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MINlSTRY lIt; COMMERCE AND INDUSTRY
(Department oflndumial Polley andPromotion)
NOTIFlCATION
:NewDelhi. the 2nd May, 2003
S.D.493(E).---WHEREAS certain draft rules were published in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) vide notification of the Govemment of India in Ministry of Commerce and Industry (Department of Industrial Policy andPromotion) vide Number SO. 1018(£) dated the 20lh September, 2002, in Part II Section 3, sub-section (ii) of the Gazette of India, (Extraordinary) dated 20th September, 2002 for inviting objections and suggestions from persons likely to be affected thereby before expiry of 8. period of thirty days from the date on which copies of the Gazette containing the Notification were made available to the public;
AND WHEREAS thec';fies of the Gazette containing the said Notification were made available to the public on 3 October, 2002:
AND WHEREAS objections and suggestions received from the public on. the said draft rules have been considered by the Central Government;
NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) and in supersession of the Patents Rules, 1972 published in the Gazette ofIndia, vide S.0.301(E) dated 20th April, 1972 in Part II, section 3, Sub-section (ii), except as respect things done or omitted to be done before such supersession., Central Government hereby makes the following rules, namely:-
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CHAPTER-I
PRELIMINARY
1. Short title and commencement.- (1) These rules may be called the Patents Rules, 2003.
(2) They shall come into force on the date on which the Patents (Amendment) A<:t, 2002 comes into force. --=~-----------------,-~---,--.
2. Definitions. - In these rules, unless the context otherwise requires,-
(a) "Act" means the Patents Act, 1970 (39 of 1970); (b) "appropriate office" means the appropriate office of the patent office as '!>pecified in
rule 4; (c) "article'" includes any substance or material, and any plant. machinery or apparatus,
whether affixed to land or not; (d) "Fonn" means a Fonn 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 ofthe Act.
4. Appropriate office. - (1) The appropriate office ofthe patent office shall -
l. 0) for all the proceedings under the Act, other than those under sections 24A, 24B, 24C, 39, 65 and 125 be the head, office of the patent office or the branch office, as the case may be, within whose tenitoriallimits-
(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) the applicant for a patent or party in a proceeding if he has no place of business or domicile in India, the address for service in India given by such applicant or party is situated; and
(ii) for proceedings under sections 24A, 24B, 24C, 39, 65 and 125 be the l1cad office of the patent office.
(2) The appropriate office once decided in respect of any proceedings under the Act shall not ordinarily be changed.
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 Controller an address for service in India and that address may be treated for an 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 ControHer 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 gjven under the Act or these rules.
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6. Leaving and serving dOfuments. - (1) Any application, notice or other document authorised or required to be filed, left, made or given at the patent office, or Lo the Controller or to any other person under the Act or these roles, may be tendered by hand or sent by a letter addressed to the Controller at the appropriate office or to that person through post or registered post or speed post or courier service or by electronic transmission duly authenticated. If it is sent by post or registered post or speed post or couner sen icc or by electronic transmission duly authenticated, it shall be deemed to have been filed, left, made Of given at the time when the letter containing the same wou1d have been delivered in the ordinary course of post or registered post or speed post or courier service, or by electronic transmission duly authenticated, as the case may be. In proving such sending, it shall be sufficient to show that the Jetter was properly addressed and mailed:
Provided that any application, notice or the document sent through fax or by electronic transmission duly authenticated, shaH also be deemed to have been filed, le~ made or given if the same is clear and fully legible and its original is submitted to the appropriate office within fifteen Qa)'S from the date of receipt of the such fax or by electronic transmission duly authenticated.
(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.
(3) An notices and alJ written comrmmications 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 or speed post or courier service Of by electronic transmission duly authenticated.
(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 shaH be the date of dispatch of the said notice or written communication, by registered post or speed post or courier or fax or by electronic transmission duly authenticated, as the case may be, unless otherwise specified under the Act or these rules.
(5) In case ofdelay in receipt of a document or a communication sent by the patent office to So 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 jf 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 regarding the circumstances of the fact and evidence in support of the statement:
Provided that the delay condoned by the Controller shall not exceed the period between the date on which the party was supposed to have recejved the document or communi.cation by ordinary course of mail or electronic transmission and the actual date of receipt of the same.
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7. Fees. - (1) The fees payable under section 142 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) (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 of Patents and drawn on a .scheduled bank: at the place where the appropriate office is situated. Ifthe 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 would have reached the Contra11er in the ordinary course of 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) Where a fee is payable in respect of a document, the entire fee shall accompany the document or shall be paid within one month from the date of filing of the document:
Provided that the Controller may accept the fee in part and allow remaining part of the fee to be paid at any time within one month from the date of filing of the document notwithstanding the expiry of the due date for filing of such document and on such payment the document shall be taken on record from the date of its filing.
(3) In case an applicatlOn processed by a natural person is fully or partly transferred to a person other than a natural person, the difference, if any, in the scale of fee(s) between the fee(s) charged from an natural person and the fee(s) chargeable from the person other than the natural person in the same matter sball be paid by the new applicant with the request for transfer.
(4) Fees once paid in respect of any proceeding shall not be refunded irrespective of whether the proceeding has taken place or not.
(5) (i) Subject to the approval of the Controller, any person may deposit money in advance 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 such request
(ii) Subject to the approval of the Controller, any person may dIscontinue the deposit of money in advance and in such case the balance, ifany, shall be refunded.
8. Forms. - (1) The Forms set forth in the SeGond 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 may be required.
9. Size etc. of documents. - (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
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written or typewntten or printed either m Hmdl or in Engbsh language (unless otherwise directed or allowed by the COrltrol1er) in large and legible characters with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size A4 of approximately 29.7 centimeters by 21centimeters with a margin of at least 4 centimeters on the top and left hand part and 3em on the bottom and right hand part thereof. Any signature which is not legibJe or which is written in a -script other than Hindi or English shall be accompanied by a transl...-r:iption ofthe Mme either in Hindi or jn English in block letters:
Provided that any document including drawing. if fuly, may also be filed in electronic fonn along with a copy of it on white paper:
Provided further that in case the application for patent discloses sequence listing of nucleotides and/or amino acids, the same shall be filed in electronic form.
(2) Additional copies of all documents shall be filed at the appropriate office, if required by the ControlIer.
(3) Names and add"resses 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.
CHAPTER II
APPLICATION FOR PATENTS
10. Period within which proof of th~ right under section 7(2) to make tbe 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 of three months after the filing of such application furnish such proof.
Explanation.- For the purposes of this rule, the three months period in case of an application corresponding to an international application in which India is designated shall be reckoned from the actual date on which the corresponding application is filed in India
II. Order of recording applications. ~ The applications filed in a year shall constitute a series identified by the year of such filing. In case of an application filed corresponding to an international application in which India is designated, such application shall constitute a series distinct from the rest of the applications identified by the year of filing of corresponding applications in India.
12. Statement and undertaking regarding ftlteign applications.• (1) The statement and undertaking required to be filed by an applicant for a patent under sub-section (1) of seclion 8 shall be made in Fonn 3.
(2) The time within ~hich the applicant for apatent shall keep the Controller infonned of the details in respect of other applications filed in any country 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.
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(3) When so required by the Controller Wlder sub..section (2) of section 8, the applicant shall furnish information relating to objections, if any, in respect of novelty and patentability of the invention and any other particulars as the Controller may require which may include claims of application allowed.
(4) An application for extension of time spedfied in sub-section (2) of section 8 shall be made in FOIm 4.
! 3. Speeifications. - (l) Every specification, whether provisional or complete, shall be made inForm 2.
(2) A specification in respect of a divisional application under section 16 shall contain specific reference to the number of the original application from which the divisional application is made.
(3) A specification in respect of a patent of addition under section 54 shall contain a specific reference to the number of the main patent. or the application for the main patent, as the case may be, anq 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.
(4) Where the inventIon requires explanatIon through drawings, such drawings shall be prepared in accordance with the provisions of:rtlie 1~ and shall be supplied with, and referred to in detail, in the specification:
ProvideQ tnat in the case of a complete specification, if the .WHc 11'. desires to adopt the dFawings filed with his provisional specification as the drawings Qr pr • of the drawings for the complete specification, it shall be sufficient to refer to then; .n the complete specification as those left with the provisional specification.
(5) Irrelevant or ether matter, not necessary, in the opinion of the Controll~, for elucidation of the invention, shall btl c:xcluded from the title, description, claims and drawmgs.
(6) 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 Fonn 5 with the complete specification or at any time before tbe expiration of one ploHth from the date of filing of the complete specification, as the Controller may allow on an application made in F0ITI14,
Expl.a14otion. - For the purposes of this, rule, the date of filing of the complete specification with respect to an application corresponding to an internationa.l application in which India is designated shall be reckoned from the actual date on which the corresponding application is fil~Q in India.
(1) (8) The abstract as specified l.Ulder clause (d) of sub-se.ction (4) of section 10, accompanyir'3 tho '5pecification shall commence with the title of the invention. The title of the invention shcll disclose the specific features of the invention nonnaUy in not more than fifteen words.
(b) The abstract shall contain a concise summary of the matter contained in the specification. The summary shall indicate clearly the technical fie1d to which the invention belongs,
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technical problem to which the invention relates and the solution to the problem through the invention and principal use or uses of the invention. Where necessary, the abstract shall contain the chemical formula, which characterises the invention.
, (c) The abstract may not contain more than one hundred and fifty words.
(d) If the specification contains any drawing, the applicant shall indicate on the abstract the figure, or exceptionally, the figures of the drawings which may accompany the abstract when published. Each main feature mentioned in the abstract and illustrated by a drawing shall be followed by the reference sign used in that drawing.
(e) The abstract shall be so drafted that it constitutes an efficient instrument for the putposes of searching in the particular technical field, in particular by making it possible to assess whether there is a need to consult the specification itself. .
14. 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 jf necessary, by rewriting such pages as are required to fonn a continuous document. Amendments shall not be made by slips pasted on, or as footnotes or by writing in the margin ofany of the said documents.
(2) The amended documents shalt be returned to the Controller together with the superceded pages or drawings, if any, duly marked, cancelled and initialled 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 duplicate. Amendments, alterations or additions shall be initialled in the margin by the applicant or his agent.
15. Drawings. - (1) Drawings. when furnished under section 10 by the applicants otherwise than on requisition made by the Controller, shall accompany the specifications to which they relate.
(2) No drawings or sketch, which would require a special illustration of the specification, shall appear in the specification itself.
(3) At least one cop)' of the drawing shall be prepared neatly and clearly on a durable paper sheet.
(4) Drawings shall be on standard A4 size sheets with a clear margin of at least 4crn on the top and left hand and 3cm at the bottom and right hand of every sheet.
(5) Drawings shall be on a scale sufficiently large to show the inventions clearly and dimensions shall not be marked on the drawings.
(6) Thl'lwing shaH n,' '"eqn.llttaJlv or systematically numbered and shall bear-
(i) in the, left hiilld top LUffl • tIle name ofti1t' applIcant; (ji) in the right hand top comer, the nUmbLJ of the sheets of drawings, and the consecutive number of each sheet; and (iii) in the rigbt hand bottom comer, the signature ofthe applicant or his agent.
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(7) No descriptive matter shall appear on the drawings except in the flow diagrams.
16. Models. - Models or samples shall be furnished under section 10 only when required by the Controller.
CHAPTER Hr
INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY (peT)
17. Definitions. - In this Chapter, unless the context otherwise requires, -
(a) "Article" means an Article ofthe Treaty;
(b) "Treaty" or "peT" means the Patent Cooperation 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.
18. Appropriate office in relation to international applications. - (1) The receiving office. designated office and elected office for the purposes of international applications filed under the Treaty shall be the appropriate office in accordance with rule 4.
(2) The head office of the patent office shall be the appropriate office for dealing with the International Bureau of the World Intellectual Property Organisation, International Searching Authorities and International Preliminary Examining Authorities.
(3) An intemational application under the Treaty shall be filed at and processed by the appropriate office in accordance with the provisions of this Chapter, the Treaty and the regulations established under the PCT,
(4) Notwithstanding anything contained in sub-rule (2), on receipt of an international application, the appropriate office shall transmit one copy as record copy of such application to International Bureau of the World Intellectual Property Organisation and another copy as search copy to Competent International Searching Authority. The appropriate office shall simultaneously furnish complete details of such application to the head office of the patent offices.
19. International applications filed witb appropriate office as receiving office. - (1) An international application shall be filed with the appropriate office in triplicate in respect of head office and quadruplicate in respect of bran~h offices, either in English or in Hindi language.
(2) The fees payable ln respect of an international applicatlon filed with the appropriate 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 appropriate office bas not been filed as specified under sub-rule (1) and the applicant desires that the appropriate office should prepare the additional copies required, the fee for making such copies shall be paid by -the applicant.
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(4) On receipt of a request from the applicant and on payment of the prescribed fee by him, the appropriate office shall prepare a certified copy of the priority document and promptly transmit the same to the International Bureau of the World Intellectual Property Organisation for the purpose of an international application filed with the appropriate office with an intimation to the applicant and the bead office.
20. International applications designating or designating and electing India. - (1) An· application corresponding to an international application under the Patent Cooperation Treaty under section 7(t A) may be made in Form IA.
(2) The Patent Office shall not commence processing of an application filed corresponding to international application designating India before the expiration of the time limit prescribed under sub-~le (4).
(3) An applicant in respect of an international application designating India shall, before the time limit prescribed in sub-rule (4),-
(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) and where the international application was either not filed or has not been published in English, file with the patent office, a translation of the application in English, duly verified by the applicant that the contents thereof are correct and complete.
(4) The time limit referred to in sub-rule (2) shall be, where the applicant has or pas not, before the expiration of ninete~ 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 said priority date.
(5) The translation of the international application referred to in sub-rule (3) shall include a translation in English of, -
(i) the description;
(li) the claims as filed;
(iii) any text matter ofthe drawings;
(iv) the abstract; and
(v) in case the applicant has not elected 1ndia and if the daims have been amended under Article 19, then the amended claims together with any statement filed under the said Article;
(vi) in case the appHcant has elected India and any amendments to the description, the claims and text matter of the drawings that are annexed to the international preliminary examination report.
(6) If the applicant fails to file a translation of the amended claims and annexures referred to in sub-rule (5), even after invitation from the appropriate 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
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amended claims and annexures shall be disregarded in the course of further processing the application by the appropriate office.
(7) The applicant in respect of an international application designating India shall when complying with sub-rule (3), preferably use Forms set out in the Second Schedule before the appropriate office as designated Dffice.
21. Filing of priority document. - (1) Where the applicant in respect of an international application designating India has not complied with the requirements of paragraph (a) or paragraph (b) ofrole 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 (4) of rule 20.
(2) Where priority document referred to in sub-iule (1) is not in the English language, an English translation thereof duly verified by the applicant shall be filed within the time limit specified in sub-rule (4) of rule 20.
(3) Where the applicant does not comply with the requirements of sub-rule (1) or sub-rule (2), the appropriate 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 such invitation, and if the applicant fails to do so, the claim of applicant for the priority shall be disregarded for the purposes ofthe Act.
22. Effect of non-comp]unce with certain requirements. - An international application designating India shall be deemed to be withdrawn if the applicant does not co~ply with the requirements of rule 20.
I. 23. The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty. - (1) The provisions of this Chapter shall be supplemental to the PCT and the regulation and the administrative instructions made thereunder.
(2) In case of a conflict between any provisions of the rules contained in this Chapter and provisions of the Treaty and the regulations and the administrative instructions made thereunder, the provisions of the Treaty and the regulations and administrative instructions made thereWlder shall apply in relation to international applications.
CHAPTER IV
PUBLICATION AND EXAMINAT,ON OF APPLICATIONS
24. Examination of application. - (1) A request for examination under ~ection lIB shall be made inForm 19.
(2) A request for examination of application for patent filed lUlder sub-rule (1) shall be taken up for examination in the order in which the request is filed,
(3) A first examination report aiong with the application and specification shall be sent to the applicant or his authorised agent In case any other interested person files a request for examination, an intimation of such examination may be sent to such interested person,
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(4) An applicant shall submit his first reply to the first examination report within a period of four months from the date of issue of such statement.
(5) The time for putting, all the applications in order for acceptance which have been examined before the commencement of the Patents (Amendment) Act, 2002, shall be fifteen months or eighteen months as the case may be, from the date on which the first statement of objections is issued to the applicant to comply with the requirements.
25. Identification of published applications. - Publication of application under sub-sections (2) and (5) of section llA shall be identified by the letter 'A' along with the number of application.
26. Request for withdrawal. - (1) A request for withdrawing the application under sub- section (4) of section lIB shall be made in writing.
(2) In case the request for withdrawing the application under sub-section 4 of section 11B has been made atleast three months prior to the expiry of the period specified in sub-section 1 of section l1A, the application shall not be published.
27. Inspection of pllblisbed applications. - After the date of pUblication of the application under section IlA, the application together with the complete specification and provisional specification, if any, the drawing, if any, and the abstract filed in respect of the application may be inspected at the appropriate office by making a written request to the Controller on payment of the fee specified in the First Schedule in that behalf.
28. Procedure in case of anticipation by prior publication. - {l) 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 sub-section (2) of the said section, the ControHer shall communicate the gist of specific objections and the basis thereofto 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 as to whether ~ or not the specification is to be amended, he shall be given an opportunity to be heard in the matter ifhe so requests:
Provided that such request shall be made on a date earlier than ten days of the final date of the period specified under sub-section (1) of section 21:
Provided further that a request for hearing may be allowed to be filed within such shorter period as the Controller may deem fit in the circumstances ofthe case.
(3) If the applicant requests for a hearing under sub-rule (2) within a period of one month from the date of communication of the gist of objections, or, the Controller, considers it desirable to do so, whether or not the applicant has refiled his application, he shall forthwith fix a date and time for hearing having regard to the period remaining for putting the application in order or to the other circumstances of the case.
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(4) The applicant shall be given ten days' notice of any such hearing 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 pennit 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 may be fixed.
29. Procedure in case of anticipation by prior chUrning. - (1) When it is found that the invention so far as claimed in any claim ofthe complete specification, is claimed in any claim of any other specification falling within clause (b) of sub-section (1) of section 13, the applicant shall be so informed and shall be afforded an opportUIlity to amend his specification.
(2) lfthe applicant's 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 acceptance for removing the objection.
30. Amendment of the compJete specification in case of Rnticipation. - (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 referred to in sub-dause (2) of rule 29, a date for hearing the applicant shall be fixed forthwith and the applicant shall be given at least ten days' notice of the date so fixed. The applicant shall, as soon as possible, notify theControUer 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 shalt be inserted tn the applicant's specification unless the amendment is made or agreed to within such period 8S he may fix.
31. Form of reference to another specification. - When in pursuance of rule 30, 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 fonn, 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... ,.... , ....... t' >
32. 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 perfonned without substantial risk of infringement of a claim of another patent, the applicant shall be so infonned and the procedure provided. in rule 29 shall, so far as may be necessary, be applicable.
33. Form of reference to another patent. - Where the Controller directs that a reference to another patent shall be inserted in the appliCai'1t's complete specification under sub-section (1) of section 19, such reference shall be inserted after the claims in the following fonn, namely-
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" Reference -has been directed, in pUrsuance of section 19 (1) of the Patents Act~ 1970, to Patent No..........."< 34. Manner in whicb -a claim under section 20 (1) shalt b~ filade. - 0) A claim under sub~ section (1) of section 20 shall be made in Form 6.
(2) The original assignment -or agreement or an official copy or notarized copy thereof shall also be produced fur the Controller's inspection and the Controller may call for such other proof of title or written consent as he may require.
35. Manner in which a request may be made under section 20 (4). - (1) A request under sub-section (4) of section 20 shall be made in Fonn 6. .
(2) The request shalj be accompanied by proof of dei1tll 6f 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 applicant.
36. Manner of application under section 30 (~~ ... tl, Ail application inider sub-section (5) of section 20 shall be made in Form 6 in duplicate and shall be a.ccompanied 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 staten'l(tYlt %ha11 be sent by the Controllerto~ oilier joint applicant.
37. Numbering of applications on acceptance Df 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 ofthe application.
38. Inspection {){ application, specification, etc. - After the date of advertisement of the acceptan<lt of a complete specification under section 23, the application together with the complete specification and provisional specification, if any, the drawings and other documents, if any, as accepted by the Controller may be inspected at the appropriate office by making a written request to the Controller in that behalf along with the fee specified in the First Schedule.
CIlAPTER V
EXCLUSIVE MARKETING RIGHTS .
39. Filing of appJicafion. - An applicatiob 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 Fonn 1 along with the fee as specjfied iri the First Schedule. ..r!' UPh I ), -1 .~
40. 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 Fonn 27 along WIth the tee as speciiied in the First Schedule and the Controller shall notify the filing of the application In the OffiCIal Gazette and to the authority of Lhe Central
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Govenunent that is responsible for the grant of approval to sell or disttibute the article or the .substance for which the ap~licatiou bal been made. ... .
41. Controller to refer application. • On receipt of an application under rule 40, the Controller shall refer the applicatiqn r;tlating to the patent to an c,xaminer for making a report to him.
~~. Report of examiner.· Th(: e.Xam1ner to wbom an application has been referred shan make Ate report fA the Control1er within tbree mon.t~ from the date ofsuch reference.
43. Notifying of gran, or refusal of exclusive markejiug rights... When the Controller ~ants or refuses an applicatio\,\ fur grant of exclusive right to sell or distribute the article or substance, he shall lwtif» the $lW1e in the Offl.cial Gazette and to the authority of the Central Government that has wanted approval to sell or distribute the article or the substance.
. 44. Fersonal documents, etc. in rdation to inventions. - The recording in a document relating to spedfications and trial or use as referred to in sub section (2) of section 24B shall include public document, public trial 01 use but shall not include a personal document OT ij:cret inal or usc.
tIS. Appropriate tests. - The appropria\e tests conducted on or after the 1st day of January 1995 and referred to in section 24B shall be the tests either the whole or a part of which had been conducted fQr the pu:rposes oftl1i9 Chapter.
46. Form for gr~l of ~~Cllu$h'~ marketing rights. - Exclusive nwKC'l.g rights shall be wanted in form 2B. .
I. 47. Application for compulsory Ucence to $eJl or distribute or for revoe:- ~~on of e"clusive marketing rigbts. - (1) An applioation to the Controller for the grant of cO:Jl-pulsory licence lUlder section 84, section 85, Qf seetion 92, as modified by section 24C) &h~H be in Form 18 or\ as the cas~ may be, in Ponn 20, to be modified as deemed necessary. Except in the case of iUl application made by the <;entral Government, the application shall set out the nature of the applicant's interest and the tenus and conditions Qf th~ licence tQ which the applicant is willing to accept
(2) far th~ p\lfPDle of sub-section (6) of section 84, as modified by section 24C, the P.ootrollor }liay call for statements and evidences from the applicant.
(3) On receiving an onier from the Controller, the applicant shall furnish the statement and evidepcei within a period of three months from the date of the order of the Controller.. , 48. When a prima ~cie QQe b not made out.• (1) If upon consideration of the evidence, th~ Contron~r ii iatiefled that a prima /acle Ca.\Ie has not been made out for :making an order '\lRae!' any of the sections referred to in rule 47, he shall notlfy the appli.c.ant accordmgly. Unless the arpl\~ant makes a request to be heard in the matter, the Controller shan refuse the ll-ppticflti9P ii/ter the expiry of a period of one month from the date ofissue of the notlee.
(2) If the applicant makes q request for hearing within the 6me allowed under SUb-rule (1), the Contro,Iler shall, after giving the applicant an opportunity of being heard, detennine whether the application may be proceeded with or it shall be refused.
Page 16
49. Notice of opposition against grant at compulsory licence ot revocatIOn of exclusive marketing rights.· (1) A notice of opposition ].lDder sub-section (2) of section 87, as modified by section 24C gball be given in Fonn 14 and shall be submitted to the Controller within three 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, which the opponent is prepared to grant to the applicant and shall be accompanied by evidence in support ofopposition.
(3) The Controller may by order call for furth~ evidence from the opponent ifhe so desires.
(4) On receipt of the order under liiub-rule (3), t.lt~ opponent shall furnish the further evidence within a period oftbree monthi from the date ofsij.Cb 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 with the 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 ofsuch hearing.
(8) The proceduro specified in sub-rules (2) to (5) of rule 62, sha1~ so far as may be, apply to the procedure for hearing under this l'\.1l.(;i. as they apply to the hearing of opposition to the grant of patents.
(9) The provision of :lause if) of sub-section (1) of ~tj9n 77 for review Qf the decision of the Controller shall be applicabJe 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 gf the ContrQller. the Controller shall suspend the operation ot~ gecision for which the review is beina requested till the disposal of the application rOt'revi!lw.
50. Manner of advertisement of the order for revocation of exclusive marketing rigbts_ ~ The Controller shall advertise, in the Official G4f:ette, the order made by him under sub- section (3) of section 85 as modified by 86ction 24C, for revQkin~ exclusive marketing rights to sell or distribute the article or substance. I
51. AppUcad'\JQ for the revision of the terms and conditions of a licence. - (1) An application under sub·~ctj~n (4) of section 88 as niodified by section 24C for the revision pf the tenns and conditions ofa liCtlrn;c which has been settled by thE! Controller shall be in Form 21 as may be modi~ #a deemed nece~1iTY and sh all state the facts relied upon by the appliC2_h a:ld u:~ 1"t~? _ 'i~e '*Ck, erl'ld shall be ~;:nnpanied by evidence in support of the applicati(;D..
(2) l.f the Coniroller is satisfied that a prima Jacie case has not been m<lde Qut for the revision of the tenns .l¥,ld conditions of the licence, he may notify the applicant accordingly and unle~s
Page 17
within a period of one 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 beard, shall detennine whether the application shall be proceeded with or shall be refused.
52. Procedure to be followed in case of application under rule 51. - (1) If the ControUer 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 infonn 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 effected.
(3) The holder of the exclusive marketing right or 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 FOl1l1 14 as may be modified as deemed necessary, within two months from the date of such serv]ce. Suep 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 infonn the Controller the date on which service has been made.
(5) No further evidence qr statement shall be filed by either party except with special leave or requisition by the CQntroller.
(6) On completion of the proceedings specified under sub-rules (1) to (5) or at such other time as he may deem fit, the Controller shall forthwith fix 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 62 shall, so far as may be, apply to ~e procedure for hearings under this rule as they apply to the hearing of opposition to the grant ofa pate~.
(8) If the Controller decides to revise the terms anq conditions of licence he shall amend the licence granted to the applicant in such manner as 'he may deem necessary.
53. References to pu~Jic iD~rest. - Reference to pllblic interest in sub-section (l) of section 24D shall mean the requirement 'of the public in a national emergency or other circumstances of extreme urgency. '
54. Register of exclusive marketing rights. - (1) There shall be kept a register to be called the Register of Exclusive Marketing Rights and all entries relating to exclusive marketing rights slutU pe made therei?
(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 along with the fee as specified in the First Schedule.
(3) Certified copy of any entry in the Register of exclusive marketing rights shall be supplied on a request to the Controller in writing along with the fee as specified in the First Schedule.
Page 18
CHAPTER VI
OPPOSITION TO GRANT OF PATENTS
55. Filing of notice of opposition. - The notice of opposition to be given under sub-section (1) of section 25 snall be made in Fonn 7 and sent to the Controller in duplicate.
56. 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 shan be made in Fonn 4 in duplicate 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) One copy of the application for extension of time shall be sent by the Controller to the applicant for patent.
57. Filing of written statement of opposition and evidence.• The opponent shall send a written statement in duplicate setting out the nature of the opponent's interest, the facts upon which he bases his case and relief which he seeks and evidence, if any, along with notice of opposition or within two months from the date of the notice of opposition and shall deliver to the applicant a copy oIthe statement and the evidence.
58. Filing of repJy statement and evidence•• (1) If the applicant desires to contest the opposition, he shall leave at the appropriate office a reply statement setting out fully the grounds upon which the opposition is contested and evidence if any, in support of his case within a period of two months from the date of receipt of the copy of the written statement and opponent's evidence, if any by him under rule 57 and deliver to the opponent a copy thereof.
(2) If the applicant does not desire to contest or leave his reply and evidence within the period as specified in sub-rule (l), the application for patent shall be deemed to have been abandoned.
59. Filing of reply evidence by opponent. - The opponent may, within one month from the date of delivery to him of a copy of the applicant's reply statement and evidence under rule 58, leave at the appropriate office evidence in reply strictly confmed to matters in the applicant's evidence and shall deliver to the applicant a copy ofsuch evidence.
60. Further evidence to be left with the leave of the Control1er•• No further evidence shall be delivered by either party except with the leave or directions of the Controller:
Provided that such leave or direction is prayed before the Controller has fixed the hearing under rule 62.
61. Copies of documents to be supplied.• (1) Copies of all documents 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 be simultaneously furnished in duplicate unless the Controller otherwise directs.
(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 duplicate, in English shaH be fumished along with such notice, statement or evidence, as the case may be.
Page 19
62. Hearing. - (1) On the completion of the presentation of evidence, if any, or at such other time as the Controller may think fit, he shall forthwith fix a date and time for the hearing of the opposition and shan give the parties not less than ten days' notice ofsuch hearing.
(2) If either party to the proceeding desires to be heard, he shall infonn the Controller by a notice along with the fee as specified in the First Schedule.
(3) The Controller may refuse to hear any party who has not given notice WIder sub-rule (2).
(4) If either party intends to rely on any publication at the hearing 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' nctice ofhis intention, together with details ofsuch publication.
(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 forthwith decide the opposition and notify his decision to the parties giving reasons therefor.
63. 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 ControHer, depending on the merits of the case, may decide whether costs should be awarded to the opponent.
64. Time within whicb 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.
65. Procedure to be fol1owed. - (1) If the specification has not been amended to the '. satisfaction of the Controller within the time allowed under rule 64, he shall forthwith fix a
date and time for hearing and the applicant shaH be given at least ten days' notice of such date of 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 bb heard, the Controller may prescribe or permit such amendment of the specification as determined and may refuse to grant a patent unless the amendment is made within ten days from the date of the order.
66. Form of making a request under section 28 (2). - A request under sub-section (2) of section 28 shall be made in Form 8.
67. Form of making a claim under section 28 (3). - (1) A claim under sub-section (3) of section 28 shaH be made in Form 8, and shan be accompanied by a statement setting out the circumstances under which the claim is made.
{2) A copy ofthe claim and 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.
68. Form of application to be made under section 28 (7). - (1) An application under sub- section cn of section 28 shall be made in Form 8 and shall be accompanied by a statement setting out L'1e circumstances under which the application is made.
I'age 20
(2) A copy of the application and the statement shall be sent by the Controller to each patentee or the applicant for patent, as the case may be~ 8J,1d to any other person whom the Controller may consider to be interested.
69. Procedure for the hearing of claim or aD application under SectiOD 28. - The procedure specified in rules 55 and 57 to 63 relating to the filing of notice of opposition, written statement, reply statement, leaving evidence, hearing and cost 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.
70. Mention of inventor. - Any mention of the inventor under sub-section (1) of section 28 shall be made in the relevant documents in the following fonn, namely: -
"The inventor of this inventionlsubstantial part of this invention within the meaning of section 28 of the Patents Act, 1970, is .......... of......... /·.
CHAPTER vn
SECRECY DIRECfIONS
71. Permission fOT making' patent application outside India under section 39. - Request for permission for making patent application outside India shall be made on Fonn 30.
72. Communication of result of reconsideration under section 36 (2). - (1) The result of " every reconsideration under sub-section (1) of section 36 shall be communicated to the
applicant for patent within fifteen days of the receipt ofthe notice by the Controller.
(2). Extension of time 00 revocation of secrecy directions under !section 38. - The extension of time to be given for doing anything required or authorised to be done under 8ection 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 VIII
SEALING OF PATENTS
73. Sealing of patents. - (1) A request for the sealing of a patent under sub-section (1) of section 43 shall be made in Fonn 9.
(2) The period within which a request for the sealing of a patent may be made under clause (a) of the prov:iso to sub-section (2) of section 43 shall be two months after the final determination to the proceeding referred to in that clause.
(3) An application under sub-section (3) of section 43 shall be made in Form 4.
Page 21
(4) On receipt of a request for sealing of patent under sub-rule (1) or sub-rule (2) as the case may be, the patent shall be sealed even if the tenn ofpatent has expired.
74. Form of patent. - A patent shall be in the form as specified in the Third Schedule with such modifications as the circwnstances of each case may require and shall bear the number accorded to the application under rule 37.
75. Amendment of patent under section 44. - An application under section 44 for the amendment of a. patent shan be made in Fonn 10 along with substantiating evidence and be accompanied by the patent.
76. Maliner 01 applying for djrection under secdoD 51 (1). - (1) An application for directions under sub-section (l) of section 51 shall be made in Fonn 11 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.
77. Manner of application under section 51 (2). - (1) An application for directions under sub~section (2) of section 51 shall be made in Form 11 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.
78. Procedure for the hearing of proceedings under section 51. - The procedure specified in rules 55 and 57 to 63 relating to the filing of notice of opposition, written statement, reply statement, leaving evidence, hearing and costs 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.
79. Request under section 52 (2). - (l) A request under sub-section (2) of section 52 shall be . made in Fonn 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 reliefhe claims and a certified copy of the order of the court.
(2) \\'here 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 nwnbers accorded to the complete specifications accepted on, the same day as the patent is granted.
80. Renewal fees under section 53. - (1) To keep a patent in force, 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 ofany succeeding year and the same shall be remitted to the patent office before the expiration oftbe second or the succeeding year.
(2) While paying the renewal fee, the number and date 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.
Page 22
(4) The Controller shall, after making such enquff>' as he may deem necessary, credit any renewal fee and issue a certificate that the fee has been paid.
CHAPTER IX
AMENDMENT OF APPLICATION, SPECIFICAffIt)~ OR ANY DOCUMENT RELATING tHERETtl
81. Amendment of application, specification or iU1Y document relating theret6. -(1) An application under section 57 for the amendment of an application for a ~aient or a complete specification or any document related thereto shall be made it! Form 13.
(2) If the application for amendment under sub-rule (1) rcltUtls to aft appliEation for a patent which has not been accepted, the Controller shall detennifie wlietlief ana subject to what conditions, ifany, the amendment shall be allowed.
(3) (a) If the application for amendment under st1b~rule (1) ig made after the acceptance: of the complete specification and the nature of the proposed amendment is substantive, the application shall be advertised in the Official Gazette.
(b) Any person intermt~ in opposing the applicatiOn for amendment shall give a notice ot opposition in Fonn 14 within three months from the date of advertisement of the application in the Official Gazette.
(c) The procedure specilied in .I1Jles 57 to 63 reiating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall; sa far as may be, appiy to the hearing of the opposition under section j1 as they apply to the hearing of the opposition to the grant of patents.
82. Preparation of amended specifications; ~tc.. - Where the Controller allows the application for a patent or the complete specification or any other docwnent to be amended, the applicant shaU, if the Controller so requires and within the time to be specified by him, leave at the appropriate office an amended ap~iication or the specification or the other document, as the case may be, in accordance with the provisions of these rules.
83. Advertisement of the amendment allowed. - the arfiendments allowed after a comp1ete specification has been accepted, shall be advertised in the Official Gazette.
CHAPTER. X
RESTORATION OF PATENTS
84. Restoration of patents. - (1) An application for the restoration of a patent under section 60 shall be made in Fonn 15.
(2) Where the Controller is satisfied that a prima facie case for the restoration of any patent has not been made out, he shan intimate the applicant accordingly and unless the applicant makes a request to be heard in the matter within one month form the date of such intimation the Controller shall refuse the application.
Page 23
n) Wll~r~ applicant reqllcsts for a bearing within the time allowed and the Controller, alter wvjn~ the a.pplicant such a hearing. is prima facie ~tisfied that the failure to pay the renewal rees was unmtentional; he lihall advertise the application in the Official Gazette.
~$: Opposition to restoration under section 61. ~ (1) At any time within two months from lhe dati of ~vertis~ment of the a.pplication in the Official Gazette under sub-rule (3) of rule §4! 1m:¥' F§"8Qll interailt~d may give notice ofopposition thereto in Form 14.
(2) A copy ofthe notice pf opposition shall be sent by the Controller to the applicant.
(3) The procedure specified in rules 57 to 63 relating to the filing of written statement, reply st~tement, leaving evidence, hearing and costs shall, so far as may be, apply to the bearing of the opposition under section 60 as they apply to the hearing of the opposition to the grant of patents.
86. Payment of unpaid renewal fees... (1) Where the Controller decides in favour of the applicant, the applicant shall pay the unpaid renewal fees and the additional fee specified in the First Schequle, within a month from the date of the order of the Controller allowing the ~plicatjon for restoration.
(2) The Controller shall advertise his decision in the Official Gazette.
CHAPTER XI
SURRENDER OF PATENTS
87. Surrender of Patents. - (1) The ControlJer shall advertise the no;.': ; of an offer given under section 63 in the Official Gazette.
(2) 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 Fonn 14 in duplicate.
(3) The procepure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opPQsition under section 63 as they apply to the hearing of the opposition to the grant of patents.
(4) If the Conp-oller accepts the patentee's offer to surrender the patent, he may direct the patentee to return the patent and on receipt of sllch patent, the Controller shall by order revoke It and notify the revocation of the patent in the Official Gazette.
CHAPTER XII
REGISTER OF PATENTS
88, Regi!>ter of patents under section 67. - (1) Upon the sealing of a patent, the Controller shall enter in the register of patents at each appropriate office, the name, address and
Page 24
nationality of the grantee as the patentee thereof, the title of the invention (including the categories to which the invention relates), the date of the patent and the date of sealing thereof together with the address for 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 respe<:t of every patent.
(3) Where the register of patents or any part thereof is in computer floppies, diskettes or any other electronic fonn it shall be maintained and accessed only by the person who is duly authorised by the Controller and no entry or alteration of any entry or rectification of any entry in the said register shall be made by any person who is not so .authorised by the Controller.
89. Registration of documents under section 68. - An application for the registration of a document under section 68 shall be made in Fonn 16.
90. Registration of title and interest in patents. - (1) An application referred to in sub- section (1) or sub-section (2) of section 69 shall be made in Fonn 17.
(2) An application for an entry in the regjster of patents of any other docwnent purporting to affect the proprietorship of the patent by the person benefiting under the document shall be made in Fozm 17.
91. 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 as claimed in such application, shan, unless th~ Cur.L:.ru~~er otherwise directs, be presented to him together with the application which shall be accvrnpanied 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.
92. Registration of title or interest in a patent... After the receipt of an applicatioIt 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 jn the following fonn shall be made in the register, namely: -
"In pursuance ofan application received on the Proprietor
registered as licencee by virtue of
dated
other part".
Mortgagee etc. and made between
of the one part and
Assignment licence
Mortgage deed etc.
ofthe
93. tots",· 91' 1 eut,:l','t(} f~'. - 1. ioon receipt of the payment of the prescribed renewal fee in resp':d vi. u p...tent, th{' Corlt:wHer shall euter in the register of patents the fa9t that the fee has been paid and ~he date ofpayment ofsu.:h fe~ and issue a certificate ofthe payment.
94. Alteration of address. - (1) A patentee may make a request in writing along with fee payable to the Controller for the alteration of his name, nationality, address or address for
Page 25
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 lDlder sub-rule (1), he shall cause the entries in the register to be altered accordingly. '
(3) If a patentee makes a request in writing along with fee payable 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.
95. Inspection of register of patents under section 72 and fees payable therefor. - (1) The register of patents shall be open for public inspection during office hours on payment of the fees specified therefor in the First Schedule.
(2) When register of patents or any part thereof is in computer floppies. diskettes or any other electronic fonn the person authorised by the Controller under sub-rule (3) of rule 88 shall provide access to the computer floppies, diskettes or other electronic form or printouts of the records thereof.
CHAPTER XIII
COMPULSORY LICENCE AND REVOCATION OF PATENT
96. Application for compulsory licence etc. - An application to the Controller for an order under section 84, section 85, section 91 Qr section 92 shall be in Fonn 18, or in Fonn 20, as the case may be. Except in the c'¥ie of an application made by the Central Government, the application shall set out the nature of the applicant's interest and terms and conditions of the licence the applicant is willing to accept
97. When a prima facie case is Dot made out. - (1) If, upon consideration of the evidence, the Controller is satisfied that a prima fa cis case has'not been made out for the making of an order under any of the sections referred to in rule 96, he shall notify the applicant accordingly, and unless the applicant requests to be heard in the matter, within one month from the date of such notification, the Controller shall refuse the application.
(2) If the applicant requests for a hearing within the time aUowed under sub-rule (1). the Controller shall, after giving the applicant an opportunity of being heard, detennine whether the application may be proceeded with or whether it .shall be refused.
98. Notice of opposition under section 87 (2), - (1) A notice ofopposition under SUb-section (2) of section 87 shall be given in Form 14 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 apposition referred to in sub-rule (1) shall include the tenus 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.
Page 26
(3) The opponent shall serve a copy of his notice of opposition and evidence on the applicant and notify the ControIIerwhen such service has been effected.
(4) No further statement or evidence shall be delivered by either party except with the leave of or on requisition by the Controller.
(5) The Controller shall forthwith fix a date and time for the hearing of the case and shall give the parties not less then ten days' notice ofsuch hearing. .
(6) The procedure specified in sub-rules (2) to (5) of rule 62, shall, so far as may be, apply to the procedure faT hearing under this rule as they apply to the hearing of opposition to the gnmt ofpatents.
99. 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 85 revoking ~ patent.
100. Application under section 88 (4). - (1) An application under sub-section (4) of section 88 for the revision of the terms and conditions of a licence which have been settled by the Controller shall be in Fonn 21 and shall state the facts relied upon by the applicant and tlJ.e relief he seeks and shall be accompanied by evidence in support of the application.
(2) If the Controller is satisfied that a prime facie case bas not been made out for the revision of the terms and conditions of the licence. he may notify the applicant according1y 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 detennine whether the application shall be proceeded with or whether the application shall be refuseq.' •.
101. Procedure to be followed in case of applications under section 88 (4)•• (1) If the Controller allows the app1ication 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 infonn the Controller the dBte 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 Fonn 14 withip one. month from the date of such service. Such notice shall contain the grounds relied upon by the opponent and shan be accompanied by evidence in support ofthe opposition.
(4) The opponent shall serve copies of the notice of opposition and his evidence on the applicant and i,nform the Controller the date on which such service has been effected. .,',
(5) No further evidence or statement shall be filed by either party except with special ]~~ye pf or on requisition by the Controller. . .' ,.
Page 27
(6) On completion of the above proceedings, the Controller shall forthwith fix a date and the time for the hearing of the case and shall give the parties not less than ten day's notice of such hearing.
(7) The procedure specified in sub-rules (2) to (5) of rule 62 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 forthwith amend the licence granted to the applicant in such manner, as he may deem necessary.
102. Application for termination of compulsory licence under section 94. - (1) An application for termination of compulsory licence under section 94(1) shall be made in Form 22 by the patentee or any other person deriving title or interest in the patent. The application shall be accompanied by the evidence in support of the application.
(2) The applicant shall serve a copy of the application and evidence on the holder of the compulsory licence and shall inform the Controller the date on which the service has been effected.
(3) The holder ofthe compulsory licence may file his objection along with evidence, if any, to the application within one month from the date of receipt of the application and evidence by him to the Controller and serve a copy thereof to the applicant.
(4) No further evidence or statement shall be rued by either party except with special leave of or on requisition by the ControHer.
" (5) On completion of the above proceedings, the Controller shall forthwith fix a date and the time for the hearing of the case and shan give the parties not less than ten day's notice of such hearing.
(6) The procedure specified in sub-rules (2) to (5) of rule 62 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) If the Controller decides to terminate the compulsory licence he shall forthwith issue an order giving terms and conditions, if any, of such tennination and serve copies of the order to both the parties.
CHAPTER .XIV
SCIENTIFIC ADVISERS
103. Ron of scientific advisers.• (1) The Controller shall maintain a roll of scientific advisers for the purpose of section 115. The roll shall be updated annually. The roll shan contain the names and addresses of scientifk advisers, their designations, infonnation regarding their educational qualifications, the disciplines of their specialisation and their technical, practical and research experience.
(2) A person shall be qualified to have his name entered in the roll of scientific advisers, ifhe- (i) holds a degree in science, engineering, tecbnologyor equivalent;
Page 28
(ii) has at least fifteen 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.
104. Manner of application for inclusion 10 tbe roU 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.
105. Inclusion of the name of any other person in the roll of scientific advisers. - The Controller may, notwithstanding anything contained in rules 103 and 104, enter the name of any person in the roll of scientific advisers, if he is of the opinion after such inquiry as he deems fit, that such person should be entered in the roll of scientific advisers.
106. Power to relax. - Where the Controner 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 l03 with respect to any person, if such person is otherwise well qualified.
107; Removal of names from the roll of scientific advisers. - The Controller may remove the name o[anyperson from the ron of scientific advisers, if-
(a) such person makes a request for such removal; or (b) the Controller IS satisfied that his name has been entered in the roll by error or on account
ofmisrepresentation or suppression of any material fact; or (c) such -person has been convicted of an offence and sentenced to a tenn of imprisonment or
has been guilty of misconduct in his professional capacity and the ControiJer is of the opinion that his name should be removed from the roll:
Provided that, before removing the name of any person from the roll ofscientific advisers under this rule, such person shall be given a reasonable opportunity ofbeing heard.
CHAPTER XV
PATENT AGENTS
108. Particulars to be contained in the register of patent agents. - (1) The reglster of patent agents maintained under section 125 shall contain the name, nationahty, address of the principal place of business. addresses of branch offices, jf any, the qualifications and the date of registration of every registered patent agent.
(2) Where the register of patent agents is in computer floppies, diskettes or any other electronic fonn, it shall be maintained and accessed. only by the person who is duly authorised by the Controller and no entry or alteration of any entry or rectification of any entry jn the said register shall be made by any person who is not so authorised by the Controller.
109. Application for registration of patent agents. - (1) Every person who desires to be registered as a patent agent shall make an application in Fonn 23.
(2) The applicant shall furnish such other infonnation as may be required by the Controller.
(3) A person desirous to appear in the qualifying examination under rule 110 shal1 make a request to the Controller along with the fee as specified in the First Schedule.
Page 29
110. PaTticulars of the qualifying examination for patent agents. - (1) The qualifying examination referred to in clause (c) (li) of sub-section (1) of section 126 shall consist of a written test and a viva voce examination.
(2) The qualifying examination shall consist Of the following papers and marks, namely:
Paper I - Patents Act and Rules Paper IJI - Drafting and interpretation ofpatent
specifications and other documents. Viva Voce
100
100 100
(3) The qualifying marks for each written paper and for the viva voce examination shall be fifty per cent each, and a candidate shall be declared to have passed the examination only ifhe obtains an aggregate of sixty per cent ofllie qualifying marks.
111. Registration of patent agents. - After a candidate passes the qualifying examination specified in rule 110 and after obtaining any further infonnation 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 agenl
112. Details to be included b:I 8n application for tbe 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 also be made in FOnD 23.
113. Registration of patent agents under section 1.26 (2). - On receipt of an application for the registration of a person as a patent agent under rule 112, 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 ofpatent agents.
114. Disqualifications for registration as a patent agent. -A person shall not be eligible to be registered as a patent agent, ifhe-
(i) has been adjudged by.a competent court to be ofunsound 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 misfortwle 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, Wlless 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 this behalf, removed the disability;
(v) being a legal practitioner has been guilty ofprofessionaI misconduct; or (vi) being a chartered accountant, has been gUilty of negligence or misconduct.
115. Payment of fees. - The continuance of a person 1 s name in the register of patent agents shall be subject to the payment of the fees specified therefor in the First Schedule. "
Page 30
116. Removal of a name from the register of patent agents.• (I) The Controller may delete from the register ofpatent agents, the name ofany patent agent-
(a) from whom a request has been received to that effect; or (b) when he is dead; or (c) when the Controller has removed the name of a person under sub-section (1) of section
130; or (d) ifhe has defaulted in the payment of fees specified in rule 115, by more than three months
after they are due.
(2) The removal of the name of any person from the register of patent agents shall be notified in the Official Gazette and shall be, where relevant forthwtth communicated to the person concerned.
.117. Restoration of name 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 Form 24 within two 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 ofa name to the register of patent agents shall be notified by the Controller in the Official Gazette and communicated to the person concerned. -
I, 118. Alteration of names etc. in the regi,;ter DC patent agents. - (1) A patent agent may apply 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.
119. Refusal to recognise as patent agent. - If the Controller is of the opinion that any person should not be recognised as 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 gi ving 'him an opportunity of being heard, the Controller may pass such orders as he may deem fit.
120. Publication of the names of patent agents, registered under the Act. -lhe names and addresses of persons registered as patent agents shall from time to time be published in the Official Gazette and in such other manner as the Controller may deem fit.
Page 31
CHAPTER XVI
MISCELLA.1\,]'EOUS
121. Address for Communications•• All communications in relation to any proceeding under the Act or these rules shall be addressed to the Controller at the "f'Propriate office.
122. Correction of clerical errors. - A request for the correction of a clerical error in any document referred to in section 78 shall be accompanied by a copy of the document highlighting the corrections clearly along with the fees payable therefor as specified in the First Schedule.
123. Manner of adverti'tcmcnt of the proposed correction of any error. - Where the Controller requires a notice of the nature of the proposed correction to be advertised, the request and the nature of the proposed correction shall be published in the Official Gazette and the pt:rson rnakin g 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.
124. 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 Fonn 14 in duplicate.
(2) Such notice ofopposition 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 reliefwhich he seeks.
(3) A copy of the notice and of the statement shall be sent by the Contruller to the person making the request.
(4) The procedure specified in rules 58 to 63 relating to the filing of TI;:;p~. stl:lt~ nent, leaving evidence, hearing and costs shall, so far as may be, apply to the hearin· of 1 .... opposition under section 78 as they apply to the hearing of the opposition to the grant ,'[patents.
125. Notification of corrections. - The Controller shan notify the perso"" making a request for the correction and the opponent, ifany, 0 f the corrections made in the re~evant document.
126. 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 shaH be duly sv,.orn to in the manner as prescribed in sub-rule (3).
(2) Affidavits shall be confined to such facts as the deponent is abJe, afms 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.
(3) Affidavits shall be swom to as follows: -
Page 32
(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.
(4) Alterations and interllneations shall, before an affidavjt is sworn to or affinned be authenticated by the initials of the person before whom the affidavit is sworn to.
127. Exbibits_ -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 inspeclion by the person interested by prior appointment. The exhibits in original ifnot already left with the Controller shall be produced at the hearing.
128. 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 the opinion that it is necessary for a party to such proceedings to perfonn 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, requ re such party to perfonn the act, file the document or produce the evidence specified in SW ,J) notice.
(2) Where an applicant or a party to a proceeding desires to be heard or not heard, the Controller may, at any time, require him to submit his statement in writing giving such infonnatioo·as the Controller may deem necessary witlrin the time specified by him.
129. Exercise of discretionary po,"yer by the Controller. - Before exercising any discretionary power under the Act or these rules adverse1y to an applicant for a patent or a party to a proceeding the Controller shan give such applicant or party. a hearing, after giving him at least ten days notice ofsuch hearing.
130. 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 Jllade in Form 25 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 Fonn 4 alJow 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 Contrqller shall forthwith transmit a copy of each of the application and the statement to the other person concerned.
(2) An application to the Controller fOT setting aside an order passed by him ex parte under clause (g) of sub-section (1) of section 77 shall be made in Fonn 25 within one month from the date of communication of ~uch order to the applicant or within such further period not exceeding one month as the Controller mayan a request made in Fonn 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 Controller shal1,
Page 33
forthwith transmit a copy each of the application and the statement to the other person concerned.
131. Form and manner in which statements required under section 146 (2) to be furnished. - (1) The statements shall be furnjshedby every patentee and every licencee under sub-section (2) of se<:tion 146 in Fonn 29 which shall be duly verified by the patentee or the licencee 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 infonnation received by him under sub-section {l) er sub- section (2) of section 146 in the Official Gazette and in such other manner as he may deem fit.
132. Form of application for the issue of a duplicate patenL - An application for the issue ofa duplicate patent under section 154 shall contain a statement setting out the circumstances in which tbe patent was lost or destroyed or cannot be produced together with the fee as specified therefor in the First Schedule.
133. Supply of certified copies and certificates under sections 72 and 147. - 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 including records in computer floppies, diskettes or any other electronic [ann kept there, may be furnished by the Controller on a request therefor made to him and on payment of the fee specified therefor in the First Schedule.
134. Request for information uuder section 153. - (1) A request for infonnation in respect of the following matters relating to any patent or application for patent shall be admissible, namely: -
(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;
(b) as to when publication of application has been made under section ItA. (c) as to when an application has been withdrawn under section 1lB. (d) as to when a request for examination has been made under section lIB. (e) as to when the exarrlination report has been issued under section 12; (f) as to when a complete specification has been accented or when an application for patent
has been refused; (g) as to when a patent has be~n sealed, or when the time for requesting sealing has expired; (h) as to when a renewal fee has been paid; (i) as to when a tenn of a patent has expired or shall expire; (j) as to when an entry bas been made in the register or application has been made for the
making of such entry; or (k) 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 fee payable on a request to be made under section 153 shall be as set out in the First Schedule.
Page 34
135. Agency. - (1) The authorisation of an agent for the purposes of the Act and these rules shall be in Fonn 26 or in the fonn ofa 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 and 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 subwrule (1) and (2), the Con~roller may, if it is considered necessary, require the personal signature or presence of an applicant, opponent or party to mlch proceeding or matter.
136. Scale of costs. - (I) Tn all prvcccdings before the Controller, he may, subject to rule 63, award costs as he considers reasonahle, having regard to all the circumstances of the case:
Provided that the amount of costs awarded in respect of any maHer set forth in the Fourth Schedule shall not exceed the amount specified therein.
~2) Notwithstanding anything contained in sub-rule (1), the Controller may, in his discretiun award a compensatory cost in any proceeding before him which in his opinion is false "r vexatious.
137. Powers of ControUer generally. w 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 tenns as he may direct.
138. Power to extend time prescribed. - (1) The time prescnbed by these rules for doing of any act or the taking of any proceeding thereunder may be extended by the Controller nonnally not more than three months, if he thinks it fit to do so and upon such tenns as he may direct:
Provided that only one such extension shall 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.
139. 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 pcrliOli or are represented at the hearing, otherwise directs.
Number of entry
1.
L
2.
3.
4.
5.
6.
7.
8. (i)
(ii)
9.
10.
11-
THE FIRST SCHEDULE (See rule 7)
FEES
Page 35
-
On what payable Number Amount of f ....es (in rupees) oftbe .-
relevant For natural For other than
Form person(s) natural person(s) either alone or
jointly with natural person(s)
2. 3. 4 5.
Rupees Rupees
On application for a patent under 1 750 3,000 sections 5(2), 7, 54 or 135 and rule 39 accompanied by Multiple of 750 Multiple of provisional/camptete in case of every 3,000 in case of specification. multiple priority. every multiple
priority
On filing complete specification 2 No fee No fee I after provisional.
On filing a statement and 3 No fee No fee undertaking under section 8. On request -[or extension of time under sections 8(2), 9(1), 25(1),
4 250 1,000
28(4), 43(3) or 53(3) and rules per per month 12(4), 13(6), 24(5). 56(1), 73(3) or 130. month
On filing a declaration as to 5 No fee No fee inventorship under rule 13(6). On application for post dating. - 500 2,000 On app1ication for deletion of - sao 2,000 reference under section 19(2). On claim under section 20(1); 6 500 2,000 On request for direction under section 20(4) or 20(5). 6 500 2,000
On request for postponement of - 500 2,000acceptance of complete specification under section 22.
On notice of opposition to grant 7 1,500 5,000 of patent under section 25. On giving notice that hearing - 1,500 5,000 before Controller will be
Page 36
attended under rule 62(2).
12: On application under sections 8 500 2,000 28(2), 28(3) or 28(7).
13. On request foi sealing of a patent 9 1,500 5,000 under section 43.
14. On application under section 44 10 1,500 5,000 for amendment ofpatent.
15. On application for directions under sections 51(1) or 51(2).
11 500 2,000
16. On request for grant of a patent 12 1,500 5,000 under section 52(z).
17. On request for converting a . 500 2,000 patent of addition to an independent patent under section 55(1).
18. For renewal of a patent under section 53.
(i) Before the expiration of the 2nd . 600 3,200 year from the date of patent in respect of 3rd year. .
(ii) Before the expiration of the 3rd - 600 3,200 year in respect ofthe 4th year.
(iii) Before the expiration of the 4th - 600 3,200 year in respect ofthe 5th year.
(iv) Before the expiration of the 5th year in respect of the 6th year.
- 600 3,200 (v) Before the expiration of the 6th - 1,500 4,500
vear in respect ofthe 7th vear. (vi) Before the expiration of the 7th - 1,500 4,500year in respect ofthe 8th year. (vii) Before the expiration of the 8th - 1,500 4,500
year in resoect of the 9th year. (viii) Before the expiration of the 9th - ],500 4,500vear in respect ofthe 10th year. (ix) Before the expiration of the 10tb - 3,500 10,000
vear in respect ofthe 11th year. (x) Before the expiration of the 11Th - 3,500 10,000vear in respect ofthe 12th year. (xi) Before the expiration of the 12th - 3,500 10,000
year in respect ofthe 13th year. (xii) Before the expiration of the 13th - 3,500 10,000
year in respect ofthe 14th year. (xiii) Before the expiration of 14th year - 3,500 10,000in respect of 15 1h year (xiv) Before the expiration of 15111 year
in respect of 16th year ' - 5,000 15,000
(xv) Before the expiration of 16th year in respect of 17'h year - 5,000 15,000
(xvi) Before the expiration of 17th year in respect of 18th year
- 5,000 15,000
Page 37
(xvii) Before the expiration of lSln year in respect of 19th year
- 5,000 15,000
(xviii) Before the expiration of 19tn year in respect of 20 th year . .... - 5,000 15,000
19. On application for amendment of 13 application for patent /complete specification/other related documents Wlder section 57 • (i) Before acceptance 700 2,500 (u) After acceptance 1,000 6,000
(iii) Where amendment is for 200 500 changing name laddress !nationalitY/address for service
20. On notice of opposition to an 14 1,500 5,000 application under sections 57(4), 61 (1) and 87(2) or to surrender a patent under section 63 (3) Or to a reguest under section 78(5).
21. On application for restoration of a~atent 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 - 1,000 3,000 patent under section 63.
24. Application for registration of a 16 700 3,000 document In the Register of Patents under section 68. (In respect of (In respect of
each patent) each patent}
25. On application for the entry in 17 700 3,000 the register of patent of the name
(In respect of (In respect ofof a person entitled to a patent or as a share or as a mortgagee or as each patent) each patent)
licensee or as otherwise or for the entry in the Register of Patents of noti fication of a document under sections 69(1) or 69(2) and rule 90(1), or 90(2).
26. On application for alteration of - 200 500 an entry in the Register of Patents or Register of Patent agents under rule 94(1) or rule 118(1).
27. On request for entry of an additional address for service in the Register of Patents under rule . 700 2,500 94(3).
28. On application for Compulsory licence under sections 84(1),
Page 38
91(1) and 92(1). 18 1,500 5,000
29. On request for examination of application for patent under section lIB and rule 24(1). 19 1,000 3,000
30. On application for revocation of a patent under section 85(1).
20 1,500 5,000
31. On application for revision of terms and conditions of licence under section 88(4).
21 1,500 5,000
32. On request for tennination of 22 cOD1pulso~licence
(a) under section 94 and (a) 1,500 (a) 5,000 (b) under section 94 as
modified by section 24C. (b) 25,000 (b) 75,000
33. On app lication for registration as 23 500 - 00(; a patent agent under rules 109 or
112. 34. On request for appearing in the - 200 -
qualifying examination under rule 109 (3). .,
----" For registration of a person as a35. - 1,500 -patent agent under rule 109 or 112.
36. For continuance of the naJl1e of a - - - person in the register of patent agent.
(i) For the 1st year to be paid along - 500 - with registration
(ii) For every year excluding the 1st - 500 -year to be paid on the 1st April in each year.
37. On application for restoration of 24 1,000 - the name of a person in the Register of Patent Agents under (Plus rule 117. continuation fee
under entry number 36)
38. On a request for correction of - 500 1,500 clerical error under section 78(2).
39. On application for review or 25 700 2,500 setting aside the decisions! order of the controller under sections 77(1)ill or 77(l)(g).
Page 39
40. On application for pennission for . 500 1,500 applying patent outside India under section 39.
41. On application for duplicate - 1,000 3,000 Patent under se<:tion 154 and rule 132.
42. On request for certified copies - 700 2,500 under section 72 or for certificate . under section 147 and rule 133.
43. For certifying office copies or - 200 500 printed each.
44. On request for inspection of - 200 500 register under section 72 inspection under rule 27 or rule 38.
45. On request for information under - 300 1,000section 153. 46. On form of authorisation of 26 No fee No fee
patent as!;ent. 47. On petition not otherwise - 1,000 3,000
provided for.
48. For supplying of photocopies of - 4 4 the documents per page.
49. Transmittal fee for - 1,500 5,000 International application.
50. For preparation of certified copy - t ,1)1\1 3,000 of priority document and for transmission of the same to the International Bureau of World Intellectual Property Organisation.
S1. National fee on application lA 750 3,000
corresponding to International Multiple of750
Multiple of application under peT under 3,000 in case of section 7(lA). in case of every every multiple
multiple priority priority
52. On request for grant of exclusive 27 25,000 75,000 marketing right under section 24A.
53. On application for compulsory 18 25,000 75,000 licence under rule 47.
54. On application for revocation of 20 1,500 5,000 exclusive marketing rights under rule 47.
55. On notice of opposition to 14 10,000 30,000 application under section 87 as modified bv section 24C or
Page 40
under rule 49 (1) or rule 52 (3).
56. On application for revision of 21 10,000 30,000 tenns and conditions of licence under rule 51 (1).
57. On request for inspection of , 200 SOO Register of Exclusive Marketing Right.
58. On request for supply of - 700 2,500 Certified copy of the entry in the Register of Exclusive Marketing Right.
59. On statement regarding working 29 No fee No fee of a patented invention on a commercial scale in India under Section 14(:;{2).
60. Request for pennission for 30 No fee No fee making patent application outside India under section 39.
Note: All the Fonns/ApplicationslRequestsINoticelPetitions shall be filed in duplicate unless otherwise specified in the r..:ks:
THE SECOND SCHEDULE [See rule 8}
Fonns LIST OF FORMS
I1'ltl. 3 1. SectIOns 5(2), 7, 54, 135 and rule 39 . ApplicationJar grant ofa patent.
l.A
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Section 7ClA); rule 20(1)
Section 10; rule 13
SectlOn S and rule 12.
SectlOns 8(2), 9(1), 25(1), 28(4), 43(3), 53(3) and rules 12(4), 13(6),24(5), 56(1), 73(3) or 130. Section 10(6) and rule 13(6).
Sections 20(1), 20(4), 20(5) and rules 34(1), 35 or 36.
Section 25 and rule 55.
Sections 28(2), 28(3) or 28(4) and rules 66, 67, 68.
Section 43 and rule 73(1).
Section 44 and rule 75.
Sections 51(1),51(2) and rules 76,77.
Sectlon 52(2) and rule 79.
Section 57 and rule 81(1).
Sections 57(4), 61(1), 63(3), 7S(5) and 87(2) and rules 49(1), 52(3), 81(3)(b), 85(1), 87(2), 98(1), 101(3) Or 124 and also section 87 (2) as modified by section 24C.
Applicatl<m for grant ()f patent on an application correspondmg to an International ap'Phcabon under peT. Provisional/Complete Specification.
Statement and undertaking.
Request for extension for time.
Declaration as inventorship.
Claim or request regarding any change in applicantfor patent.
Notice of opposition to grant of a patent.
Request or claim regarding mention of inventor as such in a patent.
Request for sealing ofa patent.
Application for amendment of patent.
Application for direction of the controller.
Request for grant ofpalent.
Application for amendment of the application for patent/complete specification.
Notice of opposition to amendment/restoration/surrender of patent/grant of compulsory licence or revision of terms thereof or to a correction of clen'cal errors.
Page 41
Page 42
1
. 15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
!)J\I 2"1.
28.
29.
30.
2
Section 60 and rule 84.
Section 68 and rule 89.
Sections 69(1) or 69(2) and rules· 90(1) and 90(2)
Sections 84(1), 91 or 92(1) and rules 47, 96 and also sections 84 and 92 as modified by section 24C.
Section lIB sndRule 24(1).
Section 85(1) and rules 47, 96, and also section 85(1) as modified by section 24C.
Section 88(4) and rules 51, 100 and also se~tion 88(4) as modified by sectl0n 24C.
Section 94 and rule 102(1) and also section 94 as modified by section 24C. Rules 109 and 112.
Section 130 (2) and rule 117.
Sections 77(1){I), 77(l)(g) and rules )30(1) or 130(2).
Sections 127, 132 and rule 135.
Section 24A and rule 40.
Rule 46.
Section 146(2) and rule 131(1)
Section 39
Application for restoration of pa.tents.
Application for registration of a document.
Application for registration of title/interest in a patent or share in it or registration of any document purporting to affect proprietorship ofthe patent.
Application licence.
for compulsory
Request for examination of application for patent. Application for revocation of a patent or exclusive marketing right.
Application for revision of terms and conditions oflicence.
Request for termination of compulsory licence. Application for registration of Patent Agent.
Application for the restoratIOn of the name in the register of Palent Agents.
Application for review/setting aside controller's decision/order.
Form ofauthorisation of a Patent Agent/or any person in a matter or proceeding under the Act.
Application for grant of exclusive marketing rights.
Form for the granl of exclusive marketing rights. Statement regarding the working ofthe Patented invention. Requestjor pemlission for making patent application outside India
Page 43
FORM 1
THE PATENTS ACT, 1970 (39 of 1970)
APPLICATION FOR GRANT OF A PATENT
(See sections 5(2), 7, 54 and 135; rule 39)
I. Repeat the columns (a) to (c) if there are more than one applicants.
2. Insert the name in full. The family or principal name in the beginning if the applicant is a na.tural person.
3. Insert the complete addresses includmg postal mdex number/code and state andlor country.
4. Insert the nationality..
5. Repeat the columns (a) to (c) if there are more tillm One mventor.
6. Insert the name In full. Family or pnncipal name In the begmmng.
1. UWe, 1.. (3)2 _____________
~)3 ______________~__-------
(c) 4______________
(a) 2 _______________
~)3 ________________________
(c) 4 ______________
(a) 2 ______________
~)J ________________________
(c) 4______________
2. hereby declare- (a) that I amIWe 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 mventor(s) for the said inventIOn Is/are 5---------------------- (a) (i. ______________
(b) 7. ___________________
Page 44
7. Insert the Complete address including the postal code, state and/or country.
8. Insert the nationality.
9. Repeat the columns (a) to (c) if there are more than one applications.
10. Name of the country.
11. Application number
12. Date ofapplication.
13. Applicant In convention country.
14. Title of the invention in the convention country
15. Application number or patent number.
16. Date of application or date of patent.
17. Application number including published serial number, jfany.
18. Date of filing of provisional SJlecification andlor complete specification.
19. Complete addn:s.s including postal index number/code and
. state along WIth Telephone and Telefascimile number(s)
20. Repeat the columns (a) to (c) ifnecessary
21. Signature of the true and first
(c) 8, _____________
4. lfWe, claim the priority from the application(s) filed 10 convention countries, particulars of which are as fonows: 9. ____________
(a), 10. _______________
(b). 11. ______________
(c). 12. _______________
(<!).13. __________~___
(e). 14. _______________
and declare that above application or eacb of the above applications -was the first application(s) in a convention countrylcountries in respect of my/our invention..
5. IIWe state that the said invention is an improvement in or modification of the invention, the particulars of which are as follows and of which JIWe are the applicantJpatentee:
(a). 1~. _______________
(b). 16. ______________
6. I/We state that the apphcation is divided out of my/our application, the particulars of which are given below and prey that this application deemed to have been filed on __________ under section 16 of the Act.
(a). 17. _______________
(0). ]8, ______ and _______
7. That I amIWe are the aSSlgnee or 1egal representative of the true and frrst inventors.
8, 10at my/our address for servlce in India is as follows: 19, ______________
9. Followmg declaration was gIven by the inventor(s) or applicant(s) in the convention country:
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 by hIs authonsed patent agent.
23. Name of the natural person who has sIgned.
Page 45
IIWe 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) 3..
(---~-----------~-- ) 21 10. That to the best of my/our knowledge, information
and belief the fact and matters stated herem are correct and that there is no lawful ground of objection to the grant of patent to me/us on this application.
It. Following are the attachments with the application:
To
(a) Provisional/complete specification (3 copies) (b) Drawings (3 coples) (c) Priority docurnents(s) (d) Statement and Undertaking on Fonn-3 (e) Power 0 f Authority (f) ............................................... (g) ............................................... (h) .... ,..... ,., .... ,............ ,................ (i) Fee Rs. ............... tn CashlChequelBank
Draft beanng No............. date .............. .. on ................................. Bank.
lIWe request that a patent may be granted to me/us for the said mvenllon
Dated this ............ day of ........ " ...... 20
Signature.. 22...
(------------------------------ ) •.2:3 ..
The Controller of Patents, The Patent Office, At ......................................................... .
Note: (a) Strike out which ever 15 mapphcable (b) For fe·e: see First Schedule
Page 46
FORM lA
THE PATENTS ACT, 1970 (39 of 1970)
APPLICATION CORRESPONDING TO AN INTERNATIONAL APPL1CATION FOR GRANT OF A PATENT
[See section 7(1A); RULE 20(1)J
1. Repeat the columns (a) to (c) if there are more tlmn one applicants.
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 addresses including postal index number/code and state and/or country.
4. Insert the nationality. 5. Insert international application
number.
6. Insert international filing date as allotted by the Receiving Office.
7. RePeat the columns (8) to (c) if there are more than one inventor.
8. Insert the name in full. Family or principal name in the beginning.
1. IiWe, 1•• (a) 2 ______________
~)3________________________
(c) 4 _____________
(a) 2_____________
~)3_____________________
(C)4___~__________
{~2______________________
~)3_______________________
(c) 4______________
2. hereby declare· (d) that I amIWe are in possession of an invention
titled -----------------
(e) that my/our application In India is based on the international application under PCT no.' ........................... date6............. ..
3. further declare that the inventor(s) for the sald inventton is/are , ___________
(a) 8. ______________
(b) 9.
•
9. Insert the complete address including the postal code, state andlor country.
10. Insert the nationality.
ll.Repeat the columns (a) to (e) if there are more than one appJications.
12. Name of the country.
13. Application Number
14. Date ofapplication.
15. Applicant In convention country.
16. Title of the invention in the convention country
17. Application number or patent number.
18. Date of application or date of patent.
19. Complete address including postal index number/code and state along with. Telephone and Telefascimile number(s)
20. Repeat the colunms (a) to (c) ifnecessary
21. Signature of the true and first in~tor(s) or applicant in the convention country with date. Name of the natural person should also be given below
Page 47
(C)IO. _____________
4. IIWe, claim the priority from the application(s) filed in convention countries, particulars of which are as follows: 11. ------------------------
(a). 12. ______________
(b). 13. _____________
(c). 14. _______________
(d). 1:5. ______________
(e). 16. _______~-----_:___:_ and declare that above application or each of the above applications was the first application(s) in a convention country/countries in respect of my/our invention. 5. VWe state that the said invention is an
improvement in or modification of the invention, the particulars of which are as follows and of which IIWe are the applicant/patentee:
(3).\7. ________
(b). 15, ________
6. That I amIWe are the assignee(s) or legal representative(s) of tile true and first inventors.
7. That my/our address for service in India is as fonows: 19. ___________________
8. 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...
Page 48
the signature.
22. To be sIgned by the applicant(s) or by hiS authonsed patent agent.
23. Name of the natural person who has slgned.
(3) 8•. IS. _____________
(b) 9••
(c) 10•• _____________
( ________- _______) 2]
9. 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 attachments Wlth the application:
To
(j) Complete Specification in confinnatlOn wtth the mternatlOnal applicatIOn/as amended before the IPEA, tfany.
(k) Drawing(s) in confinnanon With the international app1ic3tion/as amended before the !PEA. if any (a)S~atement and Undertakmg on Fonn-3. (b) Power of Authonty (c) ................. :.......... .. (d) ............................ .. (e) ............................. . (f) ............................. ..
Fee Rs................ In CashiChequelBank Draft bearing No............. date ............... .
on ................................. Bank.
lJWe request that a palent may be granted to me/us for the saId inventIon
Dated thIs............ day of ................ 20
Signature.. 22••.
(-------------.--------.----) ••23 ..
The Controller of Patents, The Patent Office, At ........................................................ ..
~f-------------------------·----------------------------------------------------------
Note: (a) Stnke out whlchever IS not applicable (b) F()r fee: see the FIrst Schedule
---------------------~---------------------------------------------------~------------
Page 49
FORM 2 THE PATENTS ACT, 1970
(39 of 1970)
PROVISIONAL / COMPLETE SPECIFICATION (See sectiolllO; rule 13)
1. Title of the invention.
2. Repeat the cotunms (a) to (c) if there are more than one applicant.
3. Insert the name in fuJI. The family or principal name in the beginmng if the applicant is a natural person.
4. Insert the complete adm-ess including postal index number/code, state and country.
5. Insert the nationahty.
6. Strike out in case of provisional specification.
7. Description of the invennon. Description shall start from the second page.
8. Inapplicable In case of provisional speclfication.
9. To be signed by the applicant or .his authonsed registered patent agent.
10. Name of the natural person who has signed.
II. (a) Not applicable In case of provisional specificatlOD
(b) Separate sheet to be used for thiS column.
1. 1•• _________________
2.2. (3).3______________
(b). 4______________
(c). 5______________
(a). J ______________
(b). 4_____________
(c). 5______________
The following specification (particularly) ' ... describes the naum: of this invention (and the manner in which it is to be performed) 6 :_
3.. 7___________________________
4. 11 We claim: - . 8. "
Dated this ............ day of ...................... 20
Signature.. 9 ...
( ) •• 10..
5.. 11.. ----------------------------------- Abstract of the mvention.
----------------------------------------------------------------------------------------------- Note: Stnke out whichever is not applIcable
Page 50
FORM 3
THE PATENTS Acr~ 1970 (39 of 1970)
STATEMENT AND UNDERTAKING UNDER SECTION 8 (See section 8; rule 12)
1. Name, address and nationality of the applicant(s).
2. Name, address and nationality of the person
IIWe. 1...________________
hereby declare:
(i) that I1We who have made this application No. Dated___ alone/jointly With .2 ............................................................,
made for the same/subst;,mtially same invention application(s) for patent in the other countries, the particulars ofwhicb are given below:
Name of the country.
Date of application
Apphcation No. Status of the applIcation
Date of publication
Date of grant
3. Name and address of the assignee (ii) that the nghts in the appJication(s) has/.have been assigned to. 3.
(iii) that JlWe undertake that upto the date of acceptal1ce of the complete speclficaLion by the Controller, I/We would keep him infonned m writing the details regardmg correspondmg applications for patents filed outside India within three months from the date of filing of 'iueh application.
Dated this ................... day of ................. " . '" .... , ................ 20
4. To be signed by the applicant or his authorised registered patent agent.
5. Name of the natural peroon who has signed.
( SIgnature.. 4..
To The Controller ofPatents, The Patent Office,
At
FORM 4
THE PATENTS ACT, 1970 (39 of 1970)
REQUEST FOR EXTENSION OF TIME f See sections 8(2), 9(1), 25(1),28(4),43(3), 53(3); rules 12(4), 13(6),24(5),56(1), 73(3) and 130]
1. Name, address and nationality of the I/We.
Page 51
applicant. 1,,'--________________
hereby request for extensIOn oftime for
month(s} under SectionIRule
in cormection with my lour application I Patent No.____ The reasons for making the request are 35 fol1ows: •
Dated this ................... day of ............................................ 20
2. To be signed by the applicant or his authorised registered patent agent.
3. Name of the natural person who has signed
Signature.. 2.. (--------------------,--
To The Controller ofPatpnts, The Patent Office,
-----------) .... 3
At ......................................... ~ ................ ..
Note: For fee: see First Schedule.
--------------------~--------------------------------- ---------------------------------------
Page 52
FORM 5
THE PATENTS ACT, 1970 (39 of 1970)
DECLARATION AS TO INVENTORSHIP rSee section 10(6); rule 13(6) 1
1. Name(s) of the appJicant(s). JJWe.
2. Repeat the co]unm (a) to (c) if there are more than one inventor.
1..._________________
hereby declare that the true and first inventor(s) of the mvention disc10sed tn the complete spectficatlon filed in pursuance of my/our apphcation numbered
dated ..... _......... , . .. . . . . . . .. . . . .. . .. .. .. isl are: •• 2 ..
3. Insert the name in full. The family (a). 3. ____- __________ name or principal naine m the beginning.
(b). 4. _____________
4.1nsert the complete address.
5. Insert the nationality. (c). 5.~._____________
Dated this ................... day of ........................................... 20
6. To be signed by the applICant or his authorised regIstered. patent agent.
7. Name of the natwaJ person who has signed
8. To be signed by the inventor.
Signature.. 6.. ( ).7....
If any person named as inventor at above is not S() named in the application. he must sign the following statement -
I assent to the invention referred to in the above declaration, being included in the complete specification filed in pursuance of the stated application.
Slgnature.. II.• (
10 The Controller ofPatents, The Patent Office, At
).7....
• ~ • ~ ............... , I .............................. '" ................ .
.--------------------------------------------~-----------------~------------------------------ Note: - Strike out whichever is not applicable,
-------------------------------------------------------------------------------------------_.
.;
FORM 6 THE PATENTS ACT, 1970
(39efl971)
Page 53
CLAIM OR REQUEST REGARDING ANY CHANGE IN APPLICANT FOR PATENT
t See Sec:tioDS 20(1), 20(4) and 20(!); rales 34(1),35 and 36]
1. Repeat the columns (a) to (c) if there are more than one applicant
1.l/We,I,_____________
~) 2 _______________________
(b) 3___________
2. Insert the name in full The (c) " family OT principal name in ------------- the beginning if the applicant is a natw'al 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) fo: pntent.
6. Origtnal 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/corle and state along with Telephone and Telefacsimile number(s).
9. To be signed by the applicant(s) or· authorised registered patent agent.
10. Name of the natural person who has sigoed.
hereby request that the application for patent No.
................................ dated .....................
made by. s_____________
may proceed in my/our name and further request that
directron 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. Consent by the legal representative ofthe
deceased joint applicant, ifrequired.
(a) .7. _____~---------
(b) .7. _____________
(c) .7. ______________
My/our address for service in India is:.lI.____
Dated this ................ day of ...................., 20 Signature 9..•
(__________---....w. . ._-) 10••
Page 54
To The Controller ofPtbtu, The Patent Qffioa, At ... ~ .............................~..• ,..............................
N...:-TIiiII.np....• appIblJle,... .... m..,of...... NIle: C-)Strllruld ~ilnot
appl~ (b) JI.r ,.:...s.
I1nt SeIoedwJe.
FORM 7 TIm PATENTS ACT, 1970
(3!) of1970}
NOTICE OF oPPOSmON TO GRANT OF A PATENT
1. S1atc: names. 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.
To
f See sectioDs 25; rule SS) 1.VWC,1.,___________________________
hereby give notice of opposition to the grant of a
patent on application for Patent No..................... ..
(Serial No.........................) dated .................. . nmdeby _____________________________
on the grounds 2. _______________
My/Our address for servlCC;S in Ind13 18••:3 ••••••••••••• _
•••• , .................................... 4 ............................. .
... ,............... ~ ..............................................".......... . Signature .. 4....
.. (--------------------~) .. !t ....
The Controller ofPatents, The Patent Office, At .................................................... , ... .
. For fee: see First Schedule.
--------------------------------------------~-----------------------------------------
'.
Page 55
FORM 8 THE PATENTS Act, 1970
(39-of 1970)
REQUEST OR CLAIM REGARDING MENTION OF INVENTOR AS SUCH IN A PATENT
ISee SectiOlUl 28(2), 28(3) aDd 28(4); rules 66, 67 and 681 I
1. State 1l3DleS, address and nationality L J/Wc, I .... '" .................................................... of the person making this application.
2. Insert the name of the per$OD. mentioned as inventor.
3. Complete address including postal index number/code and state along with Telephone and Te1efacsimile number(s).
4. To be signed by the applicant or his authorised fegt.stered patent agent.
"" ...... ~ ................ t ................. I"" .............. , ................ .
hereby state/claim that the following person(s) be
mentioned as IDVcntor(S) in the patent application No.
.................................................dated ....... ~by ___________________________
or
hereby declare that .2........................................... ..
'40 ......... , "' ............... , .. ~ ........ I ............. , •••• 1_ .............................. ..
• ....... I ............. I ......................................................................
ought not to have mentioned as inventor in the application for Patent No. .. .............................dated ......." . .. ....... .. .. .. IJIllde by ..................................................and JlWc hereby apply for a certificate to that effect.
A Statement setting out tl'iJ;::. drcUJJ'\stances under which 2.
thls application is made is ,li;tachred together with the
copy/copies thereof as reqUired under the Rules.
My/Our address for service 1n India IS .J.•
Dated this ......................... day of ........................... 20
5. Name of the naturul person who has signed.
To
Si~ture.. 4.•.
(---------------------- ).. 5....
The Controller ofPatents. The Patent Office, . At .......................................... ,............................ ,.........
Note :. For fee : see First Schedule._._----------_.-------.----------------_...---------------------------------------------------
Page 56
FOR-M 9
THE PATENTS ACT, 1970 (3901'1970)
REQUEST FOR SEALING OF A PATENT [See sectioa 43; rule 73(1)]
1. State the name ofthe apphcant(s).
2. To be Signed by the apphcant or Ins authonsed regIstered patent agent.
lIWe. 1....... ~ ....................................... I ••••••••• ' ••••••••
............................ , .... "" .......... , .................................... I •••' ....... •••• .. ··········"······ .... ••••••• .. ·~· .... • ...................... .
.. , ................................................................................................... 4o ..... ..
.- request that a patent may be sealed on my/our applicatIon
No. dated
...........................senaJ No............................. ..
and declare that no proceedmg 1n relatlOn to that
appllcanon JS pendmg before the Controller or the High
Court.
That to best of my/our lmowledge, Infmmatlon and behef the
facts and matters stated herem are correct and that there 18
no lawful ground of objectIOn to the grant of a patent to
me/us on tlus apphcanon.
Dated thiS ................ .. ...... day of .. ...... . . ... . "','" .. " 20
3. Name of the natural person who has slgned.
Slgnature . 2••
(------------------------) 3......
To The Controller of Patents, The Patent Office, At ....................... .................................
-----~----------------------------------------------------------------------------------------
Note:· For fee; see FIrst Schedule
t.
Page 57
FORM 10 THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR AMENDMENT OF PATENT rSee secdoD 44; rule 75]
1. Repeat the colUmns (a} to (c) if UWe.. 1.. " there are more than one applicant. (a). 2. _______________
(b).J, ______________
(c). 4. _______________
2. Insert the name in full. Family or (a). 2. _________________ principal name in the beginning if ltJ1 '!~ the applicant is a natural person. (b). 3.------~--------
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 TeJefacsimHe number(s).
(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 m support to my/our request, IfWe furnish
the following dQC~ts :
••••••• , •••••••••••••••••••••••••••••••••••••••••••••• ••••••• ~.t........... .
My/our address for service in India is. 5•
..-. ... .. ...... " ................. ~ ................ "......... , ....... ,., ........... " .. ..
..................................,................. , .. , ..................
I>ated this .............. ,.... ~ .... day of .................. , ................. 2()
6. To be signed by the applicant(s) or his authorised registered patent a.gent.
7. Name of the natural person who has signed.
Sign;;ture.. 6.....
(------------------------------)•• 7 .••
To The Controller ofPatents, The Patent Office,
----- ----- - --------------------------- - - -~!:.:..: ::.::.. ::..:.:.::.: :.,...:..: :.:.::.:.:.::.:.:.:.::..::..::..: :.,.,: :..::.:.:..::..: :.,..:.:.::..:.:.:.:.:..:.::..: .:.::..:::.:.:.
Note: - For fee : see First Schedule
Page 58
FORM 11 TIIE PATENTS ACT, 1910
(390f1970)
APPLICATION FOR DIRECTION OF THE CONTROLLER .
l See sectiolli 51(1) and 51(2); rules 76 and 711
1. Sblte the natne in full. address and IIWe I. ..................................................................... nationality.
2. Complete address including postal mdex number/code and state along WIth Telepbone and Telefac:smille number(s).
3. To be SIgned by the apph~ant(s) or hIS nuthonsed reglS~ patent agent.
hereby apply for the following directaon in respect ofp~tent
No......................... ,............ dated .................... .
_granted to ...................................................... .
.................................. .......................... 10' ............. ,.··.· .. ··,
The reasons for makmg tlns applicatIon are as fonows : , 1"^( �'1[( ; •
• ••••• ~" ............. I ........... t .................... , ....... " ....... " .................. .
My/Our address for &erVJce In Indla lS...2.................... ..
Dated th1s ........ .. .............. day of .. .. .... ., ..................... 20
4. Name of the natural person who bas slgned.
Signature .. 3•••
(-------------. ) •• <t.
To The Controller ofPatents, The Patent Office, At ........................................................... ..
--------------------------------------------------------------------------------------------- Note: - Far fee: see FlfSt Schedule
-------~-----------------------------------------~-------------------------------------------
Page 59
FORM 12 mE PATENTS ACT, 1970
(390f1970)
REQUEST FOR GRANT OF PATENT UNDER SECTION 52(2)
( See section 52(2); rule 191
1. Repeat the colunms (a) to (c) if there are more than one appbcanL
2. Insert the name in full Family or pnnclpal name In the begmnmg, If the applIcant 15 a natural person.
3. Insert the complete address Includmg postal code and state and/or country.
4. NatIonalIty of the person.
5. Name ofthe Hlgh Court.
6. Name, address and nationality of the true and first mventor.
7. Complete address mcludmg postal mdeox number code and state along With Telephone and Telefac:mndc number(s).
8. To be S1gned by the
(1)
(n)
JlWe . l. ...............................................................
........ ~ ........-..... "' ...........-.............. ~ ............ ........................ . (a). 2 ................................................................ ..
(b).3......................................................... ..
(c) .4......................................................... .
hereby declare:
that lIWemade a petItIOn Wlder Section 640fthe
Act before the HIgh Cowt of .5........................... ..
and the detatls of the patent and the petJ.tton are given
below:
Patent No. dated
Grantee / Patentee ........................................
Petitlon No. ..... . .............dated .................. ..
that lfWe have claimed to be the true and first
inventor(s)lasslgnee(s)llegal representanve(s) of . 6.
Page 60
FORM 12 THE PATENTS ACT, 1970
(39011970)
REQUEST FOR GRANT OF PATENT UNDER SECTION 52(2)
[See sectloD 52(2); rule 791
1. Repeat the columns (a) to {c} if there are more than one applIcant·
2. Insert the name in full. Family or pnnclpal natne m the begInnmg, If the appbcant 15 a natura) person.
3. Insert the complete address mcludmg postal code and state and/or country.
4. NatIonahty ofibe person
5. Name of the HIgh Court.
6. Name, address and nationality of the true and frrst mventor.
7. Complete address mcJudmg postal mdex number code and state along WIilt Telephone and Telefacsmule number(s).
8. To be slgned by the
(i)
(li)
J1We. 1.............................................................. .
(a).2 ................ , ........................., .................... .
............................................... Iii ............................ ~ ................................ _ ..... ..
(b) .3....................... , ................................... ..
(c) .4...............................................................
hereby declare :
that J/We made a petitLon under Sectlon 640ftbe
Act before the Hlgh CoUl t of . , ...........................
and the detaIls of the patent and the petJllon are given
below:
Patent No. dated
Gnintee f Patentee ........................................
Petltlon No.....................dated .................. ..
that J1We have claimed to be the true and first
mventor(s)/asSlgnee(s)/legal representatlve(s) of . 6.
FORM 13
THE PATENTS ACT, 1970 (39 Df1970)
Page 61
APPLICATION FOR AMENDMENT OF THE APPLICATION FOR PATENT/COMPLETE SPECIFICATION
[ See secti.on 57; ruJe 81(1) 1 Name, address and nationality ofthe TJWe. I. .••.•.. , ...............................................
applicant(s).
2. To be signed by the appJicant(s) or patentee(s) by his authorised registered patent agent.
3. Name of the natural person who has signed. .
, ............ ........................ , ............ ~ .""" .... , ..................... ".' ...................... .. request leave to amend the application/complete
specification with respect to application for patent No.
............................dated ............................ as
highlighted in the copy hereto annexed.
My/Our reasons for making this request are as follows: -
J1We declare that no action for infringement or for the
revocation of the patent in question is pending before a
Court.
IIWe declare that the facts and matters stated herein me
true to the best of my/our knowledge infonnation and
belief.
Dated this ..... " ......... : ... day of ...................................... 20
Signature. 2.....
(------------------------------------) • 3.....
To The Controller ofPatents, The Patent Office, At .............. , ...................... ,........................ ..
---------------------------------------------------------------------------~------------------
Note : For fee: see First Schedule.
'.
Page 62
FORM 14 THE PATENTS ACT, 1970
(390f1970) NOTICE OF OPPOSITION TO AMENDMENT / RESTORATION /
SURRENDER OF PATENT/GRANT OF COMPULSORY LICENCE OR REVISION OF TERMS THEREOF OR TO CORRECTION OF CLERICAL
ERRORS I See sections 57(4),61(1), 63(3), 78(5} llnd 87{2)i ruIn 49 (1), 52(3), 81(3) (b), 85(1), 87(2), 98(1), 101(3) and 124 and also sections 87(2} as modified by section 24C]
1. State the Dame, address and J/We. I. ............................................................. nahonahty.
2. Complete address including postal mdex number/code and state along with Telephone and Telefacsimile number(s).
3. To be signed by the opponent or his authorised registered patent agent
4. Name ofthe natural p~on who has signed.
hereby give notice ofopJXlsition: -
to the amendment of the apphcation/!;pec1flcation with respect to application for Patent No.
dated ................. ,...................... OR
to the application for restoration ofPatent No. .................................... ,.......... dated ............... ..
OR to the offer to surrender the Patent No. ............................... dated ........................... .
OR for the grant of compulsory licence. endorsement ofpatent or revocatl~n of Patent No........................ dated ............
OR for the revision of the tenru; and conditions of licence in respect ofPatent No. ,........................... dIlted ............... ..
OR for correction ofa clerical error JO Patent No. ............................. dated .................. I SpecificatIon No...................................... dated ................... in respect ofPatent No. ............................ .... .. .... dated ...............or Patent application No........................ .. dated ...............
The grmmdl! in which the sw.d opposition IS made are.& follows;
My I Our addm;s for service in India IS: . '2•
••• ...... u ... • Dated this .................... day of .................... " ................ 20
Signature. 3... ..
(----------.----------.----) • 4.....
To The Controller ~fPatents, The Parent Office, At .................................................. " ...............
-_.----------------------------------------- Note: -(a) Stnke Qut whichever js-~;;;h~b~~-(b)F~;f;;.--~-~;F~~S-c~d~I;.----------
---------------------------------------------------------------------------------------~
•
Page 63
FORM 15
THE PATENTS ACT, 1970 (39 of 1970)
APPLICATION FOR THE RESTORATION OF PATENT
[ See section 60; rule 84)
1. Insert the name, address, nationality of the apphcant(s).
J/We. I. ...............................................................
hereby apply for an order of the Controller for the restoration
ofPatent No............................... ,•.dated ......granted
to ,................................................................. .
The circumstances which led to the failure to pay the renewal fee for the year ...............
on or before . ....... .. ............. .. .... . are as follo'W'S:
J/We declare that IIWe have not • "''iigned the patent to any
other person(s) and that the facts and matters stated herein are
true to the best afmy/our koowledge infoIlDRtion and belief.
Dated this ................... day of .................................. 20
2. To be signed by the applicant(s) or by his authorised regIstered patent agent.
3. Name of the natural person who has signed.
Signature.2......
(-----------------------------------) .. 3......
To The Controller of Patents, The Patent Office, At .................................................... ..
------------------------------------------------------------------------------------------------ Note: For fee : see First Schedule.
t..
Page 64
FORM 16 THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR REGISRATION OF A DOCUMENT
( See section 68; rule 89]
1. lnsert the name, address and nationality.
IJWe. I ........................................................ ..
hereby applv for the registration of a document the detal]~
of WhlCh are gwen below, In respect of Patent No.
......................................... dated ....................
granted to .................................................... ..
and of which the patentee is ...................................
..... ~- ................................................... ~ ....... .................. . in the register of patents.
Dated thIS ................... day of .................................. 20
2. To be sIgned by the apphcant(s) or by his authorised regIstered patent agent.
3. Name of the natura] person who has signed.
SIgnature. 2......
(----------------------------------------) .. 3•.•.•.
To The Controller ofPatents, The Patent Office, At ..................................................... .
Note: For fee : see Flrst Schedule.
FORM 17 THE PATENTS ACT, 1970
(39 of 1970)
APPLICATION FOR REGISRATION OF TITLE/INTEREST IN A PATENT OR SHARE IN IT OR REGISTRATION OF ANY DOCUMENT
PURPORTING TO AFFECT PROPRIETORSHIP OF THE PATENT [ See sections 69(1), 69(2); rules 90(1) and 90(2)1
I. Insert the nwne, address and JlWe. L ................................................................ IUluonality of the apphcant(s).
Page 65
2. A descnptIon of the nature of the: document, glVmg the date and the I1a.mfS, address and nationality of the partles thereto.
hereby apply that my/our name(s) may be regtstered ill
the register of patent as a person entttled to the patent/a
share in the patentlllJl mterest in the patent details of
which are specified below:
3. Complete address Ulcludmg postal code and state along with Telephone and Telefacsumle number(s).
4. To be Signed by the applicant or his authorised regIstered patent agent.
5. Name of the natural person who has sIgned.
Patent No......................... dated ........................
Grantee ........................................................ .
Patentee .......................................................... ..
and ill proof thereof we transmit the accompanying . 2..
..••..W1th a certified copy thereof.
OR
Transmit hereWith an attested copy of. 2 •
................. ............ ..."" ............................m
respect ofPatent No(s).
. ......................................... dated ....................
granted to ...................................................... ..
ofwruch thepaicntee is .................................... as
well as the original document for verification and UWe
hereby apply that a notUK:atiOll thereof may he entered In
the register ofpatents. My/Our address for SerVlce m Ind1a is . 3..
• ...... _ •• t ..................... _ ............................... , .............. ..
•••• ........ ............. ................ ,._ .......... to ........... t ............. _
__ ............................. oO ............. 0 ........................ 0 ............. .
Dated thIS ................... day of .................................. 20 SIgnature. 4..... .
(-----.-~---------~.-) .. ~ ......
To The Controller ofPatents. The Patent Office, At ...................................................... .
--------------------------------------------------------------------------~~------------~-------- Note: - (a) For fee: see Fin;t Sche-dulc.
(b) SlTlke out whlchev(:r is not applicable. ._----------------------------------------------------------------------------------------------_.
Page 66
FORM 18 TIlE PATENTS ACT~ 1970
(390fl970) APPLICATION FOR COMPULSORY LICENCE
[See sectIons 84(1).91,92(1); rules 47a1J4 96 and also section 84 and 92 as m~di:fied by section 24C J 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 facsimile number(s).
4. To be signed by the applicant(s) or by his authorised registered patent agent.
J/We. I ...........................................................
hereby apply fOT the grant of a compulsory licence undeT
Patent No..........................................dated
.............granted to .............................................
..................................... for which the patentee is
. .. on the following grounds, namely:
UWe declare that the facts and matters stated herein are true
to the best ofmy/ouT knowledge, infonnatlon and betief.
The details of documentary evidence in support of my/our
interest and the grounds stated above are gIven below :
2....
(a) ...........................................................
(b) ............................................................
(c) ........................................................... .
My/OUf address for service in India is: . 3•.•••••.••••
Dated this ................ '" day of ............ , ............ '" ...... 20
5. Name of the natural person who has signed.
Signature. 4 ......
(-----------_.---------------) .. j .•....
To The Controller ofPatents, The Patent Office, At ..................................................... .
---------------------------------------------------------------------------------------------- Note: For fee: see First Schedule.
._._------------------------------------------------------~-----------------------------------
Page 67
FORM 19 THE PATENTS ACT, 1970
(39 of 1970) REQUEST FOR EXAMINATION OF APPLICATION FOR PATENT
[See section lIB; rule 24(1) ]
1. State the name, address and nationality.
2. Certified copies of the documents are to be Clc10sed in duplicate in case the request is filed by a person other than the applIcant.
3. Complete address includmg postal mdex number/code and state along with telephone, facsImile number(s) and e-mail address.
4. To be signed by the apphcant(s) or his authorised registered patent agent.
VWel
hereby request that my/our/the application faT patent
No.....................filed on ............................... for
the· invention ................................................. ..
.................. shall be examined under sections 12 and 13
of the Act
l/We hereby declare that lIwe the applicant(s) for
patent/person(s) interested for/about the above mentioned
apphcation for patent.
As an evidence of my/our interest in the application for
patent lIWe hereby transmit the following documents: 2
(a) .............................................................. ..
(b)
(c) ................................................................. .
My/our address for service in India is 3
Dated tbis ................... day of ................................ " 20
5. Name of the natural person who has signed.
Signature4 • (__•________________________________ ) s
To The Controller of Patents, The Patent Office,
_____________________.... ____________________ _b!-''''.:....... ..J. :,.•...;1 a.~"'.a...... .:.:...•...:.:..'IoJ"'''''...,.:....:.J.'=_•..:..L_'':O.:..:...•..:.:..~..:.~.~.:..:...•.:~___~ __
~ote :- (a) For fee: see First Schedule. (b) Strike out whichever IS not applicable
._------------------------------------------------------------------------------------~---------
Page 68
FORM 20
THE PATENTS ACT.. 1970 (390f1970)
APPLICATION FOR REVOCATION OF A PATENT OR EXCLUSIVE MARKETING RlGHT
I See section 85(1); ro]e 47 aDd 96, and also s~ction 85(1) as lIlodified by section 24C.)
l/We 1. Name, address and nationalIty of the
applicant(s).
2. Stale 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 documenls are to be enclosed in duplicate.
4. Complete address including postal index numbet'i code and state along with telephone and facsimile nwnber(s).
5. To be signed by the applicant(s) or by his authorised registered patent agent.
I ........................................................................
hereby apply for revQcation of Patent NoJ ExcluslV(
Marketing Right No. .............................datec
granted t<
...................... For wruch the patentee/applicant for paten
IS ...................................................................
for the following reason, namely:
2..........................................................................
The details of documentary evidence in support of my/ow
interest a.nd the reasons stated above are gwen below :
3...................
(a) ....................................................... .
(b) .......................................................... .
(c) ......................................................... ..
J/We declare that the facts and matters stated herein are true tc
the best 0 f my/our knowledge, infonnation 8tJd bellcf.
My/Our address for service in India is
4••••••••••••• , .......................................................................
••• ••••••••• ...... ..... ....... ............. of .................. f •••• 0 ••••••••• t." •••
Dated this ................... day of .................................. 20
6. Name of the natural person wbo bas signed..
Signature. s..... .
(-----.--------------) .. 6......
To The Controller ofPatents. The Patent Office, At ..................................................... .
-------------_._---------------------------------------------------------------------------------- Note: (a) For fee : see First Schedule.
(b) Strike out whichever is not applicable
---------------------------------------------------------------------------------------------------
Page 69
FORM 21
THE PATENTS ACT, 1970 (39 of 1970)
APPLICATION FOR REVISION OF TERMS AND CONDITIONS OF LICENCE
[ Sec section 88(4); rules 51 and 100 and also section 88(4) as modified by section 24C. )
1. Name, address and natlOnahty of the appl1cant(s).
2. To be signed by the aplllica.nt(s) or by }us authonsed registered patent agent
3. Name of the natural person who has SIgned.
JJWe
L .................................................................. ..
, .... t ........................... , ............ ~ I ............................ ,. ............. ~ ........................... ,. .. , .... ..
............. ...... ................................... ................................................................ ..
hereby declare :
(i) that Patent No........................................... dated .... '" ..........was grant to ........................................ .. for which the patentee IS ...................................... . .. .. .... .. .. .. .. • .. .. .. .. ... .. .. .. .. .. .. .. • .. • .. .. .. • .. .. .. .. .. .. .. .. .. .. "" ....................... I ......................... ~ " .... .
OR that Patent applIcation No...........................dated .................was filed by .............................. .. ........
on whIch ExclusIve Markebng RIghts No...................... dated .... _...................was granted.
(11) that JlWe am/are holdmg lIcence under the patent or ExclusIve Marketmg RIghts, granted by the Controller by an order dated.....................
(111) that the terms and cond1bons settled by the Controller have proved to be more onerous than ongmaJIy expected and we are unable to work the mvennon.
( IV) that the ClI'Cumstances m wlnch tlus apphcatJon IS made are set forth m the accompanymg statement In duplicate.
1/ We request the Controller to reVISe the t.enns and
conditions of the licence.
Dated this ................... day of .................................. 20
Signature. 2 ......
(-------------------------) .. 3......
To The Controller ofPatents. The Patent Office, At .................................................... ..
._---------------------------------------------------------------------.---------------------------
Note : (a) For fee: see Frrst Schedule. (b) Stnke out whIchever is not applicable.
----------------------------------------------------------------------------~---------------------.
Page 70
FORM 22
THE PATENTS ACT, 1970 (39 of 1970)
REQUEST FOR TERMINATION OF COMPULSORY LICENCE
[ See sectum 94; rule 102(1) and also section 94 as modified by section 24C ]
1. Name, address and natlonahty of the apphcant(s).
2. Cerbfied copies of the documents are to be enclosed m duphcate.
3. Complete address mcludmg postal code and state a10ng With telephone and facsmule number(s).
4. To be sIgned by the apphcant(s) or by lus authonsed regJ.stc:red patent agent.
J/We' ................................................................
hereby apply for the temunanon of the compulsory hce:nce granted to ..............................................by the order of the Controller dated.............. ..........under patent NoIE.M.R No................... ~ ................. dated.......................... granted to.............................. . .............................., ........................for wluch the patentee/applicant for patent IS
IIwe declare that 1amIWe are the patentee for the above me.ntloned patentIEMR holder on the apphcatton for patent No.......................
I1we declare that J/we denve lltle/mterest m the patentlEMR.
J/we make the above mennoned request for. termmatlon on the followmg grounds, namely:
...........................,...............··f..... ······ .... ~ ..... I ••• •• •••• , ...... . IIwe declare 'that the facts and matters stated herem are true to the best ofmy/our knowledge, mformatl(m and beber. The detads of documentary evJ.<knce m support afmy/our mterest and the grounds .stated aoow are gwen below: ~ (a) ................................................................ (be) •• t.· ..... 'I •• ' ................. , ........................................ . (c) ....................... ,•...... , ........................ ,•..•.•......•......
My/our address for seIV1ce 'In Indla 15 • 3 4' ................. ~ •• , ......... f •••••••• , ................................
........................... ~ ................................................... , ... ••••• t ••• , •• , ................. " •••••• , •• , ................. t ...........( _II I. II'
5. Name ofthe natural perscm who has slgned.
Page 71
Dated thts ................... day of .... . .... .. ... ................... 20
Slgnature 4
To The Controller ofPatents, The Patent Office, At .............. ,..... ,................................... '1 ... ..
Note. (a) For fee. see Fust Schedule. (b) StrIke out wmchever IS not applicable
FORM 23
THE PATENTS ACT, 1970 (39 of 1970)
APPLICATION FOR REGISTRATION OF PATENT AGENT
Cernficate testrfymg to the character of the appl1cant should be from a person not related to hIm' and being a Gazetted Officer or any other Person whom the Controller thinks fit.
[See ruks l09llftd 111}
I beg to apply for IegtStratton as a patent agent under the Patents Act. 1970 A cerb.ficate ofcharacter I From.........................
...................... '," 18 enclosed hereWIth.
I hereby declare that I am not subject to any of the dts-quahfications specified m rule 114 ofthe Patents Rules 1972 and that the informanon gtven below lS 1r\l.e to the best ofmy knowledge and behef.
Page 72
1. Name;2 .............................................. .
....................................................... o. ............................... I
2. Family or principal name in the 2. Addresslplace of residence: ...................... . beginning.
3. Either ongmal certificates and other documents or copies thereof duly attested by the Gazetted Officer or any other person Whom the Controller thmks fit mllst be sent Wlth the applIcation.
4. To be sIgned by the apphcant. 5. Name or the natural person who
bas 8igned.
..- .. - .... ~ ••• , ................................................ 'O ••
••••• •••• 'o. I. I ••••••••• , , •••••• , ........................... .
3. Principal place ofbusmess: ..................... .
........ .................................. ......................................... ............ ....
........ ............... ................................................... "................. .
4. Address ofthe branch office ifany:
............. ,. ............................................ •.................... M._ .. •••
.. ...... -................................................................................ 5. Father's JU1Ille: •• , ......................... , ..........
............ ................................ ................. -................. "............ . 6. Nationahty: .........................................
7. Date and1'tace ofbn1:h: .............................
• 1 .... I ...................................... I ........................ , ....... "'" •••
8. OccupatIon: ......................................... .
9. Partlculars ofqualification for regIstratIon as patent agent.3
(a) ..................................................... .
(b) ......... , .......................................... ..
(c) ....... , ........................... , ................. .
Dated this ............ day of ................... .120 ..... ..
4SIgnature ......................... ..(_______________~_____._ )5
To The Controller ofPatents The Patent Office at .......................
Note: For fee: see Fl!st Schedule
Page 73
FORM 24
THE PATENTS ACT, 1970 (39 of 1970)
APPLICATION FOR THE RESTORATION OF THE NAME IN THE
REGISTER OF PATENT AGENTS
{See section 130 (2); rule 117J
I, ............................................................ ,...... hereby apply for the restoratlon of my name to the
register of patent agent which was removed on
................ Wlder section 130 of the Act. My name
was originally entered in the regIster on
..................... ,.........under No ................ ..
Dated this ....................... day of ...........................20 ..... ..
1. To be signed by the applicant.
2. Name of the natural person who has signed.
SignatureI ............................ .
(__________________________________ ) 2
The Controller ofPatents The Patent Office at .......................
Note: For fee: see First Schedule.
Page 74
FORM 25
THE PATENTS ACT, 1970 (39 of 1970)
APPLICATION FOR REVIEW/SETTING ASIDE
CONTROLLER'S DECISIONJORDER. [See sections 77(1){f) ad 77(l)(g) alUi rilles 130(1) ad130(2)}
1. State the number of patent or patent application number and the relevant proceeding.
fu the matter or ...................................... .. ••• 4 .............................................. , •• " .................. .
.,.~ ....................... , .... ,................................
2. Name, address and nationality of IIWe...................................................... the applicant(s).
.. t ........................................................................................................
............... , .......................................... I, .•.•••
.............................. " ........................ '.'"'''' ............... It· .... •• ........ .
being the applicant(s)/opponentlparty 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 submitted in duplicate. '
Dated 'this ......................................... day of <II .......... 1''' I ....................20 ............ ".... "
3. To be signed by the applicant(s) or his authorised registered patent agent.
4. Name of the natural person who has signed.
S' jl,gt'lature ........... ".. "........ f .. III ................ ..
(------------ To The Controller ofPatents The Patent Office at ...... ,. .....................
---t
Note: For fee: See First Schedule.
Page 75
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
1. Insert name, address and nationality.
2. Insert the name, address and nationality of the person{s) to be authorized.
3. State the particular matter or proceeding for which the authorisation is made.
{See sections 127 and 132,' rule 135J
I1We l ...............................................................
herebyauthorise2 ....................................... ..
to act on my/our behalf in connection with3
and request that all notices, requisitions and conununication relating thereto may be sent to such person at the above address unless otherwise specified.
J/We hereby revoke all previous authorisation, if any made, in respect of same matter or proceeding.
J/We hereby assent to the action already taken by the said person in the above-matter.
Dated this ......................... day of .................... .. .120 ............
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.
SignatlU'e4 .......................... .
(______________________________)5
To The Controller ofPatents The Patent Office at ..................... ..
To be stamped under the Indian Stamp Act, 1899 (2 of 1899).
Page 76
FORM 27
THE PATENTS ACT, 1970 (39 of 1970)
ApPLICATION FOR GRANT OF EXCLUSIVE MARKETING RIGHTS UNDER SECTION 24B
(To be made in triplicate)
1. Repeat the colunms (a) to (c) if there are more than one appl1cant.
2. Insert the name in fun. 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 andlor country.
4. Insert the nationality.
5. Insert title of the invention.
6. Insert application nwnber of the invention.
7. Insert official date of application made in India.
8. Insert patent numberlnumbers of convention country/countries in
[See section 24A and rule 40]
(9)2 ........................ " •.•• ,.t ................. , ............ , ..... ..
(b).l .......................................................... ..
(c)" .......................................................... ..
(ai .......................................................... ..
(b)3 .......................................................... ..
(C)4 ........................................................... .
(01)2 .......................................................... ..
(hi .......................................................... .. (C)4 ......................................................... :..
2. ha:eey declare
(a) that I arolwe are in possession of an invention tided s
(b) that an application for protection of an invention has
been made in India on the following official date W1th
application number, namely:
NO.6 .............. ~ ............................. I ..... '.' ••• 't ...... .
On 7 ....................................................... .
(0) that JJWe had made an application(s) for the protection
for an identical invention/inventions in the convention
country/countries and patent/patents haslhave been
granted for same invention/inventions, and patent
number/numbers with official date/dates are as follows:
In. 10 ......... " ............................................ ..
No. 8 ........................................................ .
which patent(s) haslhave been granted.
9. Insert the officlal date ofpatent(s) granted.
10. Insert name of the convention COWltry/countries.
11. Insert official date/dates of marketing approval on the basis of appropriate tests.
12. Name and address of the competent authority.
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 Government of India.
16. Original or certified copies of all the documents should be furnished.
Page 77
Dated9 .......................................................
OR
(d) that IfWe had made an application for protet:tion 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 39 vide-
No." ........................................................ .
Dated? ..................................................... ..
(e) that lIWe have been granted marketing approval for the
product of the invention in convention country!
countries on the basis of appropriate tests conducted on
or after 01.01.1995.
In. 10 ........................................................ ..
On II ....................................................... ..
By. 12 ...................................................... ..
(t) that I1We have obtained approv:>I f("lr rTUlrketing of the
said product from appropriate authority in Inlia
For II ....................................... .
No. 14 .......................................................
On 11 ...................................................... ..
By. 12 ...................................................... ..
(g) that IIwe 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 request -that I1we may be granted an exclusive
marketing right for the said product.
In support of my/our request I/we hereby furnish the
follo~ing documents: 16
(a) ................... , ...................................... ..
(b) ........................... ,.............................. ..
(c) ........................ ..
Page 78
17. To be signed by applicant(s) or by an authorized Patent Agent.
18. Name of the rultural person who has signed.
4. VWe request that all notices requisition and
~ommunications relating to this application may be sent to:
Dated this ................ day of .......................20 .......
S· tu 17IgnB re ......................-.......... (___________________________)1 &
To The Controller ofPatents The Patent Office at .......................
Note: (3) Strike out whIchever is not applicable. (b) For fee: see First Schedule.
FORM 28
THE PATENTS ACT, 1970 (39 of 1970)
FORM FCJR 1 HE GRANT OF EXCLUSIVE MARKETING RIGHTS
[See rule 46]
l", No........................................ ~ ..... t .... of ........................................................ 20 ................
Whereas .............................................. has declared that he/she is in possession of an
Invention for ............................ and fuat he/she is a true and first inventor thereof (Of the legal
representative or assignee of the true and first inventor) and that he/she has made an applicanon (No
................................. dated ..........................) for grant of patent thereof;
And whereas he/she has, by an application dated ........................... requested that an ex<!lusive
marketing nght to sell or distribute In India may be granted to him/her for his article or substance
Now, therefore the said applIcant is hereby granted, subject to the provisions of the law for the time
being enforce, the exclUSIVe right to sell or distn1lUte the said article/substance lD India by hlmselflherself, his
agents or luslher licensees. The excluslVe nght above said shall stand terminated at the end of five years from the date of grant of
exclusive marketing right, in India or on the date of rejectlon of application for the grant of patent, whichever is
earlier.
In witnes5 thereof, the Controller has caused this exclusive marketing rights to sell or
distnbute the above mentioned article/substance granted as of the ............. day of ...............20
Controller ofPatents
(Sean( �/p>
Page 79
FORM 29 THE PATENTS ACT, 1970
(39 of 1970) No Fee STATEMENT REGARDING THE WORKING OF THE PATENTED INVENTION ON
COMMERCIAL SCALE IN INDIA
1. Insert name, address and nationality.
2. State the year to which the statement relates
3. Give whatever details are available.
{See Section 146 (2) and rule 131(1))
In the matter of Patent No....................of.................... I/We1 ...............................................................
The patentee (s) or licensee (s) under Patent No............. ..
hereby furnish the following statement regarding the working
of the patented invention referred to above on a commerc:ial
scale in India for the ye~.................... ..
(i) The patented invention: { } Worked { } Not worked [Tick ( ~ )rnark the relevant box] if not worked: reasons for not working and steps being taken for working ofthe invention. 1fworked: qmmtum and value (in Rupees), of the patented product: manufactured in India imported from other countries. (give country wise details) (ii) the licences and sub-licences granted during the year; (iii) state whether public requirement has been met partly/adequately/to the fullest extent at reasonable price.
The facts and matters stated above are true to the best of my/our knowledge, information and belief.
Dated this ......................... day of ......................120 ............
4. To be- signed by person(s) giving the statement.
Signature4 .......................... .
To The Controller ofPatents The Patent Office at ..................... ..
Note: (a) Strike out whichever is not applicable.
Page 80
FORM 30
THE PATENTS ACT, 1970 (39 of 1970)
No Fee REQUEST FOR PERMISSION fOR MAKJNG PATENT APPLICATJON OUTSJDE INDIA [see sec1ion 39 and rule 71J
1. State the tittle of the invention.
2. Name and address of the person (s)
3. Name and address of the assignee
I arnIWe are in possession of an mvention forI ................. .
I/We have made an application for the grant of a patent for the said invention. its number being No..............of ...........Dated........... .
OR IIwe hereby attach the brief description of the invention.
I/We intend to make application (s) alone/jomtly with 2
for the same/substantially same invention for patent in the following country/countries/convention countries, namely:-
IIWe declare that the rights in the application (5) bas/have been assigned to 3._________________
IIWe request that 1IWe may be granted permisSlon to make application (s) for the said invention in the said country/countries. The reasons for making this apphcabon, are as follows:-
The facts and matters stated above are true to the best of my/our lmowledge, infonnation and belief.
Dated this .......................... day of .......................120 ........... .
4. To be signed by the applicant (s) or authorised patent agent.
Signature4.......................... .
To The Controiler ofPatents The Patent Office at .......................
Note: (a) Strike out whichever is not applicable.
THE THIRD SCHEDULE FORM OF PATENT
{See rule 74] GOVERNMENT OF INDIA
THE PATENT OFFICE No...............................of ..........................20 .................
Page 81
Whereas .................................has declared that he is in possession of an invention for .......... .. ..... ...... ... ....... and that he is the .................................... true and first inventor thereof (or the legal representative or assignee of the true and the first inventor) and that be is enlltled to a patent for the said invention, having regard to the provisions of the Patents Act. 1970, as amended and that there IS DO objectIon to the grant ofa patent to him;
And whereas he has, by an application, requested that a patent may be granted to him for the sald inventi~
And whereas he has by and in hIS complete speclfication particularly described the said invention and the manner in which the same 1S to be performed;
Now, these presents that the above-said applicant (including his legal representatives and assignees or any of them) shan, subject to the provisions ofthe Patents Act, 1970, as amended 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 right to prevent third parties from making, using, offering for sale, seIling or importing patented product in Jndia/using the process in India and offering for sale, selling or importing for those purposes the product obtained directly by that process in India, for a term oftwenty years from the .....................day of .................20 ................and of authorizing any other person to do so, subject to the conditions that the validity of this patent is not guaranteed and that the fee prescnbed 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 ........................20.......................... ..
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 ........................20........... and on the same day in every year thereafter.
Page 82
THE FOURTH SCHEDULE
(See proviso to rule 136JlJl Numbt!rof Matter in respect ofwhich Amount omesJl.n Rupees)
entry
1 t.
2.
3.
4.
5.
6.
7.
8.
9.
cost is to be awarded
2..For notice ofopposltIon: (a) under sections 25,57,61,63, 78, 87(2) or 88(4); and (b) under sections 87(2), 88(4) as modified by section 24C.
For application for compulsory licence: (a) under sections 84(1), 91(1) or 92(1); and (b) wtder sections 84(1) and 92(1) as modified by section 24C.
For application for revision of tenns and conditimlS oflicence: (a) under section 88(4) and (b) wtder section 88(4) as' modified by section 24C
For notice of intention to attend the hearing under rule 62(2).
Stamp fee for power of attorney, where a patent agent or other person has been appointed or stamp fee in respect ofrelevant affidavits.
For written statement under rule 57 or Teply statement under rule 58 or for each affidavit, it relevant.
For each document or publication produced in the proceedings, if relevant.
For each wmecessary or irrelevant affidavit or citation.
For every day or part day of hearing before the Controller.
Note: Strike out whichever is not applicable.
For natural person(s)
3
1,500
10,000
1,500
25,000
1,500 10,000
1,500
The amount actually paid
2,500
1,000
1,000
2,500
For other thlln IlIliural person(s)
either Ilione ()T jointly with
natural person(s) 4
5,000
30,000
5,000
75,000
5,000 30,000
5,000
The amount actually paid
2,500
1,000
1,000
2,500
[No. 14/612002-Pf'&C] A. E. AHMAD, Jt. Secy.