The Gazette
of Pakistan
Extraordinary
Published by authority
ISLAMABAD, WEDNESDAY, DECEMBER 31, 2003
PART II
Statutory Notifications, (S.R.O)
GOVERNMENT OF PAKISTAN
MINISTRY OF INDUSTRIES AND PRODUCTION
Islamabad, the 23rd December, 2003.
NOTIFICATION
S.R.O.1142 (i)/2003.-In exercise of the powers conferred by section 105 of the Patents Ordinance, 2000 (Ordinance No. LXI of 2000) the Federal Government is pleased to publish the following Patents Rules, 2003. They will come into effect immediately: -
THE PATENTS RULES, 2003
CHAPTER I
PRELIMINARY
1. Short title and commencement:- - (1)
- These Rules may be called the Patents Rules, 2003.
- (2)
- They shall come into force at once.
2. Definitions:-
In these rules, unless there is anything repugnant in the subject or context,- - (a)
- “agent” means an advocate, or a person registered as an agent whose name is on the register of patent agents kept under section 79 and rule 45;
(2813)
Price: Rs. 63.00
[5382 (2003). Gaz.]
- (d)
- “Controller” means the Controller of Patents appointed under section 3;
- (e)
- “Convention application” shall have the meaning attributed to it under clause (c) of section 2;
- (f)
- “Form” means a form as set out in the Second Schedule to these rules;
- (g)
- “Graduate” means a graduate of a university established by law in Pakistan, any foreign University recognized by the Federal Government;
- (h)
- “Ordinance” means the Patents Ordinance, 2000 (LXI of 2000);
- (i)
- “patent” means a patent granted under the provisions of the Ordinance;
- (j)
- “Register” means the Register of Patents kept under section 54;
- (k)
- “research” means an effort to create or improve products or processes, especially by discovering new technology or advancing existing technology.
- (n( �/span>
- “section” means a section of the Ordinance;
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 2813 (b) “Chemical product” means a chemical compound; (c) “Claims” means claims made in the Patent application.
3. Fee:- - (1)
- The fee to be paid in respect of any application, registration or any other matter under the Ordinance and these rules shall be those specified under the First Schedule to these rules, hereinafter referred to as the prescribed fee.
- (2)
- Fee may be paid in cash at the Patent Office or may be sent by money order or postal order or cheques or bank drafts on a scheduled bank, payable to the Controller of Patents at Karachi, and if sent through the post shall be deemed to have been paid at the time when the money order, or the properly addressed and prepaid letter containing the cheque or the bank draft or the postal order, would be received in the ordinary course of post or courier.
- (3)
- Cheques or bank drafts not carrying the correct addition for commission, and other cheques on which the full value cannot be collected in cash within the time allowed for payment of the fee shall be accepted only at the discretion of the Controller.
- (4)
- Stamps shall not be received in payment of fee.
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003
4. Forms:-
The forms set out in the Second Schedule to these rules with such variations as the circumstances of each case require, shall be used for the respective purposes therein mentioned, and if used, shall be sufficient.
5. Language, Size and nature of documents:- - (1)
- All documents (including drawings) making up an application for a patent or replacing such documents shall be in the English language. In case any document is in a language other then English a translation thereof in English verified by statutory declaration or otherwise to the satisfaction of the Controller shall be furnished.
- (2)
- All documents referred to in sub-rule (1) above shall be so presented as to permit of direct reproduction by photography, electrostatic processes, photo offset and micro-filming, in an unlimited number of copies, all sheets shall be free from cracks, creases and folds. Only one side of the sheet shall be used.
- (3)
- All documents referred to in sub-rule (1) above shall be on stout white A4 size paper (29.7cm X 21cm).
- (4)
- The request for the grant of a patent and the description, claims, drawings and abstract shall each commence on a new sheet.
- (5)
- Subject to sub-rule (1) of rule 11(1), the minimum margins shall be as
follows:
Top 2.0cm
Left side 2.5cm
Right side 2.0cm
Bottom 2.0cm
- (6)
- The margins of the documents making up the application may contain the marginal numbers.
- (7)
- In the application, except in the drawings,-
- (a)
- all sheets in the request shall be numbered consecutively; and
- (b)
- all other sheets shall also be numbered consecutively.
- (8)
- All sheets of drawings contained in the application shall be numbered consecutively.
- (9)
- Every document (other than drawings) referred to in sub-rule (1) above shall be typed or printed in legible characters in a black, indelible ink in at least 1 ½ line spacing.
Provided that any forms may be filled in writing, and that graphic symbols and characters and chemical and mathematical formulae may be written or drawn, in a black indelible colour.
(10)In all documents referred to in sub-rule (1) above units of weights and measures shall be expressed in terms of the metric system. If a different system is used they shall also be expressed in terms of the metric system. Temperatures shall be expressed in degrees Celsius. For the other physical values, the units recognized in international practice shall be used, for mathematical formulae the symbol, in general use, and for chemical
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 formulae the symbols, atomic weight and molecular formulae in general use shall be employed. In general, use should be made of technical terms, signs and symbols generally accepted in the relevant field. (11)If a formula or symbol is used in the specification, a copy thereof prepared in the same manner as drawings shall be furnished if the Controller so directs.
(12)The terminology and the signs shall be consistent throughout the application.
(13)All documents referred to in sub-rule (1) above shall be reasonably free from deletions and other alterations, overwritings and interlineations and shall, in any event, be legible.
6. Leaving and serving documents:- - (1)
- Any application, notice or other document authorized or required to be left, made or given at the Patent Office, or to the Controller or to any other person under the Ordinance or these rules, may be sent by hand, or by a prepaid letter through the post or courier service, and if sent by a prepaid letter shall be deemed to have been left, made or given at the time when the letter containing the same would be received in the ordinary course of post and courier service.
- (2)
- Any written communication addressed to a right holder at his address as it appears on the Register or at his address for service, or to any applicant or other person in any proceedings under the Ordinance or these rules, at the address appearing on the application or notice, or given for service, shall be deemed to be properly addressed.
7. Address for service:- - (1)
- Every applicant or opponent in any proceedings under the Ordinance or these rules and every person who shall thereafter becomes a patentee shall give an address for service in Pakistan and such address may be treated, for all purposes connected with the patent, as the actual address of such applicant, opponent or registered proprietor. Unless such an address is given, the Controller shall be under no obligation either to proceed with the application or the opposition, or to send any notice that may be required by the Ordinance or these rules.
- (2)
- For all matters falling under the provisions of section 81, any person may, unless otherwise directed by the Controller, authorize, under his personal signatures, a legal practitioner or a patent agent to act as his agent and to receive all notices, requisitions and communications. The authority may be given in the form as set out in Form P-28.
CHAPTER II
APPLICATION FOR GRANT OF PATENTS
8. Application for the grant of Patents:- - (1)
- An application for grant of a patent, other than a Convention application, by the true and first inventor shall be made in the form as set out in Form P-1, Provided that if the true and first inventor is not a party to the application, the applicant shall produce the original deed of assignment or other document from such true and first inventor, under which he is entitled to apply for a patent, unless such an application made in the form set out in Form P-1A itself is endorsed by the true and first inventor(s) in the presence of two witnesses with a statement that the application shall be made without his name as an applicant for the patent.
- (2)
- A convention application by the true and first inventor shall be made in the form as set out in Form P-2.provided that if the true and first inventor is not a party to the application, the applicant shall produce the original deed of assignment or other document from such true and first inventor, under which he is entitled to apply for a patent, unless such application made in the form as set out in Form P-2A itself is endorsed by the true and first inventor in the presence of two witnesses with a statement that the application shall be made without his name as an applicant for a patent.
- (3)
- In the case of an application, other than a Convention application, by the personal representative of a deceased person, who, immediately before his death, was entitled to make such an application, the probate of the will of the deceased, or the letter of administration of his estate, or an official copy of the probate or letter of administration, shall be produced at the Patent Office in proof of the applicant’s title to act as the personal representative.
- (4)
- Where in pursuance of sub-section (3) of section 14, the Controller allows a single complete specification to be proceeded with in respect of two or more applications in respect of which two or more provisional specifications have been filed, the single complete specification may include any matter disclosed in any of the said specifications and shall be deemed to have been filed on such date, not earlier than the earliest date on which all the matter disclosed in the said single complete specification has been disclosed to the Patent Office in or in connection with the applications, as the Controller may direct.
- (5)
- Where an applicant has made an application for a patent and, before the acceptance of the complete specification, makes a divisional application for a patent for matter included in the first mentioned application or in any specification filed in pursuance thereof, the Controller may direct that the fresh application or any specification filed in pursuance thereof shall be ante-dated to a date not earlier than the date of filing of the first mentioned application or specification if the applicant includes in the fresh application a request to that effect.
Provided that the Controller may require such amendment of the complete specification filed in pursuance of either of the said applications
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 as may be necessary to ensure that neither of the said complete specification includes a claim for matter claimed in the other. - (6)
- Where a complete specification has been filed pursuant to two or more applications accompanied by provisional specifications for inventions which the applicant believes to be cognate or modifications one of another, and the Controller is of opinion that such inventions are not cognate or modifications one of another, the Controller may allow the complete specification to be divided into such number of complete specifications as may be necessary to enable that applications to be proceeded with as two or more separate applications for patents.
- (7)
- Where a single Convention application has been made in respect of all or part of the inventions in respect of which two or more applications for protection have been made in one or more Convention countries, and the Examiner reports that the claims of the specification filed in the said Convention application relate to more than one invention, the Controller may allow one or more further applications to be filed and the specification to be divided into such number of specifications as may be necessary to enable two or more separate Convention applications to be proceeded with and may direct that the said applications be deemed to have been filed on the date of filing of the original application.
- (8)
- Where in pursuance of sub-section (1) of section 88 the Controller allows more than three months to file a copy or copies of the specification or specifications, and drawings or documents filed or deposited by the applicant or his predecessor in title, as the case may be, in respect of the Conventional application, a request for such extension of time shall be made in the form as set out in Form P-4 provided, however that such extension shall not exceed maximum 3 periods of 3 months each from the date of filing of the Convention application.
- (9)
- Save as aforesaid, all proceedings in connection with a Convention application shall be taken within the time and in the manner required by the Ordinance or prescribed by these rules for ordinary applications.
(10)Applications shall, on receipt by the Controller, be numbered and dated in the order of their receipt.
CHAPTER III
SPECIFICATION, ABSTRACT AND DRAWINGS
9. Specification:- - (1)
- Every specification, whether provisional or complete, shall begin with title and 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 and patent application as the case may be with a definite statement that the invention comprises an improvement in, or a modification of, the invention claimed in the specification of the main patent or patent application as the case may be.
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 - (3)
- Where the invention is capable of elucidation and presentation by drawings, such drawings shall be prepared in accordance with rule 11 and shall be supplied with, and referred to in detail in the 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, abstract, claims and drawings.
- (5)
- The Third Schedule to these rules shall have effect in relation to certain applications for patents, and patents for inventions which involve the use of or concern biological material.
10. Abstract:- - (1)
- The abstract shall commence with the title for the invention.
- (2)
- The abstract shall contain a concise summary of the matter contained in the specification. The summary shall indicate the technical field to which the invention belongs and be drafted in a way which allows a clear understanding of the technical problem to which the invention relates, the gist of the solution to that problem through the invention and the principal use or uses of the invention. Where appropriate, the abstract shall also contain the chemical formula which, among those contained in the specification, best characterizes the invention. It shall not contain statements on the alleged merits or value of the invention or on its speculative application.
- (3)
- The abstract shall normally consist of not more than 2 pages.
- (4)
- If the specification contains any drawings, the applicant shall indicate on the abstract the figure or, exceptionally, the figures of the drawings which he suggests should accompany the abstract when published. The Controller may decide to publish one or more other figures if he considers that they better characterise the invention. Each main feature mentioned in the abstract and illustrated by a drawing shall be followed by the reference sign used in that drawing.
11. Drawings:- - (1)
- Drawings shall be on sheets the usable surface area of which shall not exceed 26.2 cm by 17 cm. The sheets shall not contain frames round the usable or used surface. The minimum margins shall be as follows,-
Top 2.5 cm
Left side 2.5 cm
Right side 1.5 cm
Bottom 1.0 cm
- (2)
- Drawings shall be executed as follows,-
- (a)
- without colouring in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction;
- (b)
- cross-sections shall be indicated by hatching which does not impede the clear reading of the reference signs and leading lines;
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 - (c)
- the scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty. If, as an exception, the scale is given on a drawing, it shall be represented graphically;
- (d)
- all numbers, letters, and reference signs, appearing on the drawings shall be simple and clear and brackets, circles and inverted commas shall not be used in association with numbers and letters;
- (e)
- elements of the same figure shall be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the figure;
- (f)
- the height of the numbers and letters shall not be less than 0.32 cm and for the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used;
- (g)
- the same sheet of drawings may contain several figures. Where figures drawn on two or more sheets are intended to form one whole figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures. The different figures shall be arranged without wasting space, clearly separated from one another. The different figures shall be numbered consecutively in English numerals, independently of the numbering of the sheets;
- (h)
- reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa. The same features, when denoted by reference signs, shall, throughout the application, be denoted by the same signs;
- (i)
- the drawings shall not contain textual matter, except, when required for the under standing of the drawings, a single word or words such as “water”, “steam”, “open”, “closed”, section on AA”, and, in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords; and
- (j)
- the sheets of the drawings shall be numbered in accordance with sub-rule (9)of rule 5.
- (3)
- Flow sheets and diagrams shall be considered to be drawings for the purposes of these Rules.
- (4)
- Drawings shall bear,-
- (a)
- in the left-hand top corner the name of the applicant and, in the case of drawings filed with a complete specification after one or more provisional specifications, the numbers and years of the applications;
- (b)
- in the right-hand top corner the number of sheets or drawings sent and the consecutive number of each sheet, and the words ‘original’ or ‘true copy’ as the case may require;
- (c)
- in the right-hand bottom corner the signature of the applicant or his agent.
- (5)
- The title of the invention shall not appear on the drawings.
- (6)
- No descriptive matter shall appear on constructional drawings, but drawings in the nature of flow sheets may bear descriptive matter to show
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 the materials used and the chemical or other reactions or treatments effected in carrying out the invention. - (7)
- Drawings showing a 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.
- (8)
- No drawing or sketch, other than a graphic chemical formula or a mathematical formula, symbol or equation, shall appear in the verbal part of the specification and if such a formula, symbol or equation is used therein in a copy thereof, prepared in the same manner as original drawings, shall be furnished if the Controller so directs.
- (9)
- Drawings shall be delivered at the Patent Office free from folds, breaks or creases, which would render them unsuitable for reproduction.
(10)If an applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those filed with the provisional specification.
12. Manner of Making amendments:- - (1)
- When a specification, or any drawing accompanying it, requires an amendment, one copy shall be returned to the applicant or his agent and all amendments 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 pasting, or as footnotes, or by writing in the margin.
- (2)
- The amended document shall be returned to the Controller together with the cancelled or replaced pages or drawings, if any, duly marked, cancelled and initialed by the applicant or his agent, along with a duplicate of any pages that have been added or substantially amended. Amendments, alterations or additions shall be initialed in the margin by the applicant or his agent.
- (3)
- No amendments, alterations or additions shall be made in a document returned for amendment, beyond those necessary to comply with the requirements of the Controller.
13. Application under section 101:-
Application under section 101 shall be made in the form as set out in Form P-30.
CHAPTER IV
EXAMINATION OF APPLICATIONS, PUBLICATION,
OPPOSITION, SEALING OF PATENT AND RENEWALS
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003
14. Procedure under Section 16:- - (1)
- When the Examiner, in pursuance of the requirements of sub-section (1) of section 16, reports that the invention as claimed in any claim of the complete specification has been published in any specification or other document, or otherwise cannot be accepted for the reasons specified in his report, the applicant shall be so informed in writing and shall be afforded an opportunity of amending his specification.
- (2)
- If the applicant re-files his specification and the Examiner is not satisfied with the amendments, the applicant shall be given an opportunity to be heard in the matter if he so requests.
- (3)
- Whether or not the applicant has re-filed his specification, the Controller may appoint a hearing if he considers it desirable to do so, having regard to the time remaining for putting the application in order or other circumstances of the case.
- (4)
- When a hearing is appointed, the applicant shall be given at least ten days’ notice of the appointment or such shorter notice as appears to the Controller to be reasonable in the circumstances and shall as soon as possible notify the Controller in the form as set out in Form P-8 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 prescribe or permit such amendment as will be to his satisfaction and may refuse to accept the complete specification unless the amendment is made within such period as he may fix, not exceeding the total period prescribed under sub-section (6) of section 16.
- (6)
- An application for extension of time under the first proviso of sub-section
(6) of section 16 shall be made in the form as set out in Form P-4.
- (7)
- An application for postponement of normal acceptance by the applicant under the second proviso of sub-section (6) of section 16 shall be made in the form as set out in Form P-4.
15. Reference to other patents:- - (1)
- When, pursuant to the requirements of sub-section (1) of section17, the Controller directs that reference to a patent shall be inserted in the applicant’s complete specification, the reference shall be inserted in the following form:-“Reference has been directed in pursuance of sub-section (1) of section 17 of the Patents Ordinance 2000, to Patent No._________.”
- (2)
- An application under sub-section (2) of section 17 for the deletion of a reference inserted pursuant to a direction under sub-section (1) of section 17 shall be made in the form as set out in Form P-5, and shall state fully the facts relied upon in support of the application.
16. Substitution of applications, etc. under section 18:-
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 - (1)
- A claim under sub-section (1) of section 18 that an application for a patent shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicants shall be made in the form as set out in Form P-6 and shall be accompanied by a certified copy of any assignment or agreement upon which the claim is based.
- (2)
- The original assignment or agreement 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.
17. Advertisement of application:- - (1)
- The Controller shall advertise the acceptance of every application in the Official Gazette.
- (2)
- Within thirty days from the date of receipt of the notice of acceptance of the application, the applicant shall send a copy of the abstract of the complete specification ‘as accepted’ to the institutions at the addresses mentioned in the Fourth Schedule to these rules by registered post.
18. Opposition to grant of patent:- - (1)
- A notice of opposition to the grant of a patent,
- (a)
- shall be given in the form as set out in Form P-7;
- (b)
- shall state the ground or grounds on which the opponent intends to oppose the grant, and
- (c)
- shall be accompanied by a statement in duplicate setting out fully the nature of the opponent’s interest, the facts upon which he relies and the relief which he seeks.
- (2)
- A copy of the notice and of the statement shall be sent by the Controller to the applicant.
- (3)
- If the applicant desires to proceed with his application, he shall, within two months of the receipt of such copies, file a counterstatement setting out fully the grounds upon which the opposition is contested and deliver to the opponent a copy thereof.
- (4)
- The opponent may within two months from the receipt of the copy of the counterstatement file evidence in support of his case and shall deliver to the applicant a copy of the evidence.
- (5)
- Within two months from the receipt of the copy of the opponent’s evidence or, if the opponent does not file any evidence, within two months from the expiration of the time within which the opponent’s evidence might have been filed, the applicant may file evidence in support of his case and shall deliver to the opponent a copy of the evidence; and within two months from the receipt of the copy of the applicant’s evidence, the opponent may file evidence confined to matters strictly in reply and shall deliver to the applicant a copy of the evidence.
- (6)
- No further evidence shall be filed by either party except by leave or direction of the Controller.
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 - (7)
- Copies of all documents referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition, shall be furnished in duplicate for the Controller’s use unless he otherwise directs. Such copies shall accompany the notice, statement or evidence in which they are referred to.
- (8)
- Where specification or other document in a foreign language is referred to, a translation thereof, verified by statutory declaration or otherwise to the satisfaction of the Controller, and two copies of the translation, shall also be furnished.
- (9)
- On completion of the evidence if any, or at such other time as he may deem fit, the Controller shall appoint a time for the hearing of the case, and shall give the parties at least thirty days’ notice of the appointment.
(10)If either party desires to be heard he shall within ten days of receipt of the notice under sub-rule (9) above notify the Controller in the form as set out in Form P-8 and the Controller may refuse to hear either party who has not filed the said form prior to the date of hearing.
(11)If either party intends to refer at the hearing to any publication not already mentioned in the proceedings, he shall give to the other party and to the Controller at least ten days’ notice of his intention, together with details of each publication to which he intends to refer.
(12)After hearing the party or parties desiring to be heard or, if neither party desires to be heard, then without a hearing, the Controller shall decide the case and notify his decision to the parties.
(13)If in consequence of the proceedings the Controller directs that a reference to another patent shall be inserted in the applicant’s specification under sub-section (1) of section 17, the reference shall be as prescribed by rule
15.
(14)If the applicant notifies the Controller that he does not desire to proceed with the application, the Controller in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if the opponent had given reasonable notice to the applicant before the opposition was filed.
19. Observations under section 24:- - (1)
- Observations under section 24:-
- (a)
- shall be given in the form as set out in Form P-9
- (b)
- shall be accompanied by a statement in duplicate setting out fully the nature of the observant’s interest, the facts upon which he relies.
- (2)
- Subject to sub-rule (2) below, the Controller shall send to the applicant a copy of,-
- (a)
- any document containing observations which he receives under sub-rule (1); and
- (b)
- any document referred to in any such observations being a document which he receives from the person making them.
- (3)
- Nothing in sub-rule (2) above shall impose any duty on the Controller in relation to any document,-
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 - (a)
- a copy of which it appears to the Controller is readily available for retention by the applicant; or
- (b)
- which in his opinion is not suitable for photocopying, whether on account of size or for any other reason.
- (4)
- The Controller shall refer the observations to the Examiner and the Examiner shall consider and comment upon them as he thinks fit.
- (5)
- The Controller shall send a copy of the Examiner’s comments to the applicant.
- (6)
- A person does not become a party to any proceedings under the Ordinance before the Controller by reason only that he makes observations under section 24.
20. Secrecy Directions under section 25:-
Where directions given by the Controller under sub-section (1) of section 25, prohibiting the publication of information with respect to an invention forming the subject of an application for a patent have been revoked and a patent is granted on the application, no renewal fees shall be payable in respect of any year which commences in the period during which directions were inforce.
21. Sealing of patents under section 27:- - (1)
- A request for the sealing of patent on an application shall be made in the form as set out in Form P-10 and shall accompany a copy of the evidence of dispatch of abstract under sub-rule (2) of rule 17.
- (2)
- An application under sub-section (3) of section 27 for the extension of the period for making a request for the sealing of a patent shall be made in the form as set out in Form P-4
22. Form of patent:- - (1)
- Subject to sub-rule (2), the patent shall be in the form given in the Fifth Schedule to these rules, with modifications as the circumstances of each case may require and shall bear a number according to the application, after acceptance:
- (2)
- The patents granted to applications filed under sub-section (7) of section 16, shall be in the form given in the Sixth Schedule to these rules.
23. Procedure under section 28:-
An application under section 28 for the amendment of a patent granted to deceased person shall be made in the form as set out in Form P-11
Published by authority
ISLAMABAD, WEDNESDAY, DECEMBER 31, 2003
PART II GOVERNMENT OF PAKISTAN
MINISTRY OF INDUSTRIES AND PRODUCTION
Islamabad, the 23rd December, 2003.
NOTIFICATION
S.R.O.1142 (i)/2003.-In exercise of the powers conferred by section 105 of the Patents Ordinance, 2000 (Ordinance No. LXI of 2000) the Federal Government is pleased to publish the following Patents Rules, 2003. They will come into effect immediately: -
THE PATENTS RULES, 2003 CHAPTER I In these rules, unless there is anything repugnant in the subject or context,- PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003
The forms set out in the Second Schedule to these rules with such variations as the circumstances of each case require, shall be used for the respective purposes therein mentioned, and if used, shall be sufficient.
Provided that any forms may be filled in writing, and that graphic symbols and characters and chemical and mathematical formulae may be written or drawn, in a black indelible colour.
(10)In all documents referred to in sub-rule (1) above units of weights and measures shall be expressed in terms of the metric system. If a different system is used they shall also be expressed in terms of the metric system. Temperatures shall be expressed in degrees Celsius. For the other physical values, the units recognized in international practice shall be used, for mathematical formulae the symbol, in general use, and for chemical
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 formulae the symbols, atomic weight and molecular formulae in general use shall be employed. In general, use should be made of technical terms, signs and symbols generally accepted in the relevant field. (11)If a formula or symbol is used in the specification, a copy thereof prepared in the same manner as drawings shall be furnished if the Controller so directs.
(12)The terminology and the signs shall be consistent throughout the application.
(13)All documents referred to in sub-rule (1) above shall be reasonably free from deletions and other alterations, overwritings and interlineations and shall, in any event, be legible.
CHAPTER II Provided that the Controller may require such amendment of the complete specification filed in pursuance of either of the said applications
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 as may be necessary to ensure that neither of the said complete specification includes a claim for matter claimed in the other. (10)Applications shall, on receipt by the Controller, be numbered and dated in the order of their receipt.
CHAPTER III 9. Specification:- PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 10. Abstract:- 11. Drawings:- PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 the materials used and the chemical or other reactions or treatments effected in carrying out the invention. (10)If an applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those filed with the provisional specification.
12. Manner of Making amendments:- 13. Application under section 101:-
Application under section 101 shall be made in the form as set out in Form P-30.
CHAPTER IV PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003
14. Procedure under Section 16:- 15. Reference to other patents:- 16. Substitution of applications, etc. under section 18:-
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 17. Advertisement of application:- 18. Opposition to grant of patent:- PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 (10)If either party desires to be heard he shall within ten days of receipt of the notice under sub-rule (9) above notify the Controller in the form as set out in Form P-8 and the Controller may refuse to hear either party who has not filed the said form prior to the date of hearing.
(11)If either party intends to refer at the hearing to any publication not already mentioned in the proceedings, he shall give to the other party and to the Controller at least ten days’ notice of his intention, together with details of each publication to which he intends to refer.
(12)After hearing the party or parties desiring to be heard or, if neither party desires to be heard, then without a hearing, the Controller shall decide the case and notify his decision to the parties.
(13)If in consequence of the proceedings the Controller directs that a reference to another patent shall be inserted in the applicant’s specification under sub-section (1) of section 17, the reference shall be as prescribed by rule
15.
(14)If the applicant notifies the Controller that he does not desire to proceed with the application, the Controller in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if the opponent had given reasonable notice to the applicant before the opposition was filed.
19. Observations under section 24:- PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 20. Secrecy Directions under section 25:-
Where directions given by the Controller under sub-section (1) of section 25, prohibiting the publication of information with respect to an invention forming the subject of an application for a patent have been revoked and a patent is granted on the application, no renewal fees shall be payable in respect of any year which commences in the period during which directions were inforce.
21. Sealing of patents under section 27:- 22. Form of patent:- 23. Procedure under section 28:-
An application under section 28 for the amendment of a patent granted to deceased person shall be made in the form as set out in Form P-11
Statutory Notifications, (S.R.O)
PRELIMINARY
1. Short title and commencement:-
2. Definitions:-
Price: Rs. 63.00
[5382 (2003). Gaz.]
PART II] THE GAZETTE OF PAKISTAN, EXTRA., DEC. 31, 2003 2813 (b) “Chemical product” means a chemical compound; (c) “Claims” means claims made in the Patent application. 3. Fee:-
4. Forms:-
5. Language, Size and nature of documents:-
Top 2.0cm
Left side 2.5cm
Right side 2.0cm
Bottom 2.0cm
6. Leaving and serving documents:-
7. Address for service:-
APPLICATION FOR GRANT OF PATENTS
8. Application for the grant of Patents:-
SPECIFICATION, ABSTRACT AND DRAWINGS
Left side 2.5 cm
Right side 1.5 cm
Bottom 1.0 cm
EXAMINATION OF APPLICATIONS, PUBLICATION,
OPPOSITION, SEALING OF PATENT AND RENEWALS