts relied upon by the applicant arid the relief he seeks
and shall be accompanied by evidence in support of the application.
(2) If the
Controller is satisfied that a prima facie case has not been made out of the
revision of the terms and conditions of the licence, he may notify the
applicant accordingly and unless within a month the applicant requests to be
heard in the matter the Controller may refuse the application.
(3) The
Controller after giving the applicant an opportunity of being heard shall
determine whether the application shall be proceeded with or whether the
application shall be refused.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
87. Procedure
to be followed in case of applications under section 93(5). -
(1) If the
Controller allows the application to be proceeded with, he shall direct the
applicant to serve copies of the application and of the evidence in support
thereof upon the patentee or any other person appearing in the register to be
interested in the patent or upon any other person on whom in his opinion such
copies should be so served.
(2) The
applicant shall inform the Controller the date on which the service of copies
of application and of the evidence on the patentee and other persons referred
to in sub-rule (1) has been effected.
(3) The
patentee or any other person on whom copies of the application and of the
evidence have been served, may give to the Controller notice of opposition in
Form 46 in duplicate within two months from the date of such service. Such notice shall contain the grounds relied
upon by the opponent and shall be accompanied by evidence in support of the
opposition.
(4) The
opponent shall serve copies of the notice of opposition and his evidence on the
applicant and inform the Controller the date on which such service has been
effected.
(5) No
further evid6nce or statement shall be filed by either party without special
leave of or on requisition by the Controller.
(6) On
completion of the above proceedings or at such other time as he may deem fit, the Controller shall appoint a date and the
time for the hearing of the case and shall give
the parties not less than ten days” notice of such hearing.
(7) The
procedure specified in sub-rules (2) to (5) or rule 44 shall, so far as may be,
apply to the procedure for hearing under this rule as they apply to the hearing
of opposition to the grant of a patent.
(8) If the
Controller decides to revise the terms and conditions of licence he shall amend
the licence granted to the applicant in such manner, as he may deem necessary.
CHAPTER XII
SCIENTIFIC ADVISERS
88. Roll of
scientific advisers. -
(1) The
Controller shall maintain a roll of scientific advisers for the purpose of
section 115. The roll shall contain the
names and addresses of scientific advisers, their designations, information
regarding their educational qualifications, the disciplines of their
specialization and their technical, practical and research experience.
(2) A
person shall be qualified to have his name entered in the roll of scientific
advisers if he fulfils the following conditions, namely: -
(i) He
holds a degree in science, engineering or technology;
(ii) He has
at least 15 years” practical or research experience; and
(iii) He holds or has held a responsible post in
a scientific or technical department of the Central or State Government or in
any Organisation.
89. Manner
of application for inclusion in the roll of scientific advisers. - Any interested person may apply to the
Controller for inclusion of his name in the roll of scientific advisers
furnishing his bio-data.
90. Inclusion
of the name of any other person in the roll of scientific advisers. - The
Controller may, notwithstanding anything contained in rules 88 and 89, enter
the name of any person in the roll of scientific advisers, if the Controller is
of opinion after such inquiry as he deems fit, that such person should be
entered in the roll of scientific advisers.
91. Power to
relax. - Where the Controller is of the opinion that it is necessary or expedient
so to do, he may, by order, for reasons to be recorded in writing, relax any of
the qualifications specified in sub-rule (2) of rule 88 with respect to any
person, if such person is otherwise well qualified.
92. Removal
of names from the roll of scientific advisers. - The
Controller may remove the name of any person from the roll of scientific
advisers,-
(a) If such
person makes a request for such removal; or
(b) If the
Controller is satisfied that his name has been entered in the roll by error or
on account of misrepresentation or suppression of any material fact; or
(c) If he
has been convicted of an offence and sentenced to a term of imprisonment or has
been guilty of misconduct in his professional capacity and the Controller is of
the opinion that his name should be age removed from the roll.
1
[Provided that, before removing the name of any person from the roll of
scientific advisers under this rule, such person shall be given a reasonable
opportunity of being heard.]
1. Ins.
by S.O. 2908, dt. 31.7.1976, w.e.f 14.8.1976.
CHAPTER XIII
PATENT AGENTS
93. Particulars to be contained in the register
of Patent agents. -The register of patent agents maintained under section 125 shall contain
the name, nationality, address of the principal place of business, addresses of
branch offices, if any, the qualifications and the date of registration of
every registered patent agent.
94. Application
for registration of patent agents. -
(1) Every
person desiring to be registered as a patent agent shall make an application in
1 [Form 23] in duplicate,
which shall be filed at the head office of the Patent Office.
(2) The applicant shall furnish such other
information as may be required by the Controller.
2
[(3) A person desirous to a pear in the
qualifying examination under rule 95 shall make a request therefor to the
Controller.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999
2. Ins.
by S.O. 41](E), dt. 2.6-1999, w.e.f 2.6.1999
95. Particulars
of the qualifying examination for patent agents. -
(1) The
qualifying examination referred to in
clause (ii) of sub-section (1) of section 126 shall consist of a Written test
and a viva voce examination
(2) The
written test shall consist of the following papers, namely: -
|
Subject |
Maximum Marks |
|
Paper I- Patents Act and
rules |
100 |
|
Paper II- Drafting and
interpretation of patent Specifications and other
documents |
100 |
(3) The qualifying marks for each written
paper and for the viva voce examination, shall be 40 percent and 60 percent
respectively, and a candidate shall be declared to have passed the examination
only if he obtains an aggregate of 50 percent of the total marks.
1
[(4) A person who has functioned in the
patent office under section 73 for a period of at least 10 years as Examiner or
Controller or both shall be deemed to have passed the qualifying examination.]
1. Ins.
by S.O. 41](E), dt. 2.6-1999, w.e.f 2.6.1999
96. Registration
of patent agents. - After a candidate passes the qualifying examination specified to rule
95 and after obtaining any further information which the Controller considers
necessary he shall, on receipt of the fee specified therefor in the First
Schedule, enter the candidate’s name in the register of patent agents and issue
to him a certificate of registration as a patent agent.
97. Details
to be included in an application for the registration of a patent agent. - An
application by a person entitled to be registered as a patent agent under
sub-section (2) of section 126 shall be made in 1 [Form 23] in duplicate and shall be accompanied by a
statement giving information regarding his practice as patent agent before the
lst November, 1966 and a list of applications in respect of which he has filed
complete specifications before the said date.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
98. Registration
of patent agents under an section 126(2). - On
receipt of application for the registration of a person as a patent agent under
rule 97, the Controller may if he is satisfied that the said person fulfils the
conditions specified in sub-section (2) of section 126 enter his name in the
register of patent agents.
99. Disqualifications
for registration as a patent agent. - A person shall not be
eligible to be registered as a patent agent, if he-
(i) Has
been adjudged by a competent court to be of unsound mind;
(ii) Is an
undischarged insolvent?
(iii) Being
a discharged insolvent, has not obtained from the court a certificate to the
effect that his insolvency was caused by misfortune without any misconduct on
his part;
(iv) Has
been convicted by a competent court, whether within or outside India of an
offence to undergo a term of imprisonment, unless the offence of which he has
been convicted has been pardoned or unless on an application made by him, the
Central Government has, by order in his behalf, removed the disability;
(v) Being a
legal practitioner has been guilty of professional misconduct; or
(vi) Being a chartered accountant has been
guilty of negligence or misconduct.
100. Payment
of fees. - The continuance of a person’s name in the register of patent agents
shall be subject to the payment of the fees specified therefor in the First
Schedule.
101. Deletion
of a name from the register of patent agents. -
(1) The
Controller may delete from the register of patent agents the name of any patent
agent-
(a) From
whom a request has been received to that effect; or
(b) When he
is dead; or
(c) When
the Central Government has removed the name of a person under sub-section (1)
of section 130; or
(d) If he
has defaulted in the payment of fees specified in Rule 100, by more than three
months after they Are due.
(2) The deletion of the name of any person
from the register of patent agent shall be notified in the Official Gazette and
shall be communicated to the person concerned.
102. Restoration
of names of persons removed from the register of patent agents-
(1) An
application for the restoration of the name of any person removed from the
register of patent agents under sub-section (2) of section 130 shall be made in
1 [Form 24] in triplicate
within six months from the date of such removal
(2)
If the name of a person is restored
to the register of patent agents, his name shall be continued therein for a
period of one year from the date on which his last annual fee became due.
(3) The
restoration of a name to the register of patent agents shall be notified by the
Controller in the Official Gazette and communicated to the person concerned.
1. Subs.
by S.O. 411 (E), dt. 2.6.1999, w.e.f. 2.6.1999.
103. Alteration
of names etc. in the register of patent agents. -
(1) A patent
agent may apply 1[***] in
triplicate for the alteration of his name, address of the principal place of
business and branch offices, if any, or the qualifications entered in the
register of patent agents. On receipt
of such application and the fee specified therefor in the First Schedule, the
Controller shall cause the necessary alterations to be made in the register of
patent agents.
(2) Every
alteration made in the register of patent agents shall be notified in the
Official Gazette.
1. Some
words omitted by S.O 411 (E), dt. 2.6.1999 w.e.f. 2.6.1999
104. Refusal
to recognise as patent agent. - If the Controller is of the opinion that any
person should not be recognised a patent agent in respect of any business under
the Act as provided in sub-section (1) of section 131 thereof he shall
communicate his reasons to that person and direct him to show cause why he
should not refuse to recognise him as such agent, within such time as he may
allow, and after considering the reply, if any, of that person and giving him
an opportunity of being heard, the Controller may pass such orders as he may
deem fit.
105. Publication
of the names of patent agents, registered under the Act. - The
names and addresses of persons registered as patent agents shall from time to time
be published in the Official Gazette, newspapers, trade journals and in such
other manner as the Controller may deem fit.
CHAPTER XIV
MISCELLANEOUS
106. Address
of all communications. - All communications in relation to any
proceeding under the Act or these rules shall be addressed to the Controller of
Patents at the appropriate office.
107. Correction
of clerical errors. - A request for the correction of a clerical
error in any document referred to in section 78 1 [***] shall be accompanied by two in copies of the
document indicating the corrections required clearly in red ink along with the
fees payable therefor as specified in the First Schedule;
1. Some
words omitted by S.O 411 (E), dt. 2.6.1999 w.e.f. 2.6.1999
108. Manner
of advertisement of the proposed correction of any error. - Where
the Controller requires a notice of the nature of the proposed correction to e
advertised, the request and the nature of the proposed correction shall be
published in the Official Gazette and the person making the request shall also
serve copies of the request and the copies of the document showing the proposed
corrections to such persons who, in the Opinion of the Controller, may be
interested.
109. Manner
and time of opposition to the making of corrections. -
(1) Any
person interested may, at any time, within three months from the date of the
advertisement of the request for correction in the Official Gazette give notice
of opposition to the Controller in 1
[Form 14] in duplicate.
(2) Such notice of opposition shall be
accompanied by a statement in duplicate setting out the nature of the
opponent’s interest, the facts on which he relies and the relief which he
seeks.
(3) A copy
of the notice and of the statement shall be sent by the Controller to the person
making the request.
(4) The
procedure specified in rules 37 to 45 relating to the filing of reply
statement, leaving evidence and hearing shall, so far as may be, apply to the
hearing of the opposition under section 78 as they apply to the hearing of the
opposition to the grant of patents.
1. Subs.
by S.O. 411 (E), dt. 2.6.1999 w.e.f. 2.6.1999.
110. Notification
of corrections. - The Controller shall notify the person making a
request for the correction and the opponent, if any, of the corrections made in
the relevant document.
111. Form
etc., of affidavits. -
(1) The
affidavits required by the Act or these rules to be filed at the Patent Office
or furnished to the Controller shall be headed in the matter or matters to
which they relate, shall drawn up in the first person, shall be divided into
paragraphs consecutively numbered, and each paragraph shall as far as
practicable, be confined to one subject.
Every affidavit shall contain the description and place of residence of
the person making the affidavit and shall bear the name and address of the
person making it and, if the affidavit is made on behalf of any other person,
it shall state the name of that person on whose behalf it is made.
(2) Where
two or more persons join in an affidavit, each of them shall depose separately
to such facts, which are within his personal knowledge, and those facts shall
be stated in separate paragraphs.
(3) Affidavits shall be confined to such
facts, as the deponent is able of his own knowledge to prove except in
interlocutory matters, where statements of belief of the deponent may be
admitted, provided that the grounds thereof are given.
(4) Affidavits shall be sworn
to as follows: -
(a) In India. - Before any court or
person having by law authority to receive evidence, or before any officer
empowered by such court as aforesaid to administer oaths or to take affidavits;
(b) In any
country or place outside India. - Before a diplomatic or consular
officer, within the meaning of the Diplomatic and Consular Officers (Oaths and
Fees) Act, 1948 (41 of 1948) in such country or place or before a notary of the
country or place, recognised by the Central Government under section 14 of the
Notaries Act, 1952 (53 of 1952), or before a judge or magistrate of the Country
or place.
(5) The person before whom an affidavit is
sworn to shall state the date on which and the place where the same is sworn to
and shall affix thereto his seal, if any, or the seal of the court if the
affidavit is sworn to before the court or an officer empowered by that court
and sign his name and state his designation and address at the end thereof.
(6) Any
affidavit purporting to have affixed, impressed or subscribed thereto or
thereon the seal or signature of any person authorised under sub-rule (4), in
testimony of the affidavit having been sworn to before him, may be admitted by
the Controller without proof of the genuineness of the seal or signature, or of
the official position of that person.
(7) Alterations and interlineations shall,
before an affidavit is sworn to or affirmed be authenticated by the initials of
the person before whom the affidavit is sworn to.
(8) Where
the deponent is illiterate, blind or unacquainted with the language in which
the affidavit is written, a certificate by the person before whom the affidavit
is sworn to, to the effect that the affidavit was read, translated or explained
in his presence to the deponent, and that the deponent seemed perfectly to
understand it and has signed the affidavit or affixed his mark in his presence,
shall be attached at the end of the affidavit.
(9) Every
affidavit filed before the Controller in connection with any proceedings under
the Act or these rules shall be duly stamped under the provisions of any law
for the time being in force.
112. Exhibits.
- Where there are exhibits to be filed in an opposition or any other
proceedings a copy or impression of each exhibit shall be supplied to the other
party at his request and expense; if copies or impressions of the exhibits
cannot conveniently be furnished, the originals shall be left with the
Controller for inspection by the person interested by prior appointment. The exhibits in original if not already left
with the Controller shall be produced at the hearing.
113. Directions
not otherwise prescribed. -
(1) Where
for the proper prosecution or completion of any proceedings under the Act or
these rules, the Controller is of opinion that it is necessary for a party to
such proceedings to perform an act, file a document or produce evidence, for
which provision has not been made in the Act or these rules, he may, by notice
in writing, require such party to perform the act, file the document or produce
the evidence specified in such notice.
(2) Where
an applicant or party to a proceeding desires to be heard or not, the
Controller may, at any time, require him to submit his statement in writing
giving such information as the Controller may deem necessary within the time
specified by him.
114. Exercise
of discretionary power by the Controller. – Before exercising any
discretionary power under the Act or these rules adversely to an applicant for
a patent or a party to a proceeding the Controller shall give such applicant or
party, a hearing, after giving him at least ten days notice of such hearing.
115. Application for review of
decisions or setting aside of orders of the Controller. -
(1) An
application to the Controller for the review of his decision under clause (f)
of sub-section (1) of section 77 shall be made in 1 [Form 25] in duplicate within one month
from the date of communication of such decision to the applicant or within such
further period not exceeding one month thereafter as the Controller may on a
request made in 1 [Form 4]
allow and shall be accompanied by a statement setting forth the grounds on
which the review is sought. Where the
decision in question concerns any other person in addition to the applicant,
the said application and statement shall be left in triplicate. The Controller shall, forthwith transmit a
copy of each of the applications and the statement to the other person
concerned.
(2) An
application to the Controller for setting aside an order passed by him ex parte
under clause (g) of sub-section (1) of section 77 shall be made in 1 [Form 25] in duplicate within one month
from the date of communication of such order to the applicant or within such
further period not exceeding one month as the Controller may on a request made
in 1 [Form 4] allow and shall
be accompanied by a statement setting forth the grounds on which the
application is based. Where the order
concerns any other person in addition to the applicant, the application and the
statement shall be left in triplicate.
The Controller shall, forthwith transmit a copy each of the applications
and the statement to the other person concerned.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f 2.6.1999.
116. Manner
of payment of compensation. -
(1) The
compensation in respect of acquisition of an invention or patent by the Central
Government under section 102 of the Act shall be payable by that Government in
a lump sum, if the amount of compensation does not exceed 1[one lakh rupees] and if such amount
exceeds 1[one lakh rupees] the
amount over and above the said amount of 1[one
lakh rupees] shall be payable in five equal annual instalments.
(2) If the
compensation payable in a lump sum or any of the instalments thereof referred
to in sub-rule (1) is not paid within thirty days of the date on which the
amount of instalments is due, if any, the Central Government shall be liable to
pay simple interest at the rate of 9 percentper annum reckoned from the day
immediately following the date of expiry of the said period of thirty days.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, for “Rs 10,000”, w.e.f 2.6.1999.
117. Form and manner in which statements required under section 146
(2) to be furnished. -
(1) The
statements which shall be furnished by every patentee and every licencee under
sub-section (2) of section 146, shall be 1[***]
duly verified by the patentee or the licensee or his authorised agent.
(2) The statements referred to in sub-rule
(1) shall be furnished in respect of every calendar year within three months of
the end of each year.
(3) The
Controller may publish the information received by him under subsection (1) or
sub-section (2) of section 146 in the Official Gazette and such newspapers and
trade journals as he may deem fit.
1. Omitted
by S.O 411 (E), dt. 2.6.1999 w.e.f 2.6.1999.
118. Form of
application for the issue of a duplicate patent. - An application for the issue of a duplicate
patent under section 154 1[***]
shall contain a statement setting out the circumstances in which the patent was
lost or destroyed or cannot be produced together with the fees as specified
therefor in the First Schedule.
1. Omitted
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
119. Supply
of certified copies and certificates. - Certified copies of any
entry in the register, or certificates of, or extracts from, patents,
specifications and other public documents in the patent office, or from
registers and other records kept there, may be furnished by the Controller on a
request thereof made to him and on payment of the fee specified therefor in the
First Schedule.
120. Request
for information under section 153. -
(1) A
request for information in respect of the following matters relating to any
patent or application for a patent shall be made in [respect of]: -
(a) As to
when a complete specification following a provisional specification has been
filed or an application for patent has been deemed to have been abandoned;
1
[(aa) As to when the examination
report has been issued for the first time.]
(b) As to
when a complete specification has been accepted or when an application for
patent has been refused;
(c) As to
when a patent has been sealed, or when the time for requesting sealing has
expired;
(d) As to when a renewal fee
has been paid;
(e) As to when the term of a
patent has expired or shall expire;
(f) As to
when an entry has been made in the register or application has been made for
the making of such entry; or
(g) As to
when any application is made or action taken involving an entry in the register
or advertisement in the Official Gazette, if the Nature of the application or
action is specified in the request.
(2) Separate request shall be
made in respect of each item of information required.
(3) The
fees payable on a request to be made under section 153 shall be as set out in
the First Schedule.
1. Ins. by S.O. 411(E), dt. 2.6.1999, w.e.f.
2.6.1999.
(1) The
authorisation of an agent for the purposes of the Act and these rules shall be
in 1[Form
26] or in the form of a power of attorney.
(2) Where
any authorisation has been made under sub-rule (1) service upon the agent of
any document relating to any proceeding or matter under the Act or these rules
shall be deemed to be service upon the person so authorising him; all
communications directed to be made to a person in respect of any proceeding or
matter may be addressed to such agent, and all appearances before the
Controller relating thereto may be made by or through such agent.
(3) Notwithstanding
anything contained in sub-rules (1) and (2), the Controller may, if it is
considered necessary, require the personal signature or presence of an
applicant, opponent or party to such proceeding or matter.
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
1
[(l)] In all proceedings before the
Controller, he may, subject to rule 46, award costs, as he considers
reasonable, having regard to all the circumstances of the case.
Provided that the amount of costs awarded in respect of any matters set
forth in the Fourth Schedule shall not exceed the amount specified therein.
2
[(2) Notwithstanding anything contained
in sub-rule (1), the Controller may, in his direction award a compensatory cost
in any proceeding before him which in his opinion is false or vexatious.]
1. Original
rule renumber as sub-section (1) by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
2. Ins.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
123. Powers
of Controller generally. - Any document for the amendment of which no special provision is made in
the Act may be amended and any irregularity in procedure which in the opinion of
the Controller may be obviated without detriment to the interests of any
person, may be corrected if the Controller thinks fit and upon such terms as he
may direct.
1 [124. Power to extend time prescribed. –
(1) The
time prescribed by these rules for doing of any act or the taking of any
proceeding thereunder may be extended by the Controller if he thinks it fit to
do so and upon such terms as he may direct, provided that one such extension
shall normally be granted by the Controller in every matter before him.
(2) Any
request for extension of time made under these rules shall be made within the
extendable period by request unless otherwise provided in these rules.]
1. Subs.
by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
125. Hearing
before the Controller to be in Public in certain cases. - Where
the hearing before the Controller of any dispute between two or more parties
relating to an application for a patent or to any matter in connection with a
patent takes place after the date of the publication of the complete
specification, the hearing of the dispute shall be in public unless the
Controller, after consultation with the parties to the dispute who appear in
person or are represented at the hearing, otherwise directs.
126. Repeal
and Amendment of the Indian Patents and Designs Rules, 1933. - The Indian Patents and Designs Rules, 1933, in
so far as they relate to patents are hereby repealed, that is to say, the said
rules shall stand amended in the manner specified in the Fifth Schedule.
1 [THE FIRST SCHEDULE
[See rule 7]
FEES
1. The
First Schedule subs. by S.O. 411 (E), dt. 2.6.1999, w.e.f. 2.6.1999.
|
No. of entry |
On what payable |
No. of the relevant from |
Amount of fees (in rupees) |
|
|
For individual (s) |
For legal entity Other than Individual (s) either alone or jointly with other (s) |
|||
|
1. |
2. |
3. |
4. |
5. |
|
1. |
On application for a patent under section 5(2), 7,
54 or 135 accompanied by provisional / complete specification. |
1 |
1,500 |
5,000 |
|
2. |
(i) On filling complete specification in
respect of application for patents for which provisional specification filed
before the commencement of the Patents (Amendment) Rules, 1999 (ii) On filing complete specification after
provisional |
2 2 |
1400 No fee |
4900 No fee |
|
3. |
On filing a statement and
undertaking under section 8. |
3 |
No fee |
No fee |
|
4. |
On request for extension of time under sections
9(l), 21(2), 25(l), 28(4), 43(3) or 53(3) and rules14(5), 24, 34(l), 48,
56(3) or 115. |
4 |
250 per month |
1,000
per month |
|
5. |
On filing a declaration as to inventorship under
rule 14(5). |
5 - |
No fee 500 |
No fee 2,000 |
|
6. |
On application for post
dating |
|
|
|
|
7. |
On application for
deletion of reference under section 19(2). |
- 6 |
500 500 |
2,000 2,000 |
|
8. |
(i) On claim under section 20(l); (ii) On request for direction under section
20(4) or 20(5). |
6 |
500 |
2,000 |
|
9. |
On request for postponement of acceptance of
complete specification under section 22. |
- |
500 |
2,000 |
|
10. |
On notice of opposition to grant of patent. |
7 |
1,500 |
5,000 |
|
11. |
On giving notice that hearing before Controller
will be attended. |
- |
1,500 |
5,000 |
|
12. |
On application under sections 28(2), 28(3) or
28(7). |
8 |
500 |
2,000 |
|
13. |
On request for sealing of a patent under section
43. |
9 |
1,500 |
5,000 |
|
14. |
On application under section 44 for amendment of
patent. |
10 |
1,500 |
5,000 |
|
15. |
On application for directions undersections5l (l)
or 51(2). |
11 |
500 |
2,000 |
|
16. |
On request for grant of a patent under section
52(2). |
12 |
1,500 |
5,000 |
|
17. |
On request for converting
a patent of addition to an independent patent under section 55(l). |
- |
500 |
2,000 |
|
18. |
For renewal of a patent under section 53. |
|
|
|
|
(i) Before the expiration of the 2nd year
from the date of patent in respect of 3rd year. |
- |
600 |
3,200 |
|
|
(ii) Before the expiration of the 3rd year in respect of the 4th year. |
- |
600 |
3,200 |
|
|
(iii) Before the expiration of the 4th year in
respect of the 5th year. |
- |
600 |
3,200 |
|
|
(iv) Before the expiration of the 5th year in
respect of the 6th year. |
- |
600 |
3,200 |
|
|
(v) Before the expiration of the 6th year in
respect of the 7th year. |
- |
1,500 |
4,500 |
|
|
(vi) Before the expiration of the 7th year in
respect of the 8th year. |
- |
1,500 |
4,500 |
|
|
(vii) Before the expiration of the 8th year in
respect of the 9th year. |
- |
1,500 |
4,500 |
|
|
|
(viii)
Before the expiration of the 9th year in respect of the 10th year. |
- |
1,500 |
4,500 |
|
(ix) Before the expiration of the 10th year in
respect of the 11th year. |
- |
3,500 |
10,000 |
|
|
(x) Before the expiration of the l1th year
in respect of the 12th year. |
- |
3,500 |
10,000 |
|
|
(xi) Before the expiration of the 12th year in
respect of the 13th year. |
- |
3,500 |
10,000 |
|
|
(xii) Before the expiration of the 13th year in
respect of the 14th year. |
- |
3,500 |
10,000 |
|
19. |
On application for
amendment of application for patent/complete specification under Section 57. |
13 |
|
|
|
(i)Before
acceptance |
|
700 |
2,500 |
|
|
(ii) After
acceptance |
|
1,000 |
6.000 |
|
|
20. |
On notice of opposition to
an application under section 57, 60, 92(2), 93(5) or to surender a patent
under section 63 or to a request under section 78(5) or section 93(5) is modified by section
24C. |
14 |
1,500 |
5,000 |
|
21. |
On application for
restoration of a patent under section 60. |
15 |
1,500 |
5,000 |
|
22. |
Additional fee for
restoration |
- |
3,000 |
10,000 |
|
23. |
On notice of offer to
surrender a patent under section 63. |
- |
1,000 |
3,000 |
|
24. |
Application for registration of a document in the register of patent under section 68 in respect of each patent. |
16 |
700 |
3,000 |
|
25. |
On application for the
entry in the register of patent of the name of a person entitled to a patent
or as a share or as a mortgagee or as licensee or as otherwise or for the
entry in the Register of Patents of notification of a document under sections
69(l) or 69(2) and rule 74(l), 74(2) or 74(3) in respect of each patent. |
17 |
700 |
3,000 |
|
26. |
On application for
alteration of an entry in the register of patents or register of patent agent under rule 78(l) or
rule 103. |
- |
200 |
500 |
|
27. |
On request for entry of an additional address for service in the Register of Patents under rule 78(3) |
- |
700 |
2,500 |
|
28. |
On application for
Compulsory license under sections 84(l), 96(l), 97(l) and sections 84(l) and
97(l) is modified by section 24C. |
18 |
1,500 |
5,000 |
|
29. |
On application by Central
Government for endorsement of Patent under Section 86(l) |
19 |
- |
5,000 |
|
30. |
On application for
revocation of a patent under section 89(l), and section 89(l) as modified by
section 24C |
20 |
1,500 |
5,000 |
|
31. |
On application for settlement of terms of license
or for revision of terms and conditions of license under sections 88(2) or
93(5) and section 93(5) as modified by section 24C. |
21 |
1,500 |
5,000 |
|
32. |
On application for permission of working a
patented invention under section 88(4) |
22 |
1,500 |
5,000 |
|
33. |
On application for registration as a patent agent under rules 94 or 97 |
23 |
1,000 |
- |
|
34. |
On request for appearing in the qualifying
examination under rule 95. |
- |
200 |
- |
|
35. |
For registration of a person as a patent agent
under rule 94 or 97. |
- |
1,000 |
- |
|
36. |
For continuance of the name of a person in the
register of patent agent. |
- |
- |
- |
|
|
(i) For
the lst year to be paid along with registration |
- |
500 |
- |
|
|
(ii)
For every year excluding the lst year to be paid on the 1st April in
each year. |
- |
500 |
- |
|
37. |
On application for restoration of the name of a
person in the Register of Patent Agents under Rule
102 |
24 |
1,000(Plus continuation fee under entry number 36) |
|
|
38. |
On a request for correction of clerical error
under section 78(l) |
- |
500 |
1,500 |
|
39. |
On application for review or setting aside the
decisions/order of the controller under sections 77(l)(f) or 77(l)(g). |
25 |
700 |
2,500 |
|
40. |
On statement regarding working of a patented
invention on a commercial scale in India under section 146(2). |
- |
No fee |
No fee |
|
41. |
On application for duplicate Patent under
section154 |
- |
1,000 |
3,000 |
|
42. |
On request for certified copies under section 72
or for certificate under section 147. |
- |
700 |
2,500 |
|
43. |
For certifying office copies, MSS or printed each.
|
- |
200 |
500 |
|
44. |
On request for inspection of register under
section 72. |
- |
200 |
500 |
|
45. |
On request for information under section 153. |
- |
300 |
1,000 |
|
46. |
On form of authorisation of patent agent. |
26 |
No fee |
No fee |
|
47. |
On petition not otherwise provided for. |
- |
1,000 |
3,000 |
|
48. |
For supplying of Xerox copies of the documents per
page. |
- |
10 |
10 |
|
49. |
Transmittal fee for International application. |
- |
1,500 |
5,000 |
|
50. |
For preparation of certified copy of priority
document and for transmission of the same to the International Bureau. |
- |
1,000 |
3,000 |
|
51. |
National fee in respect of International
application |
- |
1,500 |
5,000 |
|
52. |
On request for grant of exclusive marketing right
under section 24B. |
27 |
25,000 |
75,000 |
|
53. |
On application for compulsory license under
rule33-1. |
18 |
25,000 |
75,000 |
|
54. |
On application for revocation of exclusive
marketing right under rule 33-I |
20 |
1,500 |
5,000 |
|
55. |
On notice of opposition to application under rule
33K or rule 33N. |
14 |
10,000 |
30,000 |
|
56. |
On application for revision of terms and
conditions of License under rule 33M. |
21 |
10,000 |
30,000 |
|
57. |
On request for inspection of Register of exclusive
marketing right. |
- |
200 |
500 |
|
58. |
On
request for supply of Certified copy of the entry in the Register of
exclusive marketing right. |
- |
700 |
2,500] |
1 [THE SECOND SCHEDULE
(See rule
8)
FORMS
LIST OF FORMS
1.
The Second
Schedule subs. by S.O. 411 (E), dt. 2.6.1999, w.e.f 2.6.1999
|
Form No. |
Section and Rule |
Title |
|
1. |
2. |
3. |
|
1. |
Sections 5(2), 7, 54 or 135 and rule 33A. |
Application for grant of a Patent. |
|
2. |
Section 10. |
Provisional/Complete Specification. |
|
3. |
Section 8 and rule 13. |
Statement and undertaking. |
|
4. |
Sections 9(l), 21(2), 25(l), 26(4), 43(3) or 53(3)
and rules 14(5), 24, 34(l), 48, 56(3) or 115. |
Request for extension of time |
|
5. |
Section 10(6) and to rule 14(5). |
Declaration as inventorship. |
|
6. |
Sections 20(l), 20(4) or 20(5) and rules 29(l), 30
or 31 |
Claim or request regarding any change in applicant
for patent. |
|
7. |
Section 25 and rule 35. |
Notice of opposition to grant of a patent. |
|
8. |
Sections 28(2), 28(3) or 28(7) and rules 49, 50,
51. |
Request or claim regarding invention of inventor
as such in a patent. |
|
9. |
Section 43 and rule 56(l) |
Request for sealing of a patent. |
|
10. |
Section 44 and rule 58. |
Application for amendment of patent. |
|
11. |
Sections 51(l), 51(2) and rules 59, 60. |
Application for direction of the controller. |
|
12. |
Section 52 (2) and rule 62. |
Request for grant of patent. |
|
13. |
Section 57 and rule 65(l) |
Application for amendment of the application for
patent/Complete specification. |
|
14. |
Sections 24C, 57, 60, 63, 78(5), 92 or 93(5) and
rules 33K, 33N, 65(3), 69, 71(3), 82, 87(3) or 109 and sections 92 and 93(5)
as modified by section 24C. |
Notice of opposition to amendment/
Restoration/Surrender of Patent/ Grant of compulsory license or revision of
terms thereof or to a correction of clerical errors. |
|
15. |
Section 60 and rule 68. |
Application for restoration of patents. |
|
16. |
Section 68 and rule 73. |
Application for registration of a document. |
|
17. |
Sections 69(l) or 69(2) and rules 74(l)(a),
74(l)(b), 74(l)(c) 74(2)(a), 74(2)(b) or 74(3) |
Application for registration of title/ Interest in
a patent or share in it or registration of any document purporting to affect
proprietorship of the patent. |
|
18. |
Sections 84, 96 or 97 and rules 33-I, 80, and
sections 84 and 97 as modified by section 24C. |
Application for compulsory license. |
|
19. |
Section 86(l) and rule 80. |
Application by Central Government for Endorsement
of Patent. |
|
20. |
Section 89(l) and rules 33-1 or 80, and section
89(l) as modified by section 24C. |
Application for Revocation of a Patent. |
|
21. |
Sections 88(2), 93(5) and rules 83, 86 and section
93(5) as modified by section 24C. |
Application for settlement/ revision o terms and
conditions of license. |
|
22. |
Section 88(4) and rule 84. |
Permission to work the patented invention. |
|
23. |
Rules 94, 97 |
Application for registration of Patent Agent. |
|
24. |
Rule 102 |
Application for the restoration of the name in the
register of Patent Agents |
|
25. |
Sections 77(l) (f), 77(l) (g) and rules 115 (l) or
115 (2) |
Application for review/setting aside controller’s
decision/order. |
|
26. |
Sections 127, 132 and rule 121. |
Form of authorisation of a Patent Agent/or any
person in a matter or proceeding under the Act. |
|
27. |
Section 24B. |
Request for grant of exclusive marketing rights. |
|
28. |
Rule 33H |
Form for the grant of exclusive marketing rights.] |
1 [FORM 1
THE PATENTS ACT, 1970
(39 OF 1970)
APPLICATION FOR GRANT OF A PATENT
[See sections 5(2), 7, 54 and 135 and rule 33A]
1. Form 1 to Form 28, subs. by S.O. 411
(E), dt. 2.6.1999, w.e.f 2.6.1999.
1. I/We, 1……
(a) 2………………………………………………………………….
(b) 3…………………………………………………………………..
(c) 4…………………………………………………………………..
2. hereby declare-
(a) That I
am/we are in possession of an invention titled
(b) That the Provisional/Complete
Specification relating to this invention is filed with this application.
(c) That
there is no lawful ground of objection to the grant of a patent to me/us.
3. Further declare that the
inventor(s) for the said invention is/are 5……………………
(a) 6…………………………………………………………………………..
(b) 7…………………………………………………………………………..
(c) 8…………………………………………………………………………..
4. I/We claim the priority
from the application(s) filed in convention countries, particulars of which are
as follows: 9……………………………………………………………………
(a) 10………………………………………………………………………………..
(b) 11…………………………………………………………………………………
(c) 12…………………………………………………………………………………
(d) 13…………………………………………………………………………………
(e) 14…………………………………………………………………………
5. I/We state that the said
invention is an improvement in or modification of the invention, the
particulars of which are as follows and of which I/We are the
applicant/patentee:
(a) 15…………………………………………………………………………….
(b) 16…………………………………………………………………………….
6. I/We state that the
application is divided out of my/our application, the particulars of which are
given below and pray that this application deemed to have been filed
on……………………………….under section 16 of the Act.
(a) 17……………………………………………………………………………….
(b) 18………………………………and…………………………………………….
7. That I am / We are the assignee or legal
representative of the true and first inventors.
8. That my/our address for
service in India is as follows: 19………………………………….
9. Following declaration was
given by the inventor (s) or applicant (s) in the convention country:
I/We the true and first inventors for this invention or the applicant
(s) in the convention country declare that the applicant (s) herein is/are
my/our assignee or legal representative 20………….
(a) 6,
13 ………………………………………………………………………………………..
(b) 7 …………………………………………………………………………………………..
(c) 8 …………………………………………………………………………………………
(
) 21
10. That
to the best of my/our knowledge, information and belief the fact and matters
stated herein are correct and that there is no lawful ground of objection to
the grant of patent to me / us on this application.
11. Following are the
attachment with the application:
(a) Provisional/Complete
specification (3 copies).
(b) Drawings (3 copies).
(c) Priority
document (s).
(d) Statement
and Undertaking on FORM-3.
(e) Power
of authority.
(f)
……………………………………..
(g) ……………………………………..
(h)
……………………………………
(i) Fee Rs
……………in cash/cheque/bank draft bearing No. ……………….
Date……………on……………………..Bank.
I/We request that a patent may be granted to me/us for the said
invention.
Dated this………… day of 19…….. /20………
Signature22
(
) 23
To
The Controller of Patents
The Patent Office,
at ……………………
Note: (a) Strike
out whichever is inapplicable.
(b)
Fee: See the First Schedule.
1. Repeat
the columns (a) to (c) if there are more than one applicant.
2. Insert
the name in full. The family or principal name in the beginning if the
applicant is a natural person.
3. Insert
the complete address including postal index number/Code and State and/or
Country
4. Insert
the nationality.
5. Repeat
the columns (a) to (c) if there are more than one inventor.
6. Insert
the name in full. Family or principal
name in the beginning.
7. Insert
the complete address including the postal code, state and/or country.
8. Insert
the nationality.
9. Repeat
the columns (a) to (e) if there are more than one applications.
10. Name
of the country.
11. Application
Number.
12. Date
of application.
13. Application
in convention country.
14. Title
of the invention in the convention country.
15. Application
number of patent number.
16. Date
of application or date of patent.
17. Application
number including published serial number, if any.
18. Date
of filing of provisional specification and/or complete specification.
19. Complete
address including postal index number/code and state along with Telephone and
Telefascimile number (s).
20. Repeat
the columns (a) to (c) if necessary.
21. Signature
of the true and first inventor (s) or applicant in the convention country with
date.
Name of the natural person should
also be given below the signature.
22. To
be signed by the applicant (s) or if the applicants (s) is/are absent, by an
authorised patent agent.
23. Name
of the natural person who has signed.
FORM 2
THE PATENTS ACT, 1970(39 of 1970)
PROVISIONAL/COMPLETE SPECIFICATION
[See section 10]
1. 1 ……………………………………………………………………
2. 2(a)
3 …………………………………………………………………
(b) 4
…………………………………………………………………
(c)5 ……………………………………………………………………
The following specification (particularly)6 …………. describes6 ……… the
nature of the invention and the manner in which it is to be performed6………..
3. 7 ………………………………………………………………………
4. I/We
claim: 8 …………………………………………………
Dated this………… day of 19 ………/20………………..
Signature9
( ) 10
5. 11....
...... ……………... (Abstract of the invention)
To
The Controller of Patents
The Patent Office,
At …………………
Note: Strikeout whichever is inapplicable.
1. Title
of the invention.
2. Repeat the columns (a) to
(c) if there are more than one applicant.
3. Insert
the name in full. The family or
principal name in the beginning if the applicant is a natural person.
4. Insert
the complete address including postal index number/code, State and country.
5. Insert
the nationality.
6. Strike
out in case of provisional specification.
7. Description
of the invention.
8. Inapplicable
in case of provisional specification.
9. To
be signed by the applicant or his authorised registered patent agent.
10. Name
of the natural person who has signed.
11. (a)
Not applicable in case of provisional specification.
(b) Separate sheet to be used for this column.
FORM 3
THE PATENTS ACT, 1970
(39 of 1970)
STATEMENT AND UNDERTAKING UNDER SECTION 8
[See rule 13]
I/We 1………………………………………………………………
I hereby declare:
(i) That I/We who have made
this application alone/ jointly with2 ………………………….. ..............................................................,
made for the same invention application (s) for patent in the other countries,
the particulars of which are given below:
|
Name of the Country |
Date of application |
Application No. |
Status of the application |
Date of publication |
Date of grant. |
(ii) That
the rights in the application (s) has/have been assigned to 3…………………
...............................................................................................................................
(iii) That I/We undertake that upto the date of
acceptance of the complete specification by the controller, I/We would keep the
controller informed in writing the details regarding corresponding applications
for patents filed outside India within three months from the date of filing of
such application.
Dated this………….. day of 19……………………………… /20…………
Signature4
( )5
To
The Controller of Patents,
The Patent Office,
At…………………
1. Name,
address and nationality of the applicant.
2. Name,
address and nationality of the person.
3. Name,
and address of the assignee.
4. To
be signed by the applicant or his authorised registered patent agent.
5. Name
of the natural person who has signed.
FORM 4
THE PATENTS ACT,1970
(39 OF 1970)
REQUEST FOR EXTENTION OF TIME
[See sections 9 (1), 21 (2), 25 (1), 26 (4), 43(3) and
53 (3) and rules 14 (5), 24, 34 (1), 48,56 (3) and 115]
I/We1…………………………………………………………………………………………
……………………………………………………………………hereby request for extension of time
for……………………..months under
Section/Rule………………………………………………
The reasons for making the request are as follows:
…………………………………………………………………………………………………
……………………………………………………………
Dated this…………………day of 19………………../20…………
Signature2
( )3
To
The Controller of Patents,
The Patent Office,
At………………
Note: Fee: See the First Schedule.
1. Name, address and nationality.
2. To be signed by the applicant or
authorised registered patent agent.
3. Name of the natural person who has signed.
FORM 5
THE PATENTS ACT, 1970
(39 of 1970)
DECLARATION AS TO INVENTORSHIP
[See rule 14 (5) ]
I/We1………………………………………………………………………………………
Hereby declare that the true and first inventor (s) of the invention
disclosed in the complete specification filed in pursuance of my/ our
application numbered……………….. dated………… is/ are2 :
(a) 3……………………………………………………………………………………
(b) 4……………………………………………………………………………………
(c) 5……………………………………………………………………………………
Dated this……….day of 19…………./20…………..
Signature6
(
)7
If any person named as inventor at above is not so named in the
application, he must sign the following statements:-
I assent to the invention referred to in the above declaration, being
included in the complete specification filed in pursuance of the stated
application.
Signature 8
(
)7
To
The Controller of
Patents,
The Patent Office,
At………………..
Note: Strike out whichever is inapplicable.
1. Name
(s) of the applicant (s)
2. Repeat
the columns (a) to (c) if there are more than one inventor.
3. Insert
the name in full. The family name or principal name in the beginning
4. Insert
the complete address.
5. Insert
the nationality.
6. To
be signed by the applicant or his authorised registered patent agent.
7. name
of the natural person who has signed.
8. To
be signed by the inventor.
FORM 6
THE PATENTS ACT,1970
(39 of 1970)
CLAIM OF REQUEST REGARDING ANY CHANGE IN APPLICANT FOR PATENT
[ See sections 20 (1) 20 (4) and 20 (5) and rules 29 (1), 30 and 31)
I/we 1………………………………………………………
(a) 2…………………………………………………………
(b) 3…………………………………………………………
(c) 4
………………………………………………………
hereby request that the application for patent No.
…………..dated..............made
by 5 ……………may proceed in my/our name and
further request that direction of the Controller,
if necessary be made in that effect.
Reasons for making the above request are as follows :-
........................................................................................................................................
I furnish the following document (s) in support of my above request:
6................................…………………………………………………………………
(a) 7……………………………………………………………………………….
(b) 7 ……………………………………………………………………………….
(c) 7
………………………………………………………………………………….
My/Our address for service in
India is: 8…………………………………………
Dated this……..day of 19………../20
Signature9
( )10
To
The Controller of Patents,
The Patent Office,
At………………….
N.B.: This form is not
applicable for mere change of name.
Note: (a) Strike out whichever is inapplicable.
(b) See the first schedule.
1. Repeat
the columns (a) to (c) if there are more than one applicant.
2. Insert
the name in full. The family name or
principal name in the beginning if the applicant is a natural person.
3. Insert
the complete address including postal index number/code and state and/or
country.
4. Insert
the nationality.
5. State
the name of the applicant (s) for patent.
6. Original
and certified copies of the documents shall accompany the claim or request.
7. Insert
the details of the documents.
8. Complete
address including postal index number/code and state along with Telephone and
telefacsimile number (s).
9. To
be signed by the applicants (s) or
authorised registered patent agent.
10. Name
of the natural person who has signed.
FORM 7
THE PATENTS ACT, 1970
(39 of 1970)
NOTICE OF OPPOSITION TO GRANT OF A PATENT
[See section 25 and rule 35]
I/We1………………………………………………………………………………………………………………………………………………………………………………….
hereby give notice of opposition to the grant of a patent on application
for patent No……. (Serial No. …………. ) Dated………. made by…………on the grounds 2……..
My/Our address for services in India is:
3.....................…………………………………………………………………………
………………………………………………………………………………………… ………………………………………………………………………………………..
Dated this………….. day of 19…………./20……..
Signature4
( )5
To
The Controller of Patents,
The Patent Office,
At…………………..
Fee: See the First Schedule.
1. State
name, address and nationality.
2. State
the grounds taken one after another.
3. Complete
address including postal index number/code and state along with Telephone and
Telefacsimile number.
4. To
be signed by the opponent or by his authorised registered patent agent.
5. Name
of the natural person who has signed.
FORM 8
THE PATENT ACT, 1970
(39 of 1970)
REQUEST OR CLAIM REGARDING MENTION OF INVENTOR AS SUCH IN A PATENT
[See sections 28 (2), 28 (3) and 28 (7) and rules 49, 50 and 51]
1. I/we 1.............................................................................................................................
……………………………………………………………………………………….
hereby state/claim that the following person (s)/I/We be mentioned as
inventor(s) in the patent application No. ……..dated…….. made by
or
hereby
declare that 2 …………………………………………………………………..
………………………………………………………………………………
ought not to have mentioned as inventor in the application for Patent
No. ……….dated……………….made by……………………………and I/we hereby apply for a certificate
to that effect.
2. A statement setting out
the circumstances under which this application is made is attached together
with the copy/copies thereof as required under the Rules.
My/Our address for service in India is:
3................................................................................................................................................
..........………………………………………………………………………………………..
Dated this…… day of 19………/20……….
Signature4
( )5
To
The Controller of Patents,
The Patent Office,
At…………………
Note: Fee: See First Schedule.
1. State
name, address and nationality of the person making this application.
2. Insert
the name, of the person mentioned as inventor.
3. Complete
address including postal index number/code and state along with Telephone and
Telefacsimile number (s).
4. To
be signed by the applicant or his authorised registered patent agent.
5. Name
of the natural person who had signed.
FORM 9
THE PATENTS ACT, 1970
(39 of 1970)
REQUEST FOR THE SEALING OF A PATENT
[See section 43 and rule 56 (1) ]
I/We1……………………………………………………………………………………
….………………………………………………………………………………………
………………………………………………………………………………………….
request that a patent may be sealed on my/our application
No……………………..dated …………….Serial No……………and declare that no proceeding in
relation to that application is pending before the Controller or the High
Court.
That to best of my/our knowledge, information and belief the facts and
matters stated herfein are correct and that there is no lawful ground of
objection to the grant of a patent to me/us on this application.
Dated this………….. day of 19……………………. /20…………..
Signature2
( )3
To
The Controller of Patents,
The Patent Office,
At ……………..
Note: Fee: See the First Schedule.
1. State
the name of the applicants.
2. To
be signed by the applicant or authorised registered patent agent.
3. Name
of the natural person who has signed.
FORM 10
THE PATENTS ACT, 1970
(39 of
1970)
APPLICATION FOR AMENDMENT OF PATENT
[See section 44 and rule 58]
I/We 1………………………………………………………..
9a) 2…………………………………………………………..
(b) 3……………………………………………………………..
(c) 4……………………………………………………………..
(a) 2………………………………………………………………
(b) 3……………………………………………………………..
(c) 4 ………………………………………………………….
Hereby request that Patent No…………………………dated…………………granted to……….. may
be amended by substituting my/our name for the name of the grantee and in
support to my/our request, I/We furnish the following documents:
……………………………………………………………………………………….
………………………………………………………………………………………
My/ our address for service in India is:
5…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
Dated this ……………………..day of 19…………………./20…………………
Signature6
( )6
To
The Controller of Patents,
The Patent Office
At……………….
Note: Fee: See the First Schedule.
1. Repeat
the Columns (a) to (c) if there are
more than one applicant.
2. Insert
the name in full. Family or principal
name in the beginning if the applicant is a natural person.
3. Insert
the complete address including postal index number/code and state and /or
country.
5. Complete address including postal index
number/code and state along with Telephone and Telefacsimile number (s).
6. To
be signed by the applicant (s) or authorised registered patent agent.
7. Name
of the natural person who has signed.
FORM 11
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR DIRECTION OF THE CONTROLLER
[See section 51(l) and 51(2) and rules 59 and 60.]
I/We 1…………………………………………………………………….
……………………………………………………………………………
……………………………………………………………………………
hereby
apply for the following direction in respect of patent No………………dated…….. granted
to…………………………………….
The reasons for making this
application are as follows :
……………………………………………………………………………………..
………………………………………………………………………………………
My/our address for service in India is:
2…………………………………………………………………………………
…………………………………………………………………………………
............................................................................................................................
Dated this………… day of 19……………./20………….
Signature3
( )4
To
The Controller of Patents,
The Patent Office,
At……………….
Fee: See the First Schedule.
1. State
the name in full, address and nationality.
2. Complete
address including postal index number/code and state along with Telephone and
Telefacsimile number (s).
3. To
be signed by the applicant (s) or authorised registered patent agent.
4. Name
of the natural person who has signed.
FORM 12
THE PATENTS ACT, 1970
(39 of1970)
REQUEST FOR GRANT OF PATENT UNDER SECTION 52 (2)
[See rule 62]
I/We 1……………………………………………………………………
(a) 2…………………………………………………………………….
(b) 3……………………………………………………………………..
(c) 4……………………………………………………………………..
hereby declare:
(i) That I/we made a
petition under section 64 of the Act before the High Court of 5………. and the details of the patent and the
petition are given below.
Patent No.……dated ……….Grantee/Patentee……… Petition No. ……. Dated………..
(ii) That
I/we have claimed to be the true and first inventor (s)/assignee (s)/legal
representative (s) of 6…………………
the true and first inventor of the
invention for which the said patent was granted.
(iii) That by an order in the
said petition the patent was revoked/the complete specification of the patent
was directed to be amended by exclusion of ………….claims thereof.
(iv) That the court ordered to
grant to me a patent in lieu of the said patent/part of the invention excluded
by the amendment.
(v) That
I/we submit a statement and certified copy of the order of the Court in support
of my application and request that a patent be granted to me in accordance with
the order of the Court.
My/Our address for service India is: 7 ………………………………………………
Dated this………………….day of 19…………./20………………
Signature8
( )9
To
The Controller of Patents,
The Patent Office,
At…………………
Note: (a)
Strike out whichever is inapplicable.
(b) Fee: See the First Schedule.
1. Repeat
the columns (a) to (c) if there are more than one applicant.
2. Insert
the name in full. Family or principal
name in the beginning, if the applicant is a natural person,
3. Insert
the complete address including postal/or country.
4. Nationality
of the person.
5. Name
of the High Court.
6.
Name, address and nationality of the true and first inventor.
7. Complete
address including postal index number code state along with Telephone and
telefacsimile number (s).
8. To
be signed by the appliant (s) or authorised registered patent agent.
9. Name
of the natural person who has signed .
FORM 13
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR AMENDMENT OF THE APPLICATION
FOR PATENT/COMPLETE SPECIFICATION
(See section 5 and 7 and rule 65(l)]
I/We 1............................................................................................................................
…………………………………………………………………………………
Request leave to amend the application/complete specification with
respect to application for patent No………………………….dated……………………………. as shown in
the red ink in the copy hereto annexed.
My/Our reasons for making this request are as follows:
.......................................................................................................................................……………………………………………………………………………………………..
I/We declare that no action for infringement or for the revocation of
the patent in question is pending before a court.
I/We declare that the facts and matters stated herein are true to the
best of my/our knowledge information and belief.
Dated this……….day of ……19 /20…
Signature2
( ) 3
To
The Controller of Patents,
The Patent Office,
At……………………...
Fee: See the First Schedule.
1. Name,
address and nationality of the applicant(s).
2. To
be signed by the applicant(s) or patentee (s) or if the applicant (s) or
patentee(s) is/are absent from India by authorised registered patent agent.
3. Name
of the natural person who has signed.
FORAM 14
THE PATENTS ACT, 1970
(39 of
1970)
NOTICE OF OPPOSITION TO AMENDMENT /RESTORATION/SURRENDER OF PATENT/GRANT
OF COMPULSORY LICENCE OR REVISION OF TERMS THEREOF OR TO
CORRECTION OF CLERICAL ERRORS
[See sections 57, 60, 63, 78 (5) and 92 and 93 (5) rules 33K, 33N,
65(3), 69, 71(3), 82, 87(3) and 109, and sections 92 and 93(5) as modified by
section 24C]
I/We 1………………………………………………………………………………
hereby give notice of opposition:-
to the amendment of the application/specification with respect to
application for
Patent No……………….. /dated……………………………..
OR
to the application for restoration of Patent No……………….dated…………………..
OR
to the offer to surrender the Patent No………………….dated……………………….
OR
for the grant of compulsory licence, endorsement of patent or revocation
of patent
No………………dated……………….
OR
for the revision of the terms and conditions of licence in respect of
Patent
No…………………………..dated…………………………………………………
OR
for correction of a clerical error in Patent No…………..dated………………………..
Specification No……………dated……………….in respect of Patent No…………..
Dated…………or Patent application No………………dated………………………
To grounds in which the said opposition is made are as follows :
.......................................................................................................................................
My/Our address for service in India is: 2……………………………………………….
Dated this…………..day of 19……………../20…………
Signature3
( ) 4
To
The Controller of Patents,
The Patent Office,
At………………………..
Note: (a) Strike out whichever is inapplicable.
(b) Fee: See the First Schedule.
1. State
the name, address and nationality.
2. Complete
address including postal index number/code and state along with Telephone and
Telefacsimile number(s).
3. To
be signed by the opponent or authorised registered patent agent.
4. Name
of the natural person who has signed.
FORM -15
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR THE RESTORATION OF PATENT
(See section 60 and rule 681
I/We 1………………………………………………………………………………..
hereby apply for an order of the Controller for the restoration of
Patent No………….. dated……………….granted to………………………..
The circumstances, which led to the failure to pay the renewal fee of
Rs………………….
(Rupees………………………only) on or before…………………………………are as follows :
......................................................................................................................................................................................................................................................................................
I/We declare that I/we have not assigned the patent to any other person(s)
and that the facts and matters stated herein are true to the best of my/our
knowledge information and belief.
Dated this day……………. of 19……………. /20………………
Signature2
( ) 3
To
The Controller of Patents,
The Patent Office,
At…………………..
Fee: See the First Schedule.
1. Insert
the name, address nationality of the applicant.
2. To
be signed by the applicant (s) or if the applicant (s) is/are absent from
India, by authorised registered Patent agent.
3. Name
of the natural person who has signed.
FORM - 16
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR REGISTRATION OF A DOCUMENT
[See section 68 and rule 73]
I/We 1……………………………………………………………………………….
..............................................................................................………………………………………………………………………………………………………………………
hereby apply for the registration of a document the details of which are
given below,
in respect of Patent No……………….dated……………granted to…………………..
.............................and of which the patentee
is…………………………………………
in the register of patents.
Dated this……………day of 19……….. /20………..
Signature2
(
) 3
To
The Controller of Patents,
The Patent Office,
At…………………….
Fee: See the First Schedule.
1. Insert
the name, address and nationality.
2. To
be signed by the applicants or authorised registered patent agent.
3. Name
of the natural person who has signed.
FORM 17
THE PATENTS ACT, 1970
(39 of
1970)
APPLICATION FOR REGISTRATION OF TITLE / INTEREST IN A PATENT OR SHARE IN
IT OR REGISTRATION OF ANY DOCUMENT PURPORTING TO AFFECT
PROPRIETORSHIP OF THE PATENT
[See section 69(l), 69(2) and rules 74(l), 74(2) and 74(3)]
I/We 1........................................................................................................................
……………………………………………………………………………………….
……………………………………………………………………………………….
Hereby apply that my/our name(s) may be registered in the register of
patent as a person entitled to the patent/a share in the patent/an interest in
the patent details of which are specified below:
Patent No dated grantee patentee and in proof thereof we transmit the
accompanying 2……………….with a
certified copy thereof.
OR
Transmit herewith an attested Copy of
2……………………………………………in
Respect of Patent No.(s). ………. Dated…………….granted to……..……….of which
The patentee is………………………………………as well as the original document for
Verification and I/We hereby apply that a notification thereof may be
entered in the register of patents.
My/Our address for service in India is:
3......................................................................................................................................
...................................................………………………………………………………
Dated this……………day of 19………… /20………..
Signature4
( ) 5
To
The Controller of Patents,
The Patent Office,
At………………………
Note: (a) Fee: See the First Schedule.
(b) Strike out whichever is
inapplicable.
1. Insert
name, address and nationality of the applicant(s).
2. A
description of the nature of the document, giving the date and the names,
address and nationality of the parties thereto.
3. Complete
address including postal code and state along with Telephone and Telefacsimile
number(s).
4. To
be signed by the applicant or authorised registered patent agent.
5. Name
of the natural person who has signed.
FORM-18
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR COMPULSORY LICENCE
[See sections 84(l), 96(l) and 97(i) and rule 33-I, 80 and
sections 84(l) and 97(l) as modified by section 24C]
I/We 1…………………………………………………………………………..
........................................................................……………………………………
hereby apply for the grant of a compulsory licence under Patent No.
..……………
dated………….granted to……………for which the patentee is………………… on the following grounds, namely:
......................................................................................................................................
I/We declare that the facts and matters stated herein are true to the
best of my/our knowledge, information and belief.
The details of documentary evidence in support of my/our interest and
the grounds stated above are given below: 2……………………
(a) …………………………………………………………………………
(b) …………………………………………………………………………
(c) …………………………………………………………………………
MY/Our address for service in India is:
3......................................................................................................................................
.......................................………………………………………………………………
Dated this………….day of 19………./20………
Signature4
( ) 5
To
The Controller of Patents,
The Patent Office,
At……………………….
See the First Schedule.
1. Name,
address and nationality of the applicant(s).
2. Certified
copies of the documents are to be enclosed in duplicate.
3. Complete
address including postal code and state along with Telephone and Telefacsimile
number (s).
4. To
be signed by the applicant(s) or if the applicant(s) is/are absent from India
by authorised registered patent agent.
5. Name
of the natural person who has signed.
FORM-19
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION BY CENTRAL GOVERNMENT FOR ENDORSEMENT OF PATENT
UNDER SECTION 86(l)
[See rule 80]
The Central Government hereby applies for an order of the Controller in
respect of Patent No………………dated………….granted to………………………………… which the patentee is………………………….for the
endorsement of the patent with the words “Licences of Right” on the following
grounds, namely:
.................................................................................................................................... ………………………………………………………………………………………
………………………………………………………………………………………
The details of documentary evidence in support of the grounds stated
above are
given below: 1…………………………………
(a) ………………………………………………………………………
(b) ………………………………………………………………………
(c) ………………………………………………………………………
The address for service in India is:
2..................................................................................................……………………
..........……………………………………………………………………………….
Dated this………day of 19…… /20……..
Signature3
( ) 4
To
The Controller of Patents,
The Patent Office,
At…………………….
Fee: See the First Schedule.
1. Certified
copies of all the documents are to be enclosed in duplicate.
2. Complete
address including postal code and state along with Telephone and Telefacsimile
number (s).
3. To
be signed by a competent Officer of Central Government.
4. Name
of the natural person who has signed.
FORM-20
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR REVOCATION OF A PATENT
[See section 89(1) and rules 33-I and 80, and section
89(1) is modified by section 24C.]
I/We 1..........................................................................................................................
…………………………………………………………………………………………
hereby apply for revocation of Patent No……………..dated…………………granted
to………………………for which the patentee……………..………. is for the following reasons,
namely:
2........................................................................................................................................
………………………………………………………………….....................................
The details of documentary evidence in support of my/our interest and
the reasons stated above are given below:
3……………………….
(a) ………………………………………………………………………………….
(b) …………………………………………………………………………………
(c) …………………………………………………………………………………
I/We declare that the facts and matters stated herein are true to the
best of my/our knowledge, information and belief.
My/Our address for service in India is:
4.................................................................................................................................
.........................................………………………………………………………….
Dated this……….day of 19……../20……….
Signature5
( ) 6
To
The Controller of Patents,
The Patent Office,
At…………………….
Fee: See the First Schedule.
1. Name,
address and nationality of the applicant(s).
2. State
the nature of the applicant”s interest, the facts on which he relies and the
grounds on which the application is made.
3. Certified
copies of all the documents are to be enclosed in duplicate.
4. Complete
address including postal index number/code and state along with Telephone and
Telefacsimile number(s).
5. To
be signed by the applicant (s) or if the applicant(s) is/are absent from India,
by authorised registered patent agent.
6. Name
of the natural person who has signed.
FORM - 21
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR SETTLEMENT / REVISION OF TERMS AND CONDITIONS OF LICENCE
[See sections 88(2) and 93(5) and rules 33M(l), 83 and 86, and
section 93(5) as modified by section 24C.]
I/We 1………………………………………………………………………
hereby declare :
(i) that Patent
No………dated………..was grant to………………………….for
which the patentee is…………../myself/us.
(ii) that
the said patent has been endorsed with the words “Licences of Rights”
by an order made by the Controller on…………….under section 86.
OR
that the said patent is deemed to have been endorsed with the words
“Licence
of Rights” under section 87.
OR
that I/we holding licence under the patent granted by the Controller by
an
order dated………………….
(iii) that I/we have requested
the said……………….to grant me/us a licence
under the patent,
OR
That……………….has/have requested me/us to grant him/them a licence under
the patent. And we are unable to agree
on the terms of licence.
(iv) That the terms and conditions settled by
the Controller have proved to be more onerous than originally expected and we
are unable to work the invention.
(v) That
the circumstances in which this application is made are set forth in the
accompanying statement in duplicate.
I/We request the Controller to settle/revise the terms and conditions of
the licence.
Dated this………day of 19…. /20…
Signature2
( ) 3
To
The Controller of Patents,
The Patent Office,
At………………….
Note: (a) Fee: See the First Schedule.
(b) Strike out whichever is
inapplicable.
1. Name,
address and nationality of the applicants.
2. To
be signed by the applicants or authorised registered patent agent.
3. Name
of the natural person who has signed.
FORM 22
THE PATENTS ACT, 1970
(39 of 1970)
PERMISSION TO WORK THE PATENTED INVENTION
[See section 88(4) and rule 84]
I/We 1…………………………………………………………………………..
hereby apply for permission to work the invention of Patent No……………………
dated…………granted to………..for which the
patentee is………………………
(i) The
Patent has been endorsed with the words “Licences of Right” under section 86,
OR
The
Patent is deemed to be endorsed with the words “Licences of Rights” under
Section 87.
(ii) I/We
have made a requisition to the patentee under sub-section (1) of Section
88.
OR
I/We have applied to the Controller to settle the terms on……………………………..
(iii) The reasons for making
the application are as follows:
..........................................................................................................................
I/We request that I/we may be permitted to work the invention under such
terms as the Controller may think to impose.
My/Our address for service in India is:
2...............................................................................................................................….
………………………………………………………………………………………..
Dated this……….day of 19………/20……
Signature3
( ) 4
To
The Controller of Patents,
The Patent Office,
At……………………..
Note: (a) Fee:
See the First Schedule.
(b) Strike out whichever is
inapplicable.
1. Name,
address and nationality of the applicant(s).
2. Complete
address including postal index number/code and state along with Telephone and
Telefacsimile number(s).
3. To
be signed by the applicant(s) or authorised registered patent agent.
4. Name
of the natural person who has signed.
FORM 23
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR REGISTRATION OF PATENT AGENT
[See rules 94 and 97]
I beg to apply for registration as a patent agent under the Patents Act,
1970
A certificate of character1
From……………………………………………………
...................................................................……………………is
enclosed herewith.
I hereby declare that I am not subject to any of the disqualifications
specified in rule 98 of the Patent Rules 1972 and that the information given
below is true to the best of my knowledge and belief.
1. Name 2………………………………………………………………………….
2. Address/place
of residence :………………...……………………………
.........................................................................................………………………..
3. Principal
place of business :……………………………………………………….
4. Address
of the branch office if any………………………………………………..
5. Father’s
name :……………………………………………………………………
6. Nationality
:……………………………………………………………………….
7. Date
and place of birth.:…………………………………………………………..
8. Occupation
:……………………………………………………………………..
9. Particulars
of qualification for registration as patent agent 3………………………..
(a) ………………………………………………………………………….
(b) ………………………………………………………………………….
(c) ………………………………………………………………………….
Dated this…………day of 19………/20…….
Signature4
( ) 5
1. Certificate
testifying to the character of the applicant should be from a person not related
to him and being a Gazetted Officer or any other Person whom the Controller
thinks fit.
2. Family
or principal name in the beginning.
3. Either
original certificates and other documents or copies thereof duly attested by
the Gazetted Officer or any other person whom the Controller thinks fit must be
sent with the application.
4.
To be signed by the applicant.
5.
Name of the natural person who
has signed.
FORM - 24
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION
FOR THE RESTORATION OF THE NAME IN THE REGISTER
OF
PATENT AGENTS
[See rule 102]
I,
..........................................................................................................................
hereby apply for the restoration of my name to the register of patent agent, which
was removed
on…………………………………………………………..… under section 130 of the Patents Act, 1970. My name was originally entered in the
register on……………………………
under
No. ……………………………
Dated
this…………day of 19……. /20……..
Signature1
( ) 2
To
The Controller of Patents,
The Patent Office,
At……………………
Free: See the First Schedule.
1. To
be signed by the applicant.
2. Name
of the natural person who has signed.
FORM - 25
THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR REVIEW/SETTING ASIDE CONTROLLER”S DECISION/ORDER
[See sections 77(l)(f) and 77(1)(g) and rules 115(l) and 115(2)]
In the matter of 1
........................................................................................................
...............................................................................................................................…
……………………………………………………………………………………..
I/We 2……………………………………………………………………………
..................................................................................................................................
..................................................................................................................................
being the applicant(s)/opponent/party in the above matter hereby apply
for the
review/setting aside of the Controller’s decision/order dated the
………………in the above matter.
The grounds for making the application are set forth in the accompanying
statement in duplicate.
Dated this……….day of 19……./20…….
Signature3
( ) 4
To
The Controller of Patents,
The Patent Office,
At……………………….
Free: See the First Schedule.
1. State
the number of patent or patent application number and the relevant proceeding.
2. Name,
address and nationality of the applicant(s).
3. To
be signed by the applicant(s) or authorised registered patent agent.
4. Name
of the natural person who has signed.
FORM - 26
THE PATENTS ACT, 1970
(39 of 1970)
FORM OF AUTHORISATION OF A PATENT AGENT/OR ANY PERSON IN A MATTER OR
PROCEEDING UNDER THE ACT
[See section 127 and 132 and rule 121 ]
I/We 1……………………………………………………………………………
hereby authorise 2…………………………………………………………………
to act on my/our behalf in connection with 3…………………………………………
and request that all notices, requisitions and communication relating
thereto may be sent to such person at
the above address unless otherwise specified.
I/We hereby revoke all previous authorisation, if any made, in respect
of s matter or proceeding.
I/We hereby assent to the action already taken by the said person in the
above matter.
Dated this………..day of 19……./20……..
Signature4
( ) 5
To
The Controller of Patents,
The Patent Office,
At……………………….
To
be stamped under the Indian Stamp Act, 1899 (2 of 1899).
1. Insert
name, address and nationality.
2. Insert
the name, address and nationality of the person(s) to be authorised.
3. State
the particular matter or proceeding for which the authorisation is made.
4. To
be signed by the person(s) making this authorisation.
5. Name
of the natural person who has signed along with designation and official seal,
if any.
FORM 27
THE PATENTS ACT, 1970
(39 of 1970)
APPLICAT40N FOR GRANT OF EXCLUSIVE MARKETING RIGHTS
UNDER SECTION 24B
(To be made in triplicate)
(See rule 33B)
1. I/We 1…………………………
(a) 2……………………………………………………………………………
(b) 3……………………………………………………………………………
(c) 4……………………………………………………………………………
2. hereby declare-
(a) that I am/We are in
possession of an invention titled-
5..........…………………………………………………………………………….
(b) that an
application for protection of an invention has been made in India the following
official date with application number, namely:-
No. 6……………………………………………………………………………..
On ………………………………………………………………………………
(c) that I/We had made an applications for
the protection for an identical invention/inventions in the convention
country/countries and patent/patents has/have been granted for same
invention/inventions, and patent number/ numbers with official date/dates are
as follows:
In 10……………………………………………………………………..
No. 8………………………………………………………………………
Dated 9……………………………………………………………………….
or
(d) that
I/We had made an application for protection of a process patent in India
having patent application number……………………………..and a patent thereon
has been granted in India and an application
for a patent for a product obtained by that process has been made in India
under Rule 33A under
No. 6…………………………………………………………………………
Dated 7…………………………………………………………………………
(e) That
I/We have been granted marketing approval for the product of the invention in
convention/countries on the basis on appropriate tests conducted after
01-01-1995.
In 10………………………………………………………………………
On 11………………………………………………………………………
By 12………………………………………………………………………
(f) That I/We have obtained approval for
marketing of the said product from appropriate authority in India.
For 13……………………………………………………………………….
No. 14……………………………………………………………………….
On 15……………………………………………………………………….
By 12……………………………………………………………………….
(g) That
I/We believe that I am/We are entitled to a exclusive marketing right for the
said product having regards to the Provisions therefor in the law for the time
being in force.
3. I/We requests that I/We may be granted
an exclusive marketing right for the said product.
In Support of my/our request I/We hereby furnish the following documents 16………..
(a) …………………………………………………………………………………
(b) …………………………………………………………………………………
(c) …………………………………………………………………………………
4. I/We request that all
notices requisition and communications relating to this application my be sent
to:
..........................................……………………………………………………………….
Dated this…………day of 19………./20……..
Signature17
( ) 18
To
The Controller of Patents,
The Patent Office,
At………………………
Note: (a) Strike out whichever is inapplicable.
(b) Fee: See the First
Schedule.
1. Repeat
the columns (a) to (c) if there is more than one applicant.
2. Insert
the name in full. The family or
principal name in the beginning if the applicant is a natural person.
3. Insert
the complete address including postal index number/code and State and/or
country.
4. Insert
the nationality.
5. Insert
title of the invention.
6. Insert
application number of the invention.
7. Insert
official date of application made in India.
8. Insert
patent number/numbers of convention country/countries in which patent(s)
has/have been granted.
9. Insert
the official date of patent(s) granted.
10. Insert
name of the convention country/countries.
11. Insert
official date/dates of marketing approval on the basis of appropriate tests.
12.
13. Insert
the name of the product.
14. Insert
approval number/numbers obtained from Government of India.
15. Insert
official date/dates of approval of Govt. of India.
16. Original
or certified copies of all the documents should be furnished.
17. To
be signed by applicant(s) or by an authorised Patent Agent.
18. Name
of the natural person who has signed.
FORM 28
THE PATENTS ACT, 1970
(39 of 1970)
FORM FOR THE GRANT OF EXCLUSIVE MARKETING RIGHTS
(See Rule 33H)
No. ………………of…………….19…………. /20……………..
Whereas……………………………has declared that he is in possession of an invention
For……………………..and that he is a true and first inventor thereof (or the legal
representative or assignee of the true and first inventor) and that he his made
an application (No. ………………dated…………….) for grant of Patent thereof:
And whereas he has, by an application dated……………….requested that an
exclusive marketing rights to sell or distribute in India may be granted to him
for his article or substance
………………………….
Now, therefore the said applicant is hereby granted, subject to the
provision of the law for the time being enforce, the exclusive rights to sell
or distribute the said article/ substance in India by himself, his agents or
his licensees.
The exclusive right shall stand terminated at the end of five years from
the date grant of exclusive marketing rights, in India or on the date of
rejection of application for the grant of patent, whichever is earlier.
In witness thereof, the Controller has caused this exclusive marketing
rights to sell or distribute the above-mentioned article/substance granted as
of the………….day of….… 19……./20……….
CONTROLLER
OF PATENTS
(Seal)
FORM OF PATENT
[See rule 57]
GOVERNMENT OF INDIA
THE PATENT OFFICE
No. …………………………….of………………………..19…………
Whereas……………………………….has declared that he is in possession of in
invention For…………....and that he is the…………………….true and first inventor thereof
(or the legal representative or assignee of the true and first inventor) and
that he is entitled to a patent for the said invention, having regard to the
provisions of the Patents Act, 1970 and that there is no objection to the grant
of a patent to him;
And whereas he has, by an application, requested that a patent may be
granted to him for the said invention;
And whereas he has by and in his complete specification particularly
described and ascertained the nature of the said invention and the manner in
which the same is to be performed;
Now, these presents that the above-said applicant (including his legal
representatives and assignees or any of them) shall, subject to the provisions
of the Patents Act, 1970 and the conditions specified in section 47 of the said
Act, and to the conditions and provisions specified by any other law for the
time being in force, have the exclusive privilege of making, using, exercising,
selling or distributing any article or substance in India/using or exercising
the method or process in India, for a term of five years/seven years/fourteen
years from the ………………day of……………..
19…… and of authorising any other person
to do so, subject to the conditions that the validity of this patent is not
guaranteed and that the fee prescribed
for the continuance of this patent are duly paid.
In witness thereof, the Controller has caused this patent to be sealed
as of the ......................... day of……………….19………
Controller of Patents,
Date of sealing………
Note- The fees for renewal of this patent, if it is
to be maintained, will fall due on……………..
day of…………..19…………and on the same day in every year thereafter.
1[THE FOURTH SCHEDULE
(See proviso to rule 122)
1. The
Fourth Schedule, subs. by S.O. 411(E), dt. 2.6.1999, w.e.f. 2.6.1999.
|
Number Of entry |
Matter in respect of which cost is to be awarded. |
Amount of fees (in rupees) |
|
|
|
|
For individual (s) |
For legal entity other than individual (s) either alone or jointly
with other (s). |
|
1. |
2. |
3. |
4. |
|
1. |
For
notice of opposition under section 25, 57, 60, 63, 78, 92(2) or 93(5) and
sections 92(2), 93(5) as modified by section 24C. |
1,500 |
5,000 |
|
2. |
For
application for compulsory license or endorsement of patents under section
84(1), 86(1), 93(5), 96(1) or 97(1) and sections 84(1), 93(5) and 97(1) as
modified by section 24C. |
5,000 |
5,000 |
|
3. |
For
notice of intention to attend the hearing |
1,500 |
5,000 |
|
4. |
Stamp
fee for power of attorney, where a patent agent or other person has been
appointed or stamp fee in respect of relevant affidavits. |
The amount actually paid |
The amount actually paid |
|
5 |
For
written statement under rule 36 or reply statement under rule 37 or for each
affidavit, if relevant. |
2,500 |
2,500 |
|
6. |
For
each document or publication produced in the proceedings if relevant. |
1,000 |
1,000 |
|
7. |
For
each unnecessary or irrelevant affidavit or citation. |
1,000 |
1,000 |
|
8. |
For
every day or part day of hearing before the Controller |
2,500 |
2,500] |
[See rule 127]
AMENDMENTS TO THE INDIAN PATENTS AND DESIGNS RULES, 1933
1. Rule 1- In sub-rule (1), omit “Indian Patents and”
2. Rule 2-
(i) In
clause (a), omit “Indian Patents and”
(ii) In
clause (b), omit “an invention or” and “as the case may be”,
(iii) For
clause (c), substitute-
“(c) “Controller”
means the Controller General of Patents, Design, and Trade Marks, appointed
under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958
(43 of 1958).”
(jv) For
clause (d), substitute-
“(d) “Office”
means the patent office referred to in section 74 of the Patents Act, 1970 (39
of 1970).”.
3. Rule 3- In sub-rule (2), Omit “to a patentee or”,, and “register of patents
of,,, “as the case may be” and “or notice of Opposition”.
4. Rule 4-Omit “a patentee or”, “patent or the” and “patentee”.
5. Rule 5- In sub-rule (i), Omit “the grant of patents ,and”, patents and” and the
proviso.
6. Rule 6- Omit the proviso.
7. Omit
Chapter II.
8. Rule 48- for sub-rule (4), substitute,-
“(4) The
applicant may, after delivery to him of the copy of the registered proprietor’s
counter-statement, leave at the office, evidence by way of affidavits in
support of his case and shall also deliver to the registered proprietor a copy
thereof.
(5) The
registered proprietor may after delivery to him of the applicant’s evidence,
leave at the office evidence by way of affidavits in Support of his case and
shall also deliver to the applicant a copy thereof.
(6) The
applicant may after delivery to him of a copy of the registered proprietor’s
evidence leave at the office evidence in reply by way of affidavits and shall
also deliver to the registered proprietor a copy of such evidence.
(7) No further statement or evidence shall be
left by either party except by leave of or on requisition by the Controller.
(8) Where a
document in a language other thin English is referred to in any statement or
affidavit filed in connection with in application under section 51A or
opposition thereto, an attested translation of that document shall be furnished
in duplicate.
(9) The
time allowed for filing the counter-, statement or for leaving evidence by way
of affidavits shall ordinarily be one month which may be extended only by a
special order of the Controller given on a petition made by the art seeking
extension of time.
Provided that the extension so granted shall in no case exceed three
months in the aggregate.
(10) On
completion of the filing of the statement and the evidence referred to in
sub-rules (3) to (8) or at such other time is he may decide, the Controller
shall appoint a time for the hearing of the application and shall give the
parties not less than ten days, notice of such hearing
(11) If
either party desires to be heard, he shall give to the Controller a notice in
Form 7 of this intention to attend the hearing.
(12) If, at
the hearing, either party intends to refer to any publication, he shall give to
the Controller and to the other party not less than five days” notice of such
intention, together with the details of the publication to which he intends to
refer.
(13) After
hearing the party or parties desirous of being heard or without a hearing, if
neither party desires to be heard or attends the hearing, the Controller shall
decide on the application and the opposition, if any, and notify his decision
to the parties.”
9. In the heading to Chapter
IV, omit “Patents and”.
10. Omit
rules 49-51.
11. Rule 53- Omit “patentee or”.
12. Rule 54- Omit “to a patent or”, “patent or” and “ as the case may be”.
13. Rule 56- Omit “of a patent or”.
14. Rule 58- For “registers”, substitute “registers of designs”, and omit “of a
patent, or
15. Rule 59- For “Registers of Patents and Designs”, substitute “Register of
Designs”.
16. Rule 60- Omit “Patents or”.
17. Rule 61-
(i) Re-number
the existing rule as sub-rule (1) thereof, and in sub-rule (1) as so
re-numbered, omit “the Register of Patents or” and “and the procedure for the
disposal of such opposition shall be regulated by the provisions of rules 20,
21 and 22”;
(ii) After sub-rule (1) as so
renumbered, insert-
(2) The
opponent shall, within fourteen days of giving notice of opposition, leaving at
the office his written statement in duplicate setting out the nature of his
interest, the facts upon which he bases his opposition and the relief which he
seeks.
(3) The Controller shall furnish the
applicant with a copy each of the notice of opposition and the written
statement.
(4) The
procedure specified in sub-rules (4) to (13) of rule 48 relating to leaving
evidence and hearing shall, so far as may be, apply to the hearing of the
application under section 54 as they apply to the hearing of an application
under section 51A”.
18. Rule 62- In
Clause (a) of sub-rule (3), omit “in appeals under sections 9, IO (IA),
19. Rule 63- For “registers” substitute 11 register of designs” and omit “patents,
specifications”.
20. Omit
rule 63A.
21. Omit
rule 63D.
22. Rule 64- Omit “for a patent or” and “refused, or, as the case may be”.
23. The First Schedule-
(i) Omit
entries Nos. I to 24;
(ii) In
entry No. 25, omit “an unpatended invention or” and “40 or”;
(iii) In
entry No. 34 omit “of specifications etc.”, and for “Drawing” substitute
“Copies of representations of designs”;
(iv) omit
entry No. 37A;
(v) In
entries Nos. 41, 43 and 45 omit “of Patents or” and “or of the coming into
force of these Rules”;
(vi) In
entries Nos. 42 and 44, omit “of Patents or” and “and the coming into force of
these Rules”;
(vii) In
entry No. 46, omit “of Patents or”, “the grant of patens” and “and the coming
into force of these Rules”;
(viii) In
entry No. 48, omit “20 or”;
(ix) In
entry No. 52, omit “5, 9, 10 (IA), 16, 17”;
24. In the Second Schedule-
(i) for the list of forms,
substitute,-
“LIST
OF FORMS
|
Form No. |
Section of the Act or Rule |
Title |
|
4. |
Rule 38A |
Application for extension of time. |
|
5. |
43,69 |
Appeal |
|
7. |
Rule 48 or 61 |
Notice of intention to attend hearing |
|
14. |
40,52 |
Notice of intended exhibition or publication of an
unregistered design. |
|
15. |
43 |
Application for registration of design. |
|
16. |
78A |
Application for registration of design under
reciprocal arrangements. |
|
17. |
43 |
Application for registration of design applicable
to a set. |
|
18. |
Rule 41 |
Request for grounds of decision. |
|
19. |
47 |
Application for extension of copyright. |
|
20. |
51 |
Request for information when registration number
is furnished. |
|
21. |
51 |
Request for information when registration number
is furnished. |
|
22. |
51A |
Application to the Controller to cancel
registration of design. |
|
23. |
Rule 53 |
Request to alter name or address or address for
service in Register. |
|
24. |
20,46 |
Request for entries of two addresses in Register. |
|
25. |
63 |
Application for entry in Register. |
|
26. |
63 |
Application for entry in Register. |
|
27. |
Rule 53 |
Application for entry of notification of documents
in register. |
|
28. |
62 |
Request for correction. |
|
29. |
59 (Rule
63) |
Request for certificate. |
|
30. |
64 |
Application for rectification of Register. |
|
31. |
76 |
Power of authority to agent”. |
(ii) In
the heading to all the Forms, omit “Indian patents and”;
(iii) Omit
Forms 1, 1A, IB, IC, 1AC, 1CC, 2,2A, 2C, 2AC, 3,3A, 6,8,9, 10, 11, 11A, 11B,
IIC, 12, 13 and 29A;
(iv) In
form,-
(a) For
“Sections 4A, 5, 10, 14 or Rule 11 or 38A”, substitute “(See rule 38A)”;
(b) Omit
items (a) to (d).
(v) In Form
5, omit “Sections 5, 9, IO(IA), 16, 17”, and items (a) to (i).
(vi) In Form
7, for “Section 9, 10 (lA), 16, 17, 23D(5), 24 or 61”, substitute “(See rules
48 (ii) and 61)”.
(vii) In Form
23,-
(a) Omit
“of Patents or” and “Patent No of
(b) For
“Register of Patents”, substitute “Register of Designs”.
Designs
(c) In the
Note, omit “Patent or”.
(viii) In Form
24,-
(a) For
“Register of Patents/Designs” in the two places they occur, substitute
“Register of Designs”;
(b) Omit “20 or” and “Patent
No…………… of…………..”.
(ix) In Form
25,-
(a) For
“Register of Patents/Designs” in the two places they occur, substitute
“Register of Designs”;
(b) Omit
“of Patent(s) No(s) *………of ……..granted to2………
of which the title is 3 ……………”;
(c) Omit
marginal notes 2 and 3;
(d) In the
footnote,-
(A) Omit “or
the coming into force of the Indian Patents and Designs Rules, 1933;
(B) omit “patent
or” wherever occurring.
(x) In Form 26-
(a) For
“Register of Patents/Designs” in the two places they occur, substitute
“Register of Designs”;
(b) Omit
“in Patent(s) No(s)……… of………granted to 3……..
of which the title is 3…………”;
(c) Omit
marginal notes 3 and 4;
(d) In the
footnote,-
(A) Omit “or
the coming into force of the Indian Patents and Designs Rules, 1933”;
(B) Omit
“patent or” wherever occurring.
(xi) In Form 27,-
(a) For
“Register of Patents/Designs”, substitute “Register of Designs”;
(b) Omit
“29 or” and “Patent(s)”;
(c) In the
footnote,-
(A) Omit
“the grant of the patent or” and “or the coming into force of the Indian
Patents and Designs Rules, 1933”;
(B) Omit
“patent or” wherever occurring.
(xii) In Form 29,-
(a) Omit “Patent
No1………..of………….”.
(b) For the
marginal heading No. 1, substitute ““Insert number and class of design”.
(xiii) In Form
30,-
(a) For
“Register of Patents/Designs”, substitute “Register of Designs”;
(b) For
“Patents/Designs” substitute “Design”;
(c) In the marginal heading No.2, omit
“patent or of.
25. Omit the Third Schedule.
26. In
the fifths Schedule,-
(i) In
entry No.1, for “Sections 9, 16 and 17 and Rules 33 and 61”, substitute “Rule
48 and Rule 61”;
(ii) Omit
entries Nos. 2 and 3;
(iii) In
entry No. 8, omit “Rule 21(l) or”;
(iv) In
entry No. 9, omit “Rule 21(2) or”