The Patents Rules, 2003
Notes and Disclaimers:
1. The e-Version incorporates all the amendments in the Patents Act, 1970 and the Patent Rules, 2003
and is updated till 26-01-2013.
2. For details of every amendment, please refer to the relevant Gazette available on website
(http://www.ipindia.gov.in)
3. While every efforts has been made to ensure the correctness of the contents of e-version, any
deviation(s) noted may be brought to the notice of Sh B P Singh, Deputy Controller of Patents and
Designs, at "birendrap.singh@nic.in" for corrective measures. The contents of the Gazette(s) shall
prevail on e-Version in case of any deviations.
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CONTENTS
Sl No. Chapters Description
1. Chapter I Preliminary
2. Chapter II Application for Patents
3. Chapter III International Applications under Patent Cooperation Treaty (PCT)
4. Chapter IV Publication and Examination of Applications
5. Chapter V Exclusive Marketing Rights (Omitted)
6. Chapter VI Opposition Proceedings to Grant of Patents
7. Chapter VII Secrecy Directions
8. Chapter VIII Grant of Patents
9. Chapter IX Amendment of Application, Specification or any Document Relating
Thereto
10. Chapter X Restoration of Patents
11. Chapter XI Surrender of Patents
12. Chapter XII Register of Patents
13. Chapter XIII Compulsory Licence and Revocation of Patent
14. Chapter XIV Scientific Advisers
15. Chapter XV Patent Agents
16. Chapter XVI Miscellaneous
Schedules
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THE PATENTS RULES, 2003
S.O.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 Government of India in
Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide
Number S.O. 1018(E) dated the 20th 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 a period of thirty days
from the date on which copies of the Gazette containing the Notification were made available
to the public;
AND WHEREAS the copies of the Gazette containing the said Notification were made
available to the public on 3rd 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 of
India, vide S.O. 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) Act, 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 specified in rule 4;
(c) "article" includes any substance or material, and any plant, machinery or apparatus, whether affixed to land or not;
(d) "Form" means a Form specified in the Second Schedule; (e) "Schedule" means Schedule to these rules; (f) "section" means a section of the Act;
(g) Words and expressions used, but not defined in these rules, shall have the meanings respectively assigned to them in the Act.
3. Prescribed particulars.—Save as otherwise provided in these rules, the particulars contained in a Form are hereby prescribed as the particulars, if any, required under the relevant provision or provisions of the Act.
4. Appropriate office.—(1) The appropriate office of the patent office shall—
(i) for all the proceedings under the Act, be the head office of the patent office of the branch office, as. the case may be, within whose territorial limits— '-
(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
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by such applicant or party is situated; and
(ii) [Omitted by Patents (Amendment) Rules,, 2006]
(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 all purposes connected with Such proceedings or patent as the address of the person concerned in the proceedings or of the patentee. Unless such an address is given, the Controller shall be under no obligation either to proceed or deal with any proceeding, or patent or to send any notice that may be required to be given under the Act or these rules and the Controller may take suo motu decision in the matter.
6. Leaving and serving documents.—(1) Any application, notice or other document authorised or required to be filed, left, made or given at the patent office, or to the Controller or to any other person under the Act or these rules, may be 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 courier service or by electronic transmission duly authenticated, it shall be deemed to have been filed, left, made or given at the time when the mail containing the same would 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 mail was properly addressed and transmitted:
(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) All notices and all written communications addressed to a patentee, or to any applicant or opponent in any proceedings under the Act or these rules, and all documents forwarded to the patentee or to the said applicant or opponent, shall, except when they are sent by special messenger, be sent by registered post or speed post or courier service or 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 shall be the date of dispatch of the said notice or written communication, by registered post or speed post or courier or fax or electronic transmission duly authenticated, as the case
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may be, unless otherwise specified under the Act or these rules.
(5) In case of delay in receipt of a document or a communication sent by the patent office to a party to any proceedings under the Act or these rules, the delay in transmitting or resubmitting a document to the patent office or doing any act by the party may be condoned by the Controller if a petition for such condonation of delay is made by the party to the Controller immediately after the receipt of the document or a communication along with a statement 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 received the document or communication by ordinary course of mail or electronic transmission and the actual date of receipt of the same.
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 through electronic means 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. If the draft or cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or cheque would have reached the Controller 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 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.
(3) In case an application 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 a natural person and the fee(s) chargeable from the person other than the natural person in the same matter shall be paid by the new applicant with the request for transfer.
(4) Fees once paid in respect of any proceeding shall not ordinarily 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:
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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, if any, shall be refunded.
8. Forms.—(1) The Forms set forth in the Second Schedule with such variations as the circumstances of each case may require shall be used for the purposes mentioned therein.
(2) Where no Form is so specified for any purpose, the applicant may adopt any Form specified in the Second Schedule with such modifications and variations as 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 written or typewritten or printed either in Hindi or in English language (unless otherwise directed or allowed by the Controller) in large and legible characters with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size A4 of approximately 29.7 centimetres by 21 centimetres with a margin of at least 4 centimetres on the top and left hand part and 3cm on the bottom and right hand part thereof. Any signature which is not legible or which is written in a script other than Hindi of English shall be accompanied by a transcription of the name either in Hindi or in English in block letters:
Provided that any document including drawing, if any, may also be filed in electronic form 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 Controller.
(3) Names and addresses of applicants and other persons shall be given in full together with their nationality and such other particulars, if any, as are necessary for identification.
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CHAPTER II
APPLICATION FOR PATENTS
10. Period within which proof of the right under section 7(2) to make the application shall be furnished.— Where, in an application for a patent made by virtue of an assignment of the right to apply for the patent for the invention, if the proof of the right to make the application is not furnished with the application, the applicant shall within a period of six months after the filing of such application furnish such proof.
Explanation.—For the purposes of this rule, the six 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.
11. 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 foreign applications.—(1) The statement and undertaking required to be filed by an applicant for a patent under sub-section (1) of section 8 shall be made in Form 3.
(1A).The period within which the applicant shall file the statement and undertaking under sub-section (1) of section 8 shall be six months from the date of filing the application.
Explanation.—For the purpose of this rule, the period of six months 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.
(2) The time within which the applicant for a patent shall keep the Controller informed of the details in respect of other applications filed in any country in the undertaking to be given by him under clause (b) of sub-section (1) of section 8 shall be six months from the date of such filing.
(3) When so required by the Controller under 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 within six months from the date of such communication by
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the Controller.
13. Specifications.—(1) Every specification, whether provisional or complete, shall be made in Form 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, and a definite statement that the invention comprises an improvement in, or a modification of, the invention claimed in the specification of the main patent granted or applied for.
(4) Where the invention requires explanation through drawings, such drawings shall be prepared in accordance with the provisions of rule 15 and shall be supplied with, and referred to in detail, in the specification:
Provided that in the case of a complete specification, if the applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for the complete specification, it shall be sufficient to refer to them in the complete specification as those left with the provisional specification.
(5) Irrelevant or other matter, not necessary, in the opinion of the Controller, for elucidation of the invention, shall be excluded from the title, description, claims and drawings.
(6) Except in the case of an application (other than a convention application or an application filed under the Patent Cooperation Treaty designating India) which is accompanied by a complete specification, a declaration as to the inventorship of the invention shall be filed in Form 5 with the complete specification or at any time before the expiration of one month from the date of filing of the complete specification, as the Controller may allow on an application made in Form 4.
Explanation.—For the purposes of this rule, the date of filing of the complete specification with respect to 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.
(7) (a) The abstract as specified under clause (d) of sub-section (4) of section 10, accompanying the specification shall commence with the title of the invention. The title of the invention shall disclose the specific features of the invention normally 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 field to which the invention belongs, technical problem to which the invention relates and the solution to the problem through the invention and principal use or uses of the invention.
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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 purposes 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.
(8) The period within which reference to the deposit shall be made in the specification under sub-clause (A) of clause (ii) of sub-section (4) of section 10 shall be three months from the date of filing of the application.
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, and amendment is duly made thereon, the page incorporating such amendment shall be retyped and submitted to form a continuous document. Amendments shall not be made by slips pasted ort, or as footnotes or by writing in the margin of any of the said documents.
(2) The amended documents shall be returned to the Controller together with the superseded pages or drawings, if any, duly marked, cancelled and initiated 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.
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 copy 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 4 cm 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) Drawings shall be sequentially or systematically numbered and shall bear—
(i) in the left hand top corner, the name of the applicant;
(ii) in the right hand top corner, the number of the sheets of drawings, and the consecutive number of each sheet; and
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(iii) in the right hand bottom corner, the signature of the applicant or his agent.
(7) No descriptive matter shall appear on the drawings except in the flow diagrams.
16. Models.—(1) Models or samples shall be furnished under section 10 only when required by the Controller.
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CHAPTER III
INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY (PCT)
17. Definitions.—In this Chapter, unless the context otherwise requires,— (a) "Article" means an Article of the Treaty; (b) "Treaty" or "PCT" 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 international 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 with appropriate office as receiving office.—(1) An international application shall be filed with the appropriate office in triplicate either in English or in Hindi language.
(2) The fees payable in respect of an international application 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 has not been filed as specified under sub-rule (1) and the applicant desires that the appropriate office should
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prepare the additional copies required, the fee for making such copies shall be paid by the applicant.
(4) On receipt of a request from the applicant and on payment of the prescribed fee by him, the 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 head 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(1A) may be made in Form 1.
(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-rule (4) (i).
(3) An applicant in respect of an international application designating India shall, before the time limit prescribed in sub-rule (4)(i),—
(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 or the person duly authorised by him that the contents thereof are correct and complete.
(4) (i) The time limit referred to in sub-rule (2) shall be thirty one months from the priority date as referred to in Article 2(xi);
(ii) Notwithstanding anything contained in clause (i), the Patent Office may, on the express request filed in Form 18 along with the fee specified in First Schedule, process or examine the application at any time before thirty one months.
(5) The translation of the international application referred to in sub-rule (3) shall include a translation in English of,—
(i) the description; (ii) the claims as filed; (iii) any text matter of the drawings; (iv) the abstract; and
(v) in case the applicant has not elected India and if the claims have been amended under Article 19, then the amended claims together with any statement filed under the said Article;
(vi) in case the applicant 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.
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(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 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 office.
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) of rule 17.1 of the regulations under the Treaty, the applicant shall file with the patent office the priority document referred to in that rule before the expiration of the time limit referred to in sub-rule (4) of rule 20.
(2) Where priority document referred to in sub-rule (1) is not in the English language, an English translation thereof duly verified by the applicant or the person duly authorised by him 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 snail 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 the applicant for the priority shall be disregarded for the purposes of the Act.
22. Effect of non-compliance with certain requirements.—An international application designating India shall be deemed to be withdrawn if the applicant does not comply with the requirements of rule 20.
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 Treat}' and the regulations and administrative instructions made thereunder shall apply in relation to international applications.
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CHAPTER IV
PUBLICATION AND EXAMINATION OF APPLICATIONS
24. Publication of application.—The period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11A shall be eighteen months from the date of f i l ing of application or the dale of priority of the application, whichever is earlier
Provided that the period within which the Controller shall publish the application in the journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of request for publication under rule 24A.
24A. Request for publication.—A request for publication under sub-section (2) of section 11 A shall be made in Form 9.
24B. Examination of application.—( 1 ) ( i ) A request for examination under section 11 13 shall be made in Form 18 within forty-eight months from the date of priority of the application or from the date of f i l ing of the application, whichever is earlier;
(ii) The period within which the request for examination under sub-section (3) of section 11B to be made shall be forty-eight months from the date of priority if applicable, or forty-eight months from the date of filing of the application;
(iii) The request for examination under sub-section (4) of section 11B shall be made within forty-eight months from the date of priority or from the date of filing of the application, or within six months from the date of revocation of the secrecy direction, whichever is later;
(iv) The request for examination of application as filed according to the 'Explanation' under sub-section (3) of section 16 shall be made within forty-eight months from the date of filing of the application or from the date of priority of the first mentioned application or within six months from the date of filing of the further application, whichever is later;
(v) The period for making request for examination under section 11B, of the applications filed before the 1st day of January, 2005 shall be the period specified under the section 11B before the' commencement of the Patents (Amendment) Act, 2005 or the period specified under these rules, whichever expires later.
(2)(i) The period within which the Controller shall refer the application and specification and other documents to the examiner in respect of the applications where the request for
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examination has been received shall ordinarily be one month from the date its publication or one month from the date of the request for examination whichever is later:
Provided that such reference shall be made in order in which the request is filed under sub-rule (1).
(ii) The period within which the examiner shall make the report under sub-section (2) of section 12, shall ordinarily be one month but not exceeding three months from the date of reference of the application to him by the Controller;
(iii) the period within which the Controller shall dispose off the report of the examiner shall ordinarily be one month from the date of the receipt of the such report by the Controller.
(3) A first examination report along with the application and specification shall be sent to the applicant or his authorised agent ordinarily within six months from the date of the request for examination or six months from date of publication whichever is later. In case other interested person files the request, for examination, an intimation of such examination may be sent to such interested person.
(4) The time for putting an application in order for grant under section 21 shall be twelve months from the date on which the first statement of objection 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 11A shall be identified by the letter 'A' along with the number of application.
26. Request for withdrawal.—A request for withdrawing the application under sub-section (4) of section 11B shall be made in writing.
27. Inspection and supply of published documents.—After the date of publication of the application under section 11A, 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 in that behalf and copies thereof may be obtained on payment of fees specified in the First Schedule.
28. Procedure in case of anticipation by prior publication.—(1) If the Controller is satisfied after investigation under section 13 that the invention so far as claimed in any claim of the complete specification has been published in any specification or other document referred to in clause (a) of sub-section (1) or subsection (2) of the said section, the Controller shall communicate the gist of specific objections and the basis thereof to the applicant and the applicant shall be afforded an opportunity to amend his specification.
(2) If the applicant contests any of the objections communicated to him by the Controller under
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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 if he so requests:
Provided that such request shall be made on a date earlier than ten days of the final date of the period preferred to 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 of the 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.
(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 permit such amendment of the specification as he thinks fit to be made and may refuse to grant the patent unless the amendment so specified or permitted is made within such period as may be fixed.
28A. Procedure in relation to consideration of report of examiner under section 14.—In case the applicant contests any of the objections communicated to him, the procedure specified under rule 28 may apply.
29. Procedure in case of anticipation by prior claiming.—(1) When it is found that the invention so far as claimed in any claim of the complete specification, is claimed in any claim of any other specification falling within clause (b) of sub-section (1) of section 13, the applicant shall be so informed and shall be afforded an opportunity to amend his specification.
(2) If the applicant's specification is otherwise in order for grant and an objection under clause (b) of sub-section (1) of section 13 is outstanding, the Controller may postpone the grant of patent and allow a period of two months for removing the objection.
30. Amendment of the complete specification in case of anticipation.—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-rule (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 the Controller whether
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he will attend the hearing.
(2) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Controller may specify or permit such amendment of the specification as will be to his satisfaction to be made and may direct that reference to such other specification, as he shall mention shall be inserted in the applicant's specification unless the amendment is made or agreed to within such period as he may fix.
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 form, namely:
"Reference has been directed, in pursuance of section 18(2) of the Patents Act, 1970, to the specification filed in pursuance of application No……………"
32. Procedure in case of potential infringement.—If in consequence of an investigation made under section 13, it appears to the Controller that the applicant's invention cannot be performed without substantial risk of infringement of a claim of another patent, the applicant shall be so informed and the procedure provided in 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 applicant's complete specification under sub- section (1) of section 19, such reference shall be inserted, after the claims in the following form, namely:
"Reference has been directed, in pursuance of section 19(1) of the Patents Act, 1970, to Patent No………… "
34. Manner in which a claim under section 20(1) shall be made.—(1) 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 for 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 Form 6.
(2) The request shall be accompanied by proof of death of the joint applicant and a certified copy of the probate of the will of the deceased or letters of administration in respect of his estate or any other document to prove that the person who gives the consent is the legal
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representative of the deceased applicant.
36. Manner of application under section 20(5).—(1) An application under sub-section (5) of section 20 shall be made in Form 6 in duplicate and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.
(2) A copy of the application and statement shall be sent by the Controller to every other joint applicant.
37. Numbering of applications on the grant of patent.—On the grant of a patent, 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 so granted.
38. [Omitted by Patents (Amendment) Rules, 2005]
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CHAPTER V (Omitted)
EXCLUSIVE MARKETING RIGHTS
Rules 39 to 54 [Omitted by Patents (Amendment) Rules, 2005]
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CHAPTER VI
OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
55. Opposition to the patent.—(1) Representation for opposition under sub-section (1) of section 25 shall be filed at the appropriate office and shall include a statement and evidence, if any, in support of the representation and a request for hearing if so desired.
(1A) Notwithstanding anything contained in sub-rule (1), no patent shall be granted before the expiry of a period of six months from the date of publication of the application under section 11 A.
(2) The Controller shall consider such representation only when a request for examination of the application has been filed.
(3) On consideration of the representation if the Controller is of the opinion that application for patent shall be refused or the complete specification requires amendment, he shall give a notice to the applicant to that effect along with a copy of such representation.
(4) On receiving the notice under sub-rule (3), the applicant shall, if he so desires, file his statement and evidence, if any in support of his application within three months from the date of the notice.
(5) On consideration of the statement and evidence filed by the applicant, the Controller may either refuse to grant a patent on the application or require the complete specification to be amended to his satisfaction before the patent is granted.
(6) After considering the representation and submission made during the hearing if so requested, the Controller shall proceed further simultaneously either rejecting the representation and granting the patent or accepting the representation and refusing the grant of patent on that application, ordinarily within one month from the completion of above proceedings.
55A. Filing of notice of opposition.—The notice of opposition to be given under sub-section (2) of section 25 shall be made in Form 7 and sent to the Controller in duplicate at the appropriate office.
56. Constitution of Opposition Board and its proceeding.—(1) On receipt of notice of opposition under rule 55A, the Controller shall, by order, constitute an Opposition Board consisting of three members and nominate one of the members as the Chairman of the Board.
(2) An examiner appointed under sub-section (2) of section 73 shall be eligible to be a member of the Opposition Board.
(3) The examiner, who has dealt with the application for patent during the proceeding for grant of patent thereon shall not be eligible as member of Opposition Board as specified in sub- rule (2) for that application.
(4) The Opposition Board shall conduct the examination of the notice of opposition along with documents filed under rules 57 to 60 referred to under sub-section (3) of section 25, submit
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a report with reasons on each ground taken in the notice of opposition with its joint recommendation within three months from the date on which the documents were forwarded to them.
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 and shall deliver to the patentee a copy of the statement and the evidence, if any.
58. Filing of reply statement and evidence.—(1) If the patentee 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 arid evidence, if any, in support or 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 mm under rule 5/ and deliver to the opponent a copy thereof.
(2) If the patentee does not desire to contest or leave his reply and evidence within the period as specified in sub-rule (1), the patent shall be deemed to have been revoked.
59. Filing of reply evidence by opponent.—The opponent may, within one month from the date of delivery to him of a copy or the patentee's reply statement and evidence under rule 58, leave at the appropriate office evidence in reply strictly confined to matters in the patentee's evidence and shall deliver to the patentee a copy of such evidence.
60. Further evidence to be left with the leave of the Controller.—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 shall be furnished along with such notice, statement or evidence, as the case may be.
62. Hearing.—(1) On the completion of the presentation of evidence, if any, and on receiving the recommendation of Opposition Board or at such other time as the Controller may think fit, he shall fix a date and time for the hearing of the opposition and shall give the parties not less than ten days' notice of such hearing and may require members of
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Opposition Board to be present in the hearing.
(2) If either party to the proceeding desires to be heard, he shall inform 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 under 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' notice of his intention, together with details of such publication.
(5) After hearing the party or parties desirous of being heard, or if neither party desires to be heard, then without a hearing, and after taking into consideration the recommendation of Opposition Board, the Controller shall decide the opposition and notify his decision to the parties giving reasons therefor.
63. Determination of costs.—If the patentee notifies the Controller that he desires to withdraw the patent after notice of opposition is given, the Controller, depending on the merits of the case, may decide whether costs should be awarded to the opponent.
63A. Request made under section 26(1).—Request under section 26(1) shall be made on Form 12 within three months from the date of the order of the Controller and shall be accompanied by a statement setting out the facts upon which the petitioner relies and relief he claims.
64. & 65. [Omitted by Patents (Amendment) Rules, 2005]
66. Form of making a request under section 28(2).—A request under subsection (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 shall be made in Form 8, and shall be accompanied by a statement setting out the circumstances under which the claim is made.
(2) A copy of the claim 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 (7) of section 28 shall be made in Form 8 and shall be accompanied by a statement setting out the circumstances under which the application is made.
(2) A copy of the application and the statement shall be sent by the Controller to each patentee or the applicant for patent, as the case may be, and to any other person whom the Controller may consider to be interested.
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69. Procedure for the hearing of claim or an application under section 28.—The procedure specified in rules 55A 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 opposition proceedings subject to the modification that reference to patentee 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 form namely:—
"The inventor of this invention/substantial part of this invention within the meaning of section 28 of the Patents Act, 1970, is…… ................of…………. ".
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CHAPTER VII
SECRECY DIRECTIONS
71. Permission for making patent application outside India under section 39.—(1) The request for permission for making patent application outside India shall be made in Form 25.
(2) The time within which the Controller dispose of the request made under sub-rule (1), except in case of inventions relating to defence and atomic energy applications, shall ordinarily be within a period of twenty one days from the date of filing of such request.
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 of the notice by the Controller.
(2) Extension of time on revocation of secrecy directions under section 38.—The extension of time to be given for doing anything required or authorised to be done under section 38 shall not exceed the period for which directions given by the Central Government under sub-section (1) of section 35 were in force.
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CHAPTER VIII
GRANT OF PATENTS
73. [Omitted by Patents (Amendment) Rules, 2005]
74. Form of patent.—(1) A patent shall be in the form as specified in the Third Schedule with such modifications as the circumstances of each case may require and shall bear the number accorded to the application under rule 37.
(2) The patent certificate shall ordinarily be issued within seven days from the date of grant of patent under section 43.
74A. Inspection of documents related to grant of patent.—After the date of publication of a grant of a patent, the application together with the complete specification and provisional specification, if any, the drawing if any, abstract and other documents related thereto may be inspected at the appropriate office by making a written request to the Controller and on payment of fee and may obtain copies on payment of fee specified in the First Schedule.
75. Amendment of patent under section 44.—An application under section 44 for the amendment of a patent shall be made in Form 10 along with substantiating evidence and be accompanied by the patent.
76. Manner of applying for direction under section 51(1).—(1) An application for directions under sub-section (1) 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 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 55A 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
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proceeding.
79. Request under section 52(2).—(1) A request under sub-section (2) of section 52 shall be made in Form 12 within three months from the date of the order of the Appellate Board or court referred to in sub-section (1) of the said section and shall be accompanied by a statement setting out the facts upon which the petitioner relies and the relief he claims and a certified copy of the order of the Appellate Board or court.
(2) Where the Appellate Board or court has ordered the grant of patent to the applicant only for a part of the invention, the new patent granted shall be accorded a number in the same series of numbers accorded to the complete specifications accepted on the same 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 of any succeeding year and the same shall be remitted to the patent office before the expiration or the second or the succeeding year.
(1A) The period for payment of renewal fees so specified in sub-rule (1) may be extended to such period not being more than six months if the request for such extension of time is made in Form 4 with the fee specified in the First Schedule.
(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.
(4) The Controller shall, after making such enquiry as he may deem necessary, credit any renewal fee and issue a certificate that the fee has been paid.
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CHAPTER IX
AMENDMENT OF APPLICATION, SPECIFICATION OR ANY DOCUMENT RELATING THERETO
81. Amendment of application, specification or any document relating thereto.—(1) An application under section 57 for the amendment of an application for a patent or a complete specification or any document related thereto shall be made in Form 13.
(2) If the application for amendment under sub-rule (1) relates to an application for a patent which has not been granted, the Controller shall determine whether and subject to what conditions, if any, the amendment shall be allowed.
(3) (a) If the application for amendment under sub-rule (1) is made after grant of patent and the nature of the proposed amendment is substantive, the application shall be published.
(b) Any person interested in opposing the application for amendment shall give a notice of opposition in Form 14 within three months from the date of publication of the application.
(c) The procedure 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 opposition under section 57 as they apply to the hearing of an opposition proceeding.
82. Preparation of amended specifications, etc.—Where the Controller allows the application for a patent or the complete specification or any other document to be amended, the applicant shall, if the Controller so requires and within the time to be specified by him, leave at the appropriate office an amended application or the specification or the other document, as the case may be, in accordance with the provisions of these rules.
83. Publication of the amendment allowed.—The amendments allowed after a patent has been granted, shall be published.
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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 Form 15.
(2) Where the Controller is satisfied that a prima facie case for the restoration of any patent has not been made out, he shall intimate the applicant accordingly and unless the applicant makes a request to be heard in the matter within one month from the date of such intimation, the Controller shall refuse the application.
(3) Where applicant requests for a hearing within the time allowed and the Controller, after giving the applicant such a hearing, is prima facie satisfied that the failure to pay the renewal fees was unintentional, he shall publish the application.
85. Opposition to restoration under section 61.—(1) At any time, within two months from the date of publication of the application under sub-rule (3) of rule 84, any person interested may give notice of opposition thereto in Form 14.
(2) A copy of the notice of 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 statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 60 as they apply to the hearing in the opposition proceeding.
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 Schedule, within a month from the date of the order of the Controller allowing the application for restoration.
(2) The Controller shall publish his decision.
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CHAPTER XI
SURRENDER OF PATENTS
87. Surrender of Patents.—(1) The Controller shall publish the notice of an offer given under section 63.
(2) Any person interested may, within three months from the date of publication of the notice, give notice of opposition to the Controller in Form 14 in duplicate.
(3) The procedure 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 opposition under section 63 as they apply to the hearing in opposition proceeding.
(4) If the Controller accepts the patentee's offer to surrender the patent, he may direct the patentee to return the patent, and on receipt of such patent, the Controller shall by order revoke it and publish the revocation of the patent.
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CHAPTER XII
REGISTER OF PATENTS
88. Register of patents under section 67.—(1) Upon the grant of a patent, the Controller shall enter in the register of patents at each appropriate office, the name, address and 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 grant 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 Appellate Board or the courts in respect of every patent.
(3) Where the register of patents or any part thereof is in computer floppies, diskettes or any other electronic form 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. [Omitted by Patents (Amendment) Rules, 2005]
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 Form 16.
(2) An application for an entry in the register of patents of any other document purporting to affect the proprietorship of the patent by the person benefiting under the document shall be made in Form 16.
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, shall, unless the Controller otherwise directs, be presented to him together with the application which shall be accompanied by two copies of the assignment or other document certified to be true copies by the applicant or his agent and the Controller may call for such other proof of title or written consent as he may require.
92. Registration of title or interest in a patent.—After the receipt of an application under sub- section (1) or sub-section (2) of section 69, the Controller shall register the title of the person concerned or his interest in a patent, as the case may be, and an entry in the following form shall be made in the register, namely:—
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"In pursuance of an application received on the ……………. . Proprietor............................... Assignment................ registered as………… ............. licencee ..................... by virtue of ................ licence …… Mortgagee etc. ......……Mortgage deed etc…………....................... dated …………….and made between ................................. of the one part and ... of the other part."
93. Entry of renewal fee.—Upon receipt of the payment of the prescribed renewal fee in respect of a patent, the Controller shall enter in the register of patents the fact that the fee has been paid and the date of payment of such fee and issue a certificate of the 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 service as entered in the register of patents in respect of any patent granted to him. The Controller may require such proof of the alteration as he may think fit before acting on a request to alter the name or nationality.
(2) If the Controller allows a request made under sub-rule (1), he shall cause the entries in the register to be altered accordingly.
(3) If a patentee makes a request 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 form 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.
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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 or section 92 or section 92A shall be in Form 17, or Form 19, as the case may be. Except in the case of an application made by the Central Government, the application shall set out the nature of the applicant's interest and terms and conditions of the licence the applicant is willing to accept.
97. When a prima facie case is not made out.—(1) If, upon consideration of the evidence, the Controller is satisfied that a prima facie case has not been made out for the making of an order under any of the sections referred to in rule 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 allowed under sub-rule (1), the Controller shall, after giving the applicant an opportunity of being heard, determine whether the application may be proceeded with or whether it shall be refused.
98. Notice of opposition under section 87(2).—(1) A notice of opposition 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 publication of the application under sub-section (1) of the said section.
(2) The notice of opposition referred to in sub-rule (1) shall include the terms and conditions of the licence, if any, the opponent is prepared to grant to the applicant and shall be accompanied by evidence in support of the opposition.
(3) The opponent shall serve a copy of his notice of opposition and evidence on the applicant and notify the Controller when such service has been 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 than ten days' notice of such hearing.
(6) 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 in opposition proceedings.
99. Manner of publication of the revocation order.—The Controller shall publish the order made by him under sub-section (3) of section 85 revoking a patent.
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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 Form 20 and shall state the facts relied upon by the applicant and the relief he seeks and shall be accompanied by evidence in support of the application.
(2) If the Controller is satisfied that a prima facie case has not been made out for the revision of the terms and conditions of the licence, he may notify the applicant accordingly and unless within a month the applicant requests to be heard in the matter, the Controller may refuse the application.
(3) The Controller, after giving the applicant an opportunity of being heard, shall determine whether the application shall be proceeded with or whether the application shall be refused.
101. Procedure to be followed in case of applications under section 88(4).—(1) If the Controller allows the application to be proceeded with, he shall direct the applicant to serve copies of the application and of the evidence in support thereof upon the patentee or any other person appearing in the register to be interested in the patent or upon any other person on whom, in his opinion such copies should be so served.
(2) The applicant shall inform the Controller the date on which the service of copies of application and of the evidence on the patentee and other persons referred to in sub-rule (1) has been effected.
(3) The patentee or any other person on whom copies of the application and of the evidence have been served, may give to the Controller notice of opposition in Form 14 within one month from the date of such service. Such notice shall contain the grounds relied upon by the opponent and shall be accompanied by evidence in support of the opposition.
(4) The opponent shall serve copies of the notice of opposition and his evidence on the applicant and inform the Controller the date on which such service has been effected.
(5) No further evidence or statement shall be filed by either party except with special leave of or on requisition by the Controller.
(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 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 the procedure for hearing under this rule as they apply to the hearing in opposition proceedings.
(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 21 by the patentee or any other person deriving title or interest in the patent. The application
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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 of the 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 filed by either party except with special leave of or on requisition by the Controller.
(5) 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 days’ 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 in opposition proceedings.
(7) If the Controller decides to terminate the compulsory licence he shall forthwith issue an order giving terms and conditions, if any, of such termination and serve copies of the order to both the parties.
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CHAPTER XIV
SCIENTIFIC ADVISERS
103. Roll 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 shall contain the names, addresses, specimen signatures and photographs of scientific advisers, their designations, information 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, if he—
(i) holds a degree in science, engineering or technology or equivalent;
(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 in the roll of scientific advisers.—Any interested person may apply to the Controller for inclusion of his name in the roll of scientific advisers furnishing his bio-data.
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 Controller is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the qualifications specified in sub-rule (2) of rule 103 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 of any person from the roll 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 of misrepresentation or suppression of any material fact; or
(c) such person has been convicted of an offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity and the Controller is of the opinion that his name should be removed from the roll:
Provided that, before removing the name of any person from the roll of scientific
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advisers under this rule, such person shall be given a reasonable opportunity of being heard.
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CHAPTER XV
PATENT AGENTS
108. Particulars to be contained in the register of patent agents.—The register of patent agents maintained under section 125 shall contain the name, nationality, address of the principal place of business, addresses of branch offices, if any, the qualifications and the date of registration of every registered patent agent.
(2) Where the register of patent agents is in computer floppies, diskettes or any other electronic form, 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.
(3) (i) Copies of register of patent agents shall be maintained in each of the branch offices;
(ii) The register of patent agents shall also contain specimen signatures and photographs of the persons registered as patent agents.
109. Application for registration of patent agents.—(1) Every person who desires to be registered as a patent agent shall make an application in Form 22.
(2) The applicant shall furnish such other information as may be required by the Controller.
(3) A person desirous to appear in the qualifying examination under rule 110 shall make a request to the Controller along with the fee as specified in the First Schedule.
110. Particulars of the qualifying examination for patent agents.—(1) The qualifying examination referred to in clause (c) (ii) 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 100 Paper II—Drafting and interpretation of patent specifications and other documents 100 Viva Voce 50
(3) A candidate shall be required to secure a minimum of fifty marks in paper I and paper II and shall be declared to have passed the examination only, if he obtains an aggregate of sixty percent of the total marks.
111. Registration of patent agents.—After a candidate passes the qualifying examination specified in rule 110 and after obtaining any further information which the Controller considers necessary he shall, on receipt of the fee specified therefor in the First
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39
Schedule, enter the candidate's name in the register of patent agents and issue to him a certificate of registration as a patent agent.
111A. Issue of duplicate certificate of patent agents.—The Controller may issue a duplicate certificate of registration as patent agent on a request made by the person so registered as patent agent along with fee specified in the First Schedule and contain a statement setting out the circumstances in which the original certificate issued under rule 111 was lost, destroyed and cannot be produced.
112. Details to be included in an application for the registration of a patent agent.—An application by a person entitled to be registered as a patent agent under sub-section (2) of section 126 shall also be made in Form 22.
113. Registration of patent agents under section 126 (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 of patent agents.
114. Disqualifications for registration as a patent agent.—A person shall not be eligible to be registered as a patent agent, if he—
(i) has been adjudged by a competent court to be of unsound mind;
(ii) is an undischarged insolvent;
(iii) being a discharged insolvent, has not obtained from the 'court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;
(iv) has been convicted by a competent court, whether within or outside India of an offence to undergo a term of imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Central Government has, by order in this behalf, removed the disability;
(v) being a legal practitioner has been guilty of professional misconduct; or
(vi) being a chartered accountant, has been guilty of negligence or misconduct.
115. Payment of fees.—The continuance of a person's name in the register of patent agents shall be subject to the payment of the fees specified therefor in the First Schedule.
116. Removal of a name from the register of patent agents.—(1) The Controller may delete from the register of patent agents, the name of any patent agent—
(a) from whom a request has been received to that effect; or
(b) when he is dead; or
THE PATENTS RULES, 2003
40
(c) when the Controller has removed the name of a person under subsection (1) of section 130; or
(d) if he 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 published and shall be, where relevant forthwith 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 23 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 of a name to the register of patent agents shall be published and communicated to the person concerned.
118. Alteration of names, etc., in the register of 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 published.
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 giving 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.— The names and addresses of persons registered as patent agents shall from time to time be published.
THE PATENTS RULES, 2003
41
CHAPTER XVI
MISCELLANEOUS
121. Period within which copies of specification etc. are to be filed.—The period within which copies of specification or corresponding documents to be filed by the applicant under sub-section (1) of section 138 shall be three months from the date of communication by the Controller.
121A. Address of Communications.—All communications in relation to any proceeding under the Act or these rules shall be addressed to the Controller at the appropriate 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 advertisement 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 and the person making the request shall also serve copies of the request and the copies of the document showing the proposed corrections to such persons who, in the opinion of the Controller, may be interested.
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 give notice of opposition to the Controller in Form 14 in duplicate.
(2) Such notice of opposition shall be accompanied by a statement in duplicate setting out the nature of the opponent's interest, the facts on which he relies and the relief which he seeks.
(3) A copy of the notice and of the statement shall be sent by the Controller to the person making the request.
(4) The procedure specified in rules 58 to 63 relating to the filing of reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 78 as they apply in the hearing of the opposition proceeding.
THE PATENTS RULES, 2003
42
125. Notification of corrections.—The Controller shall notify the person making a request for the correction and the opponent, if any, of the corrections made in the relevant document.
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 shall be duly sworn to in the manner as prescribed in sub-rule (3).
(2) Affidavits shall be confined to such facts as the deponent is able, of his own knowledge, to prove except in interlocutory matters, where statements of belief of the deponent may be admitted, provided that the grounds thereof are given.
(3) Affidavits shall be sworn to as follows:—
(a) in India—before any court or person having by law authority to receive evidence, or before any officer empowered by such court as aforesaid to administer oaths or to take affidavits;
(b) in any country or place outside India—before a diplomatic or consular officer, within the meaning of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (41 of 1948) in such country or place or before a notary of the country or place, recognised by the Central Government under section 14 of the Notaries Act, 1952 (53 of 1952), or before a judge or magistrate of the country or place.
(4) Alterations and interlineations shall, before an affidavit is sworn to or affirmed be authenticated by the initials of the person before whom the affidavit is sworn to.
127. Exhibits.—Where there are exhibits to be filed in an opposition or any other proceedings, a copy or impression of each exhibit shall be supplied to the other party at his request and expense; if copies or impressions of the exhibits cannot conveniently be furnished, the originals shall be left with the Controller for inspection by the person interested by prior appointment. The exhibits in original if not already left with the Controller shall be produced at the hearing.
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 perform an act, file a document or produce evidence, for which provision has not been made in the Act or these rules, he may, by notice in writing, require such party to perform the act, file the document or produce the evidence specified in such notice.
(2) Where an applicant or 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
THE PATENTS RULES, 2003
43
information as the Controller may deem necessary within the time specified by him.
129. Exercise of discretionary power by the Controller.—Before exercising any discretionary power under the Act or these rules which is likely to affect an applicant for a patent or a party to a proceeding adversely, the Controller shall give such applicant or party, a hearing, after giving him or them, ten days notice of such hearing ordinarily.
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 made in Form 24 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 Form 4 allow and shall be accompanied by a statement setting forth the grounds on which the review is sought. Where the decision in question concerns any other person in addition to the applicant, the Controller shall forthwith transmit a copy of each of the application and the statement to the other person concerned.
(2) An application to the Controller for setting aside an order passed by him ex parte under clause (g) of sub-section (1) of section 77 shall be made in Form 24 within one month from the date of communication of such order to the applicant or within such further period not exceeding one month as the Controller may on a request made in Form 4 allow and shall be accompanied by a statement setting forth the grounds on which the application is based. Where the order concerns any other person in addition to the applicant, the Controller shall, 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 furnished by every patentee and every licensee under sub- section (2) of section 146 in Form 27 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 information received by him under subsection (1) or sub- section (2) of section 146.
132. Form of application for the issue of a duplicate patent.—An application for the issue of a duplicate patent under section 154 shall contain a statement setting out the circumstances in which the patent was lost or destroyed or cannot be produced together with the fee as specified therefor in the First Schedule.
THE PATENTS RULES, 2003
44
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 form 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 under section 153.—(1) A request for information 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;
(aa) as to when the information under section 8 has been filed. (b) as to when publication of application has been made under section 11A;
(c) as to when an application has been withdrawn under section 11B;
(d) as to when a request for examination has been made under section 11B; (e) as to when the examination report has been issued under section 12; (f) as to when an application for patent has been refused; (g) as to when a patent has been granted; (h) as to when a renewal fee has been paid; (i) as to when the term of a patent has expired or shall expire;
(j) as to when an entry has 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, publication in the Official Journal or otherwise, 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.
135. Agency.—(1) The authorisation of an agent for the purposes of the Act and these rules shall be in Form 26 or in the form of a power of attorney.
(2) Where any authorisation has been made under sub-rule (1), service upon the agent of any document relating to any proceeding or matter under the Act or these rules shall be deemed to be service upon the person so authorising him 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 sub-rule (1) and (2), the Controller may, if it is
THE PATENTS RULES, 2003
45
considered necessary, require the personal signature or presence of an applicant, opponent or party to such proceeding or matter.
136. Scale of costs.—(1) In all proceedings before the Controller, he may, subject to rule 63, award costs as he considers reasonable, having regard to all the circumstances of the case:
Provided that the amount of costs awarded in respect of any matter 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 discretion award a compensatory cost in any proceeding before him which in his opinion is false or vexatious.
137. Powers of Controller generally.—Any document for the amendment of which no special provision is made in the Act may be amended and any irregularity in procedure which in the opinion of the Controller may be obviated without detriment to the interests of any person, may be corrected if the Controller thinks fit and upon such terms as he may direct.
138. Power to extend time prescribed.—(1) Save as otherwise provided in the rules 24B, sub-rule (4) of rule 55 and sub-rule (1A) of rule 80, the time prescribed by these rules for doing of any act or the taking of any proceeding thereunder may be extended by the Controller for a period of one month, if he thinks it fit to do so and upon such terms as he may direct.
(2) Any request for extension of time made under these rules shall be made before the expiry of prescribed period.
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 person or are represented at the hearing, otherwise directs.
THE PATENTS RULES, 2003
46
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
;THE FIRST SCHEDULE ~(See rule 7)
FEIES
Number On what payable of entry
Number Amount of fees (in rup~ees) of the
relevant For natural p·efson(sJ For other than
1 .
(i)
(ii)
2.
(i)
(ii)
3.
4.
5.
6 .
1. 2.
Qn appUcatlion for a patent under sections 7" 54 or 135 and rule 20 (1 ) accompani~edl by provisional IIcomplete specification - for each sheet of specification in addition to 30; for each claim in addition to 10.
On flUng ~compl~ete specffication after provisi1onal upto 30 pag,es having upto 10 claims. -
for each sheet in addition to 30;
for each claim in addition to 10.
On filing a stat.ement and undertaking under sec.tion 8. On request for extensi-on of tjme under sections '5~3(2) and 142(4), rulles 13(6), 80( 11A),and 130.. On filing a decl~arat ion as, to inventorship under rule 13(6}. On application for postdating.
Form na1ura1
11
2
3
4
5
4
Rupees
1000
Mu~tlple of 1000 in case of every multiple
priority.
(i) 100
(ii} 200
No fee
(i) 100
(ii) 200
No fee
300
per month
No fee
500
person(s) either alone or·
jointry with natura'
person{s)
5 .
Rupees I
4,000
MuU.plleof 4,000 in case
of every mumple prioliity
(i)400
(iii) 800
No tee
(i) 400
(if) 800
No fee
1200
per month
No fee
2,000
THE PATENTS RULES, 2003
47
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
7.
8. (i) (ii)
10.
11.
12'.
13.
14.
15.
16.
17.
I (i)
I
I (i i)
I (Ii i) I
I (iv)
(v)
On application for deletion of reference under section 19(2). On claim under section 20(1);
On reques1 for direction under section 20(4} or 20(5).
On notice of opposition to grant of _~.latent under section 25(3). On giving notice that hearing before Controller will be attended under rule 62(2). On apPlication under sections ~2), 2f!{3J ,or 28(.7). Request for publication under section 11A(2) and rule 24A On application under section 44 for amendment of patent. On application for d1rections under sections 51(1) or 51(2). On request for grant of a patent under section 26(1) a1nd 52(2). On request for converting a patent of addition to an independent patent under section 55(1 ). For renewal of a patent under section 53: .. before the expiration of the 2od year from the date of patent in respect of 3rd year; before the expiration of the 3rd
_year ln respect of the 4th year; before the expiration of the 4th year in respect of the 5th year: before the expiration or the 5th year in respect of the 6th year; before the expiration of the 6th year in respect of the 7th vear;
500 2.000
6 500 2,000
6 500 2,000
7 1.500 6,000
1,500 6,000
B 500 2,000
9 2,500 10,000
10 1,500 6,000
11 1,500
12 1,500 6,000
1,500 6,000
500
500 2,000
500 2,000
500 2 ,000
1,500 6,000
(vi) before the expiration of the 7th year in respect of the 8th year;
1,500 6,000
(vii} before the expiration of the 8th 1,500 F- · ~~~~ea~r~in~~~s~p~ec~t~cl~th~e~9~th~~~e~a~r:~~~----~---------------r--------~ (viii) before the expiration of the 9th 1,500
year in respect of the 1Oth year;
6,000
6,000
(ix) before the expiration of the 1oth 3,000 12,000 yeali In respect of the 1H.~h.Lv~e~a:!.'..rL;___,.+-----+--- ---------r------·--- before the expiration of the 11m 3,000 12,000 year in resoect of the 12th year;
(X)
(xi) before the exptration of the 12th 3,000 12,000 year in respect of the 13th year;
THE PATENTS RULES, 2003
48
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
{xii)
; (xiii)
(xiv)
(xv)
(xvi}
(xvi!)
(xviii)
18.
19.
20.
21.
before th& expiration of the 13~h year In respect of the 14th year; be~ore the e~iration of 14m year i1n respect of 15 year; before the e~iration of 15111 year in respect of 16 year; before the ex1;1iration of 16111 year in respect of 17 year; before the e~iration of 17"11 year in respect of 18 • year; before the ex£iration of 181,. year in respect of 19 year; before the ex~iration of 191" year in respect of 201 year. On application for amendment of application for patent /complete specificationlother related documents under section 57 - (i) before grant of patent; ~er grant of patent;
(iii} where amendment is for changing name /address /nationality/address for service. On notice of opposition to an application under sections 57(4), 61 (1) and 87(2) or to surrender a patent under section 63(3) or to a reouest under section 78(5). On application for restoration of a patent under section 60. Additional fee for restoration.
13
14
15
3,000 12,000
3,000 12,000
5,000 20,000
. 5,000 20,000
5,000 20,000
5,000 20,000
5,000 20,000
500 2,000
1,000 4,000
200 800
1,500 6,000
1,500 6,000
3,000 12.000
On notice of offer to surrender a r--·----~p~;a~. ~n~t~u~n~de~r~s~e~c=tio~n~~63~.~~-~~r-----+---------------~----------~ 23. Application for withdrawing the
22. 1,000 4,000
24.
25.
application under section 118(4) and rul'e 26(1 ).
On application for the entry in the register of patent of tlle name of a person entitled to a patent or as a share or as a mortgage or as ilcensee or as otherwise or for the entry in the register of patents of no:ification of a document under sections 69(1) or 69(2} and rule 90(1 ), or 90(2).
On application for alteration of an entry in the register of patents or
16
1,000
1,000
(In respect of each patent)
200
4,000
4,000
(In respect of ead1 patent)
800
THE PATENTS RULES, 2003
49
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
26.
27.
28.
29.
30.
I 311.
32.
register of patent agent under rule 94(1) or rule 118(1 )_ On request for entry of an additional address for service in the Register of Patents under rule 94(3).
:On application for compulsory 1
license under sections 84(1), 91 (1 ), 92(1) and 92A. On request for examination of app!lcation for patent~
(a) under section 118 and rule 24(1);
(b)· under rule 2014)(ii}. On app~;cation for revoca1tion of a patent undersecUon 85(1). On applica1tlon for revision,of terms and co~nditions of licence under section 88(4). On request for termination of comptJisory licence under section 94. On application for registration as a patent agent under rule 109(1) or
500 2,000
17 1,500 6,000
18
2,500 10,000
3,500 14,.000
19 1,500 6 .000
20 1,500 6,000
21 1,500 6,000
22 2,000
~~--~1~1~2~· ----~~----~--~~-r-------r---·------------~--------~ 33. On request for appearing ln the
34.
(i)
(ii)
35.
36.
37.
38.
qualifying examination under rule 109(3). For continuance of the name of a person in the register of patent aoent - For the 1st year to be paid along wfth reQis1ration; For every year excluding the 1st year to be paid on the 1st April in each year. On application for duplicate certificate of patent agent under rule 111A. Or1 appl!icaUon for restoration of the name of a person in the register of patent agents under rule 117(1 ).
1,000
500
500
1,000
23 1,000 (Plus conUnuation fee under
entry numbe1r 36) --~-----4--------------_,__
On a request for corr·ection of clerical error under section 78(2). On application for review or setting aside the decisions/ order of the controller under sections 77( 1)(f) or 77(1 )(g).
24
500
1,000
2,000
4,000
THE PATENTS RULES, 2003
50
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
' 39.
40.
41.
42.
43.
44.
On application for permission for 2S applying patent outside India under section 39 and rule 71(1 ). On application for duplicate Patent under section 154, and rule 13.2. On request for certifled copies under section 72 or for certificate under section 147, and rule 133. For certifyi1ng office copies, printed each. On request for inspection of reg;ster under section 7.2, inspection under rule 27 or rule 74A. On request for information under sections 127, 132 and 153; and rule 135.
1-4-5-.--~0n form of authorization of patent 26
46.
47.
48.
49.
50.
a~ent. . . On petition not otheiW~se provided for. For supplying of photocopies of the documents per page.
Transmittal fee for International application.
For preparation of certified copy of priority document and for transmission of the same to the International Bureau of World Intellectual Prop,er!Y Org_aniz:ation. On statement regarding working of 27 a patented invention on a I commercial scale in India under section 146_i21and rule 1131(1 ). ,
1,000
1,000
1,000
500
200
300
No fee
1,000
4
2,000
1,000
No fee
Note: All the Fonns/Applicatioos/Requests/Notice/Petitions shall be filed in duplicate unless otherwise specified in the rules.
4,000
4.000
4.000
2,000
800
1,200
No fee
4,000
4
8,000
4,000
No fee
THE PATENTS RULES, 2003
51
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
Form No.
1 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
THE SECOND SCHEDULE [See rule 8]
Forms LIST oF FoRMS
Section and rule
2 Sections 7, 54, and 135 and rule 20(1).
Section 10; rule 13.
Section 8 and rule 12.
Sections 53(2) and 142(4), rule, 13(6), 24B(4)(ii), 80(1A) and 130.
Section 10(6) and rule 13(6).
, Sections 20(1 ), 20(4}, 20(5) and rules 34(1 ). 35(1) or 36(1 ).
Section 25(3} and rule 55A
Section$ 28(2}, 28(3) or 28(7) and rules 66, 67, 68.
Section 11A(2) and rule 24A.
Section 44 and rule 75.
Sections 51 (1 ), 51 (2) and rules 76, 77.
Sections 26( 1) & 52(2) and rules 63A and 79. Section 57 and rule 81 (1 ).
Title
3 Application for grant of a patent.
Provisional/Complete Specification. Statement and undertaking.
Request for extension for time.
Declaration as to inventorship.
Claim or request regarding any change in applicant for patent.
Notice of opposition on grant of a patent.
Request or claim regarding mention of inventor as such in a patent.
Request for publication.
Application for amendment of patent.
Application for direction of the controller.
Request for grant of patent.
Application for amendment of the application for patent/complete specification.
THE PATENTS RULES, 2003
52
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Sections 57(4). 61(1), 63{3), 78(5) and 87(2) and rules 81(3)(b), 85(1), 87(2), 98(1), 101(3) or 124.
Section 60 and rule 84.
Sections 69(1} or 69(2) and rules 90(1) and 90{2).
Sections 84( 1), 91, 92 or 92A and rule 96.
Section 118 and Rule 20(4)(ii) and 246(1 )(i).
Section 85( 1) and rule 96.
Section 88(4) and rule100.
Section 94, rule 102(1 ).
Rules 109(1) and 112.
Section 130(2) and rule 117(1 }.
Sections 77(1)(f), 77(1)(g) and rules 130{1) and 130(2).
Section 39 and rule 71(1).
Sections 127, 132 and rule 135.
Section 146(2) and rule 131(1).
Notice of opposition to amendment!restoraUonlsurrender of patent/grant of compulsory license or revision of terms thereof or to a correction of clerical errors.
Application for restoration of patents.
Application for registration of title/interest in a patent or share in it or registration of any document purporl;ng to affect proprietorship of the patent.
Application for compulsory license.
Request for examination of application for patent.
Application for revocation of a patent for non-working.
Application for revision of terms and conditions of license.
Request for termination of compulsory licence.
Application for registration of Patent Agent. Application for the restoration of the name in the register of Patent Agents. Application for review/setting aside controller's decision/order.
Request for permission for making patent application outside India Form of authorization of a Patent Agent/or any person in a matter or proceeding under the Act.
Statement regarding the working of the Patented invention on commercial scale in India.
THE PATENTS RULES, 2003
53
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 1 THE PATENTS ACT 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR GRANT OF PATENT
(See section 7,54&135and rule20 {1))
1. APPLICANT (S) Name I Nationality
I 2. INVENTOR (S)
Name I Nationality I
3. TITLE OF THE INVENTION 4. ADDRESS FOR CORRESPONDENCE OF APPLICANT/AUTHOR.ZED PATENT A.GENT IN INDIA
(FOR OFFICE USE ONLY)
Application No: Filing Date: . Amount of Fee Paid: CBR No: Signature:
l Address
I Address I
Telephone No. Fax No. Mobile No. E-mail:
5. PRIORITY PARTICULARS OF THE APPLICATION (S} FILED IN CONVENTION COUNTRY
lCountry Application f:iling Date Name of the Title of theNumber Applicant Invention
l l
l I
6. PARTICULARS FOR FILING PAIENT COOPERATION TREATY (PCT) NATIONAL PHASE APPLICATION
International application number. International fi ling date as allotted by the receiving office.
7. PARTICULARS FOR FILING DIVISIONAL APPLICATION Original (first) application number. Date of filing of Original (first) application
8. PARTICULARS FOR FILING PATENT OF ADDITION Main application/patent Number. Date of filin_g of main application
9. DECLARATIONS: (i) Declaration by the inventor{s)
1/We, the above named inventor(s) is/are the true & first inventor(s) for this invention and declare that the applicant(s)herein is/are my/our assignee or legal representative.
(a) Date.____
(b) Signature(s)ofthe inventor(s} {c) Name(s)
(ii} Declaration by the applicant(s} in the convention country 11\Ne, the applicant(s) in the convention country declare that the applicant(s)herein is/are my/our
assignee or legal representative. (a) Date
I (b) Signa-t-ur-e-(s_) _ I (c) Name(s) of the signatory
l l
THE PATENTS RULES, 2003
54
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
(iii) Declaration by the applicant(s): 1/We, the applicant(s) hereby declare(s) that:-
a I am /We are in possession of the above-mentioned invention a The provisional/complete specification relating to the invention is filed with this
application. a The invention as disclosed in the specification uses the biological material from
India and the necessary permission from the competent authority shall be submitted by me/us before the grant of patent to me/us.
a There is no lawful ground of objection to the grant of the Patent to me/us. o I am/ We are the assignee or legal representative of true & first inventors. o The application or each of the applications. particulars of which are given in Para •
5 was the first application in convention country/countries in respect of my/our invention.
a 1/We ctaim the priority from the above mentioned application(s) filed in convention country/countries and state that no application for protection in respect of the invention had been made in a convention country before that date by me/us or by any person from which 1/We derive the title.
o My/our application in India is based on international application under Patent Cooperation Treaty (PCT) as mentioned in Para - 6 .
o The application is divided out of my/our application particulars of which are given in Para· 7 and pray that this application may be treated as deemed to have been filed on under sec.16 of the Act.
a The sa1d invention is an improvement in or modtfication of the invention particulars of which are given in Para· 8.
10. Following are the attachments with the application: {a) Provisional specification/Complete specification (b) Complete specification (in conformation with the international application)/as amended before
the International Preliminary Examination Authority (IPEA), as applicable (2 copies), No. of pages __ No. of claims.____
(c) Drawings {in conformation with the international application)/as amended before the International Preliminary Examination Authority (IPEA), as applicable (2 copies),No. of sheets_____
(d) Priority documents (e) Translation of priority document/Specification/International Search Report (f) Statement and undertaking on Form 3 (g) Power of Authority (h) Declaration of inventorship on Form 5 (i) Sequence listing in electronic form (j) ... ... ... ... ... ... ... ..................... . Fee Rs....................... . .in Cash./ Cheque I Bank Draft bearing no............. .... .... . .. .. Date........ ........... .. .... ..on ........ .. .. .. ....... ..... ..... . ... .Bank.
1/We hereby declare that to the best of my/our knowledge, information and belief the fact and matters slated herein are correct and 1/We request that a patent may be granted to me/us for the said •r'lvention.
Dated this .... ... ...... . ....... ...day of.. ... ...... . ..... .20..... .. .... .
To, The Controller of Patents The Patent Office, at. ... .. .... .
Note: ·*Repeat boxes in case of more than one entry.
Signature:- Name:
*To be signed by the appticant(s) or by authorized registered patent agent otherwise where mentioned. *Tick (-v')lcross (x) whichever is applicable/not applicable in declaration in para·9. *Name of the inventor and applicant should be given in full, family name in the beginning. ..Complete address of the inventor and applicant should be given stating the postal index no./code, i state and country. *Strike out the column which is/are not applicable * For fee: See First Schedule 1
THE PATENTS RULES, 2003
55
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM2 THE PATENT ACT 1970
(39 of 1970) &
The Patents Rules, 2003 PROVISIONAUCOMPLETE SPECIFICATION
(See section 10 and rule13)
1. TITLE OF THE INVENTION
2. APPLICANT (S) (a) NAME: (b) NATIONALITY: (c) ADDRESS:
3. PREAMBLE TO THE DESCRIPTION
PROVISIONAL
The following specification describes the invention.
COMPLETE
The following specification particularly describes the invention and the manner in which it is to be performed.
4. DESCRIPTION {Description shan start from next page.)
5. CLAIMS (not applicable for provisional specification . Claims should start with the preamble-
"1/we claim" on separate page)
6. DATE AND SIGNATURE (to be given at the end of last page of specification)
7. ABSTRACT OF THE INVENTION (to be given along with complete specification on separate page)
! Note: - ~ *Repeat boxes In case of more than one entry. · *To be signed by the applicant(s) or by authorized registered patent agent. . *Name of the applicant should be given in full , family name In the beginning . I *Con.plete address of the applicant should be given stating the postal index no./code, state and
I country. *Strike out the column which is/are not applicab)e
THE PATENTS RULES, 2003
56
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 3
THE PATENTS,ACT, 1970 (39 of 1970)
& The Patents Rules, 2003
STATEMENT AND UNDERTAKING UNDER SECTION 8 (See section 8, rule 12)
1, Namely ofthe applicant(s). 1/We.1..___~----------
2. Name, address and nationality of the joint applicant:
Name of the coonfly. Data of application
3. Name and address of the assignee
hereby declare:
(i) that lfWe have not made any application for the same/substantially the same invention outside India.
Or
(ii) that 1/We who have made this application No. Dated alone/jointly
7 ---- with .......... . ... ............ ... .. ...... . ..... . .... . ...... .. ... , made tor the same/substantially same invention, application{s) tor patent in the other countries, the particulars of which are given below:
Application Status of the Date of · No. application publication
Date of grant
(iii) that the rights in rhe application(s) has/.have been assigned to. 3
that J/We undertake that upto the date of grant of the patent, by the Controller, 1/We would keep him informed in writing the details regarding corresponding applications for patents filed outside India within three months from the date of filing of such application.
Dated this ...... . ............ day of .............................. ........ ...... 20
4. To be signed by the applicant or his authorised registered patent agent.
5.Name of the natural person who has signed.
To The Controller of Patents, The Patent Office, At
Note: Strike out whichever is not applicable.
Signature 4•.
THE PATENTS RULES, 2003
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\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 4 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003
REQUEST FOR EXTENSION OF TIME [See sections 53(2) and 142(4) rules 13(6), 80(1A) and 130]
1. Name of the applicant. I/We. 1______________
2. To be signed by the applicant or his authorised registered patent agent.
3. Name of the natural person who has signed
hereby request for extension of time for____ month(s) under Section/Rule---~-- in connection with my I our application I Patent No._____ The reasons for making the request are as follows:-
Dated this ................. .. day
···· · · ···· ···· ·· ······· ······ ·· ······ ·· ····· 20
Signature 2
(-------------------------------------------------------------) 3
To The Controller of Patents, The Patent Office, At
of
Note: For fee: See First Schedule.
THE PATENTS RULES, 2003
58
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORMS THE PATENTS ACT, 1970
(39 of 1970)
&
The Patents Rules, 2003 DECLARATION AS TO INVENTORSHIP
[See section 10(6) and rule 13(6)]
1. NAME OF APPLICANT (S) _l f------- --- ·--------- - - ----:-·.--:--,..----:----:-:-·--:----:-:---:-----:---! hereby declare that the true and first inventor(s) of the invention disclosed in the complete specification filed in pursuance of my /our application numbered
~ dated is/are 2. INVENTOR (S)
1 (a) NAME I (b) NATIONALITY 1 (c) ADDRESS
f
: Dated this ... . .... ...... .. .. .... ..day of.. ..... ...... . ....20... ....... .. Signature: -
_ Na~e of the signatory: - 3. DECLARATION TO BE GIVEN WHEN THE APPLICATIO.;.;.;N=IN~IN---D_I_A---=Is-F=I.,....LE=O,......_,.B_Y___T_H_E_ -1
. APPLICANT (S) IN THE CONVENTION COUNTRY:-
I We the applicant(s) in the convention country hereby declare that our right to apply for a patent in India is by way of assignment from the true and first inventor(s).
I
I Dated this ...... .... ....... .... .. .day of...... ..... .... . ..20.... ... . ... .
. Signature: - ~ Name of the signatory: - 1 4. STATEMENT (to be signed by the additional inventor(s) not mentioned in the application form)
1/We assent to the invention referred to in the above declaration, being included in the complete specification filed in pursuance of the stated application.
Dated this . .. .. ..... .. .... ..... ...day of.... .. .. ..... .. .. .20.. ......... .
Signature of the additional inventor(s):-
Name:-
I To, The Controller of Patents
The Patent Office. at. .. ...... ..
I
Note *Repeat boxes in case of more than one entry. •To be signed by the applicant(s) or by authorized registered patent agent otherwise where mentioned. *Name of the inventor and applicant should be given in full, family name in the beginning. "'Complete address of the inventor should be given stating the postal index no./code, state and country.
i *Strike out the column which isf are not applicable L--------------------------------------------------------------------~
THE PATENTS RULES, 2003
59
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 6 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003
CLAIM OR REQUEST REGARDING ANY CHANGE IN APPLICANT FOR PATENT
[See sections 20(1), 20(4) and 20(5); rules 34(1), 35(1) and 36(1)]
1. Repeat the columns (a) to (c) if there are more than one applicant.
2. Insert the name in full. The family or principal name in the beginning if the applicant is a natural person.
3. Insert the complete address including postal index number/code and state and/or country.
4. Insert the nationality.
5. State the name of the applicant(s) for patent.
6. Original and certified copies of the documents shall accompany the claim or request. Consent by the legal representative of the deceased joint applicant shall be filed whenever required.
7. Insert the details of the documents.
8. Complete address including postal index number/code and state along with Telephone and fax number(s).
9. To be signed by the applicant(s) or authorized registered patent agent.
10. Name of the natural person who has signed.
I/We, 1______________
~)2 ------------------------ (b)3__________~~--
(c) 4---------------
hereby request that the application for patent
No.. ... ......... ...................dated ... .......... .. .. .
made by5._____J,...___________
may proceed in my/our name and further request
that direction of the Controller, if necessary be
made in that effect
Reasons for making the above request are as follows:-
I furnish the following document(s) in support of my above request:6
(af------------ (b)7__________ _
(cf----------
My/our address for service in India is:.8
Dated this ................ day of .................... , 200
Signature 9· .. . (-------------~-----~·----------------------------) 10..
To The Controller of Patents, The Patent Office, At ... ....... .. .............. . ........... . .......................... .
N.B.: This form is not applicable for mere change of name. Note: (a) Strike out whichever is not applicable.
{b) For fee:-See First Schedule.
THE PATENTS RULES, 2003
60
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 1 THE PATENTS ACT, 1970
(39 of1970} &
The Patents Rules, 2003 NOTICE OF OPPOSITION
[ See sections 25(:2) and rule 55A]
1. State 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 fax number.
4. To be signed by the opponent or by his authorized registered patent agent.
5. Name of the natural person who has signed.
To
I/We, 1..._____________
hereby give notice of opposition to
patent No......................... ) granted on
application No.................dated ............... .
published on dated ................made by_________________
on the grounds 2•
My/Our address for services in India is.. 3·
Signature ··4 .... (----------------------------------------) 5 ...•
The Controller of Patents, The Patent Office, At .... .... ........ .... ..................... . .... .......... .
For fee : See First Schedule. ------------------------------- - --------~----~---~-~----~-------------------------------------------
THE PATENTS RULES, 2003
61
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 8
THE PATENTS ACT, 1970 (39 of 1970)
& The Patents Rules, 2003
REQUEST OR CLAIM REGARDING MENTION OF . INVENTOR AS SUCH IN A PATENT [ See sections 28(2)1 28(3) and 28(7); rules 66, 67 and 68 ]
1. State names, address and nationality of the person making this application.
2. Insert the name of the person mentioned as inventor.
3. Complete address including postal index number/code and state along with Telephone and fax number(s).
4. To be signed by the applicant or his authorized registered patent agent.
I/We, 1... . .......... . ............................... ... . . ...... ..
hereby state/claim that the following person(s) be
mentioned as inventor(s) in the patent application
No. ....... ................. ....... .... .dated ... .... ...made
by~---~-~~--------- ____ or hereby declare that?·
ought not to have menboned as inventor in the application for Patent No. .. ....... .. ... ...............dated .. ..... .................. made by ......... . .... .... ... .. .... ...... .. .. ..... ... .. ... .and l/We hereby apply for a certificate to that effect.
A Statement setting out the circumstances under which this application is made is attached together with the copy/copies thereof as required under the rules.
My/Our address for service in India is3,
Dated this .. .. . ............ . ...... day of ........ ......... .... 20
5. Name of the natural person who has signed.
To
Signature.. 4 ....
(··---·--·····--··-·······-----..··-·· ····-· I ~ .. ..
The Controller of Patents, The Patent Office, At .... ................... . ..................... ......................... .
__________________N9!~- _:_: ___ f.Q.r. f~~-~-s~-~fir~J-~~n-~g\,11~" ___________ ______________ __________ _
THE PATENTS RULES, 2003
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\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 9 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 REQUEST FOR PUBLICATION
[See section 11A(2); rule 24A]
1. Name, address and nationality of the applicant(s).
2. To be signed by the applicant or his authorized registered patent agent.
11We1••••.••....••...•..•..••••• • .•• • • • ••••• • •.•••••••.•• • ..•••
hereby request for early publication of my/our
Patent appl ication No .... . ...... .. .... .. ..... dated
................... . .......under section 11A(2) of the
Act.
Dated this ... ... .... ..day of ... ................ . ..... .. ........ 20
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
THE PATENTS RULES, 2003
63
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 10 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003
APPLICATION FOR AMENDMENT OF PATENT [See section 44; rule 75]
1. Repeat the columns (a) to (c) if there are more than one applicant.
2. Insert the name in full. Family or principal name in the beginning if the applicant is a natural person.
3. Insert the complete address including postal index number/code and state and/or country.
4. Insert the nationality.
5. Complete address including postal index number/code and state along with Telephone and fax number(s).
I/We.1..
{a).2·--------------
(b).3··--------------
(c).4·--------------- (a).2_______________
(b).3._____________
(c).4·---------------
(a).2··--------------- (b).3________________ (c).4._______________
hereby request that Patent No.----------------------
_____dated____granted to
may be amended by substituting my/our name for
the name of the grantee and in support to my/our
request, 1/We furnish the following documents :
My/our address for service in India is.5.
Dated this .................. day of .............................. 20
6. To be signed by the applicant(s) or his authorised registered patent agent.
7. Name of the natural person who has signed.
Signat~re.. 6.....
(-----------·--~~---------------------------) •• 7...
To The Controller of Patents, The Patent Office, At. .......................... ...... ...... .... ...... .. ....... .. ... .
Note : - For fee : See First Schedule --- - ------ --~· ----~--·------------ ---------------- ---- ----------------------------------------------
THE PATENTS RULES, 2003
64
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 11 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR DIRECTION OF THE CONTROLLER
[See sections 51(1) and 51(2); rules 16 and 77]
1. State the name in full, address and nationality.
2. Complete address including postal index number/code and state along with Telephone and fax number(s).
3. To be signed by the applicant(s) or his authorised registered patent agent.
1/We1.•.• .• •• •• ••• .• ... ...•. • . • . ••• ••• . ••••••.•. • . . . . . •• •• • •••.•••
hereby apply for the following direction in respect
of patent No. -----------------------------
dated......................... ..grant to--------------------
The reasons for making this application are as
follows:
My/Our address for service in India
. 2 IS: . ........... .... ...... . ......... . ....... . ............... . ...... .
Dated this ..................day of .... ............. ............ ... 20
4. Name of the natural person who has signed.
Signature .. 3... ( --------------------------------~----------------) 4
To The Controller of Patents. The Patent Office, At ............ .................. . .. ..... . ... ................ .. .
Note:- For fee: See First Schedule
THE PATENTS RULES, 2003
65
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 11 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR DIRECTION OF THE CONTROLLER
[See sections 51(1) and 51(2); rules 16 and 77]
1. State the name in full, address and nationality.
2. Complete address including postal index number/code and state along with Telephone and fax number(s).
3. To be signed by the applicant(s) or his authorised registered patent agent.
1/We1.•.• .• •• •• ••• .• ... ...•. • . • . ••• ••• . ••••••.•. • . . . . . •• •• • •••.•••
hereby apply for the following direction in respect
of patent No. -----------------------------
dated......................... ..grant to--------------------
The reasons for making this application are as
follows:
My/Our address for service in India
. 2 IS: . ........... .... ...... . ......... . ....... . ............... . ...... .
Dated this ..................day of .... ............. ............ ... 20
4. Name of the natural person who has signed.
Signature .. 3... ( --------------------------------~----------------) 4
To The Controller of Patents. The Patent Office, At ............ .................. . .. ..... . ... ................ .. .
Note:- For fee: See First Schedule
THE PATENTS RULES, 2003
66
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 12 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 REQUEST FOR GRANT OF PATENT UNDER SECTION 26(1) & 52(2)
(See sections 26(1) & 52(2); rules 63A and 79)
1. Repeat the columns (a) to (c) if there are more than one applicant.
2. Insert the name in full. Family or principal name in the beginning, if the applicant is a natural person.
3. Insert the complete address including postal code and state and/or country.
4. Nationality of the person. (i}
5. Name of the High Court.
6. Name, address and nationality of the true and first inventor.
7. Complete address including postal index number code and state along with Telephone and fax number(s).
8. To be signed by the applicant(s)
(ii )
I/We1. ••••••••••.....••..•••••••••••••• • ••. •• ••••••.• • ••• •• • ••••••
(a)?............ .............. ...... ...... .............. ... ..... .
(b).3........ . . .... ........ ' . ... .. ... .... ... ........ . .... . . ...... .
(c).4........................................................... .. hereby declare : that 1/We made opposition under section 25(3)
before the Controller or a petition under Section 64
of the Act before the Appellate Board or High Court
of 5•...•.••..•
and the details of the patent and the opposition for
the petition are given below:
Patent No. ... .. .. .. .. .. .. .. . .. ....... .. .. .. .. ... .. dated
........ . ........Grantee I Patentee
.......................................................Oppositio
n
Notice dated ------------------------ or Petition No.
.... .... . .. . .. ... .. .. .. .... .. . .... . ..dated... . .. ..... .... .. .. ..
that 1/We have claimed to be the true
and first inventor(s)/assignee(s)/IegaI
representative(s) of ·6
THE PATENTS RULES, 2003
67
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
or his authorised registered patent agent.
9. Name of the natural person who has signed.
the true and first inventor of the invention for which
the said patent was granted.
(iii) that by an order in the said opposition or petition
the patent was revoked/the complete specification
of the patent was directed to be amended by
exclusion of ..... .... ....... .. ............ .... .. claims
thereof.
(iv) that the Controller or Appellate Board or Court
ordered to grant to me a patent in lieu of the said
patent/part of the invention excluded by the
amendment.
(v) that 1/We submit a statement and certified copy of
the order of the Controller or Appellate Board or
Court in support of my application and request that
a patent be granted to me in accordance with the
order of the Appellate Board or Court.
My/Our address for service in India is : .7•
Dated this .................... day of ....... .... ... . .. . .. .. ............ 200
Signature 8
(----------------------------------------------------)9 . .. .. To The Controller of Patents, The Patent Office, At ....... . ... . .... . . .. . ... . ..... . .... .......... . ... . ... ... ..... .
-·-----~------------·-----~-~~-~---~----------------------------------------------------------- - --
Note: -(a) Strike out whichever is not applicable. __________________________ 1PJ_f_Q~f~~--~--~~~_fjr§1J?gn_~g~J~~----------------------------------
THE PATENTS RULES, 2003
68
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 13 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR AMENDMENT OF THE APPLICATION
FOR PATENTICOMPLETE SPECIFlCATION [See section 57; rule 81(1) 1
1. Name of the applicant(s).
2. To be signed by the applicant(s) or patentee(s) or by his authorised registered patent agent.
3. Name of the natural person who has signed.
11We1••••••••••••••••••••••••••••••••••.•••.•••.••••••••• • •••.•
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:
1/We declare that no action for infringement or for the revocation of the patent in question is pending before Appellate Board or a Court. 1/We declare that the facts and matters stated herein are true to the best of my/our knowledge information and belief.
Dated this .. . .. .... ..... ... ... day of ...................... ...... ..
200
Signature· 2.....
( ---------·--------------------------------) 3.. . .
To The Controller of Patents, The Patent Office, At .............................................................
Note : For fee: See First Schedule.
THE PATENTS RULES, 2003
69
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
f 0 R M 14 THE PATENTS ACT, 1970
(39of 1970) &
The Patents Rules, 2003 NOTICE OF OPPOSITION TO AMENDMENT I RESTORATION I SURRENDER OF PATENT/GRANT OF COMPULSORY LICENCE OR REVISION OF TERMS
THEREOF OR lO CORRECTION OF CLERICAL ERRORS [See sections 57(4), 61(1), 63(3), 78(5) and 87(2); rules 81(3)(b), 85(1), 87(2),
98(1), 101(3) and 124]
1. State the name, address and nationality.
2. Complete address including postal index number/code and state along with Telephone and fax number(s).
3. To be signed by the opponent or his authorised registered patent agent.
4. Name of the natural person who has signed.
t/We' .. . ...... ... ... . .................. . .... ..... .................... ..... ..
hereby give notice of opposition: - to the amendment of the application/specification with respect to application for Patent No. -----------=---d,ated .. ...... .......... .
OR to the application for restoration of Patent No. ... .. . .. .... .. .. ........ ... .. . .. .. ....dated.......................... .
OR to the offer to surrender the Patent No. . ................ .... ................ . .....dated................... .. .
OR for the grant of compulsory licence, or revocation of Patent No..... ............ ........ ..... dated .. ......................... .
OR ·for the revision of the terms and conditions of licence in respect of Patent No................. .... .dated ..... .......... ..
OR for correction of a clerical error in Patent No............. .. ..... ..... .......... dated .................. I Specification No. .......... ..... .. .. dated ..... . ............. in respect of Patent No........ .... .. ... ... ..... ..... .dated ... ............or Patent application No..... .. .. ........... . ... .. dated ..... .......... The grounds in which the said opposition is made are as follows:
· ~~ • • •••••••• • t t 4 • ~ ~ .4. • • t i l •• · ~ . ...... . . .. ..... ... .............. ... .. .
My I Our address for service in &ndia is: 2•
Dated this ..... .. .. ........... day of ... ... ......... ..... .20
Signature. 3... ..
( -··--·-·-------------·--·-···-··---------------) 4
To The Controller of Patents, The Patent Office, At ...................... ....... .... ..... .......................... ..
Note: -(a) Strike out whichever is not applicable. (b) For fee : See First Schedule.
THE PATENTS RULES, 2003
70
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 15 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR THE RESTORATION OF PATENT
[See section 60; rule 84]
1. Insert the name, address, nationality of the applicant(s).
IIVVe1............................................................ .
hereby apply for an order of the Controller for the
restoration of Patent No.........................dated
....... ...... ........... .granted to... .. .... ... ...... .. ..... .... .
The circumstances which led to the failure to pay the renewal fee to pay the renewal fee for the year
on or before .............. ...... ... . are as follows:
1/We declare that 1/We have not assigned the patent
to any other person(s) and that the facts and
matters stated herein are true to the best of my/our
knowledge information and belief.
Dated this .. .. .. ............. day of ......... .... ............ ..... .. . 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 ...... ..................... ........................ ..
-------~--------~-------~-~--------------·-----~-----~----~-----·-~--~--------------- ----- -
THE PATENTS RULES, 2003
71
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 16 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 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. Insert the name, address and 11We1. nationality of the applicant(s). ............ .. ................ ...... ............ ..... ......... ........... .
2. A description of the nature of the document, giving the date and the names. address and nationality of the parties thereto.
3. Complete address including postal code and state along with telephone and fax number(s).
4. To be signed by the applicant or his authorised registered patent agent.
5. Name of the natural person who has signed.
hereby apply that my/our name(s) may be registered in the register of patent as a person entitled to the patent/a share in the patent/an interest in the patent detaHs ofwhich are specified below:
Patent No...... ..........dated................. .......... . Grantee...........................Patentee ........... .... . and in proof thereof we transmit the accompanying2............................................ . .. ........ .....with a certified copy thereof.
OR Transmit herewith an attested copy of
................................in respect of Patent No(s).........................dated ......... ....... . granted to .... .. ................................. . ......... . of which the patentee is .......... ......... ................ ..... ..... ... ... .... ...... as well as the original document for verification and IIWe hereby apply that a notification thereof may be entered in the register of patents.
My/Our address for service in India is3.
Dated this ...................day of ....................... ... . 20
Signature . 4...... (---------------------------------)5
To The Controller of Patents, The Patent Office, At ................................ ..................... .
Note:-----(arFortee: ·see-Frrsfsc'heduJe~- -------------------------------------------------------------- (b) Strike out whichever is not applicable.
THE PATENTS RULES, 2003
72
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FORM 17 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR COMPULSORY LICENCE
(See sections 84(1), 91, 92(1) or 92A; rule 96)
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 fax number(s).
4. To be signed by the applicant(s) or by his authorised registered patent agent.
IIV'Je.1............ . . . .. ...... ...... . . ...... ... . .... .. ........ ...... .
hereby apply for the grant of a compulsory licence
under Patent No........ .. ....... .. .dated .......... ..
granted to .......... . ... ........... .. ........ ... . .·. ·- ·· ····
. ..... .... .... ... . ...... .. ........ ... for wh ich the patentee is
on the following
grounds, namely :
1/We declare that the facts and matters stated
herein are true to the best of my/our
knowledge, information and belief.
The details of documentary evidence in support of
my/our interest and the grounds stated above are
given below 2 . •......... . ...•••• .••••• .•......•. ... ...
(a) ......... . ............... ............................... .
(b) .... . ......... ··· ··· ···· ················ ······ ·· ........ .
(C) ..... ..... ............ . . .......... ..................... ..
My/Our address for service in India is: 3.... . . ..
Dated this ..... .......... .... day of ................ .. .. .. .. ..... .. 20
5. Name of the natural person who has signed.
Signature ·4 ......
(--...------- ------------------------------------- ) 5 .-
To The Controller of Patents, The Patent Office, At ....................... . ... ................... ....... .
Note: For fee : See First Schedule.
THE PATENTS RULES, 2003
73
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 18 (FOR OFFICE USE ONLY) THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 REQUEST/EXPRESS REQUEST FOR EXAMINATION
OF APPLICATION FOR PATENT (See section 118 and rule 20(4)(ii), 248(1)(i)]
1. APPLICANT (S)/OTHER INTERESTED PERSON (a) NAME: (b) NATIONALITY: (c) ADDRESS:
RQ.No: Filing Date: Amount of Fee Paid: CBR No: Signature:
(d) date otpublicationoftheapplication undersection 11A .... .. .. .. .... .. .. ..
2. Statement In case of request for examination made by the applicant(s)
.1/We hereby request that my/our application for paten! no. ______filed on ------
for the invention
titled_______________________________ shall be
examined under sections 12 and 13 of the Act.
Or
1/We hereby make an express request that my/our application for patent no. filed on.
________based on Patent Cooperation Treaty (PCT} application no.
________dated______
made in country ___________shall be examined under sections 12 and 13 of the
Act, immediately without waiting for the expiry of 31 months as specified in rule 20(4)(ii).
3. Statement in case of request for examination made by any other interested person
1/We the interested person request for the examination of the application no. dated ___filed by the applicant titled_______________
under sections 12 and 13 of the Act.
As an evidence of my/our interest in the application for patent following documents are submitted. (a) _________________________________
4. ADDRESS FOR SERVICE
Dated this___ day of____ 20
Signature Name of the s1gnatory
To, The Controller of Patents The Patent Off1ce, at . ...... .. .
NOTE: "To be signed by the applieant(s) or by his authorized registered patent agent *Striko out the column which is/are not applicable
i *For tee~ See First Schedule
THE PATENTS RULES, 2003
74
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 19 THE PATENTS ACT, 1970
(39 of 1970} &
The Patents Rules, 2003 APPLICATION FOR REVOCATION OF A PATENT
FOR NON WORKING (See section 85(1 ); rule 96.}
1. Name, address and nationality of the applicant(s).
2. State the nature of the applicant's interest, the facts on which he relies and the grounds on which the application is made.
3. Certified copies of aU the documents are to be enclosed in duplicate.
4. Complete address including postal index number/ code and state along with telephone and fax number(s).
5. To be signed by the applicant(s) or his authorized registered patent agent.
11We.1.............. . ....................... . .................... .
hereby apply for revocation of Patent No.... ... ..........dated.... .. ... ........ . granted to .................................................. .for which the patentee/applicant for patent is......... ........................................................ . ...................... .....for the following reason, namely: 2
The details of documentary evidence in support of my/our interest and the reasons stated above are given below : 3 ................ . . .
(a) . ....... ...... . .. .... ...... . .. .. .................... .. (b) .............................. ...................... . (c) .. ...... ...... . .............. . ...... .. ... .. .... ..... .. .
IIWe declare that the facts and matters stated herein are true to the best of mylour knowJedge, information and belief.
My/Our address for service in India is.4
Dated this ............. .... .. day of ................... .... .. ...... 20
6. Name of the natural person who has signed.
Signature . 5.. . .. . ( -------------------------------------------) 6
To The Controller of Patents, The Patent Office, At .................. . .. .. ....... ....................... .
Note: (a) For fee: See First Schedule.
(b) Strike out whichever is not applicable
THE PATENTS RULES, 2003
75
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 20 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR REVISION OF
TERMS AND CONDITIONS OF LICENCE [See section 88(4); rule 100]
1. Name, address and nationality of the applicant(s).
2. To be signed by the applicant(s) or by his authorised registered patent agent.
3. Name of the natural person who has signed.
I!We1........................................... . .................. .
hereby declare :
(i) that Patent No.... ... .... .. .. ... .dated .......... .. .. was grnn~d ~ . .. .. . ..... ....... . ...... .... .... ... .... .... .... for which the patentee is .......................... . ......... .
(ii) that 1/We am/are holding licence under the patent, granted by the Controller by an order dated ....... ........... .
(i) that the terms and conditions settled by the Controller have proved to be more onerous than originally expected and we are unable to work the invention.
(iv) that the circumstances in which this application is made are set forth in the accompanying statement in duplicate.
1/ We request the Controller to revise the terms and
conditions of the licence.
Dated this ......... ...... day of.. .......... ...... ................ 20
Signature 2......
(··----·----·-------------·----------·-·-) 3
To The Controller of Patents. The Patent Office, At ..... . ..... ... . .... .. .. . ..... ..... .. ..... ....... ..... .
Note : (a) For fee : See First Schedule. (b) Strike out whichever is not applicable.
THE PATENTS RULES, 2003
76
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
F 0 R M 21 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 REQUEST FOR TERMINATION OF COMPULSORY LICENCE
[See section 94; rule 102(1)]
1. Name, address and national ity of the applicant(s).
2. Certified cop1es of the documents are to be enclosed in duplicate.
3. Complete address including postal code and state along with telephone and fax number(s).
4. To be signed by the applicant(s) or by his authorized registered patent agent.
5. Name of the natural person who has signed.
1/We' ......... ... .. .. ........... . ....... . ............................ ..
hereby apply for the termination of the compulsory licence granted to ......................... .... . ... ... .. . . . . . ....by the order of the Controller dated.. ...... ...... .. ..........under patent No
......... ............. ............. dated ........... . ............. . granted to......................................... ............. .for which the patentee .... .. . ......... ....... . .. .. .. .. ........ . .. ... .
1/we declare that I am/We are the patentee for the above mentioned patent 1/we declare that 1/we derive title/interest in the patent.
1/we make the above mentioned request for termination on the following grounds, namely:
1/we declare that the facts and matters stated herein are true to the best of my/our knowledge, information and belief. The details of documentary evidence in support of my/our interest and the grounds stated above are given below: 2
(a) .................. . ................ . .......................... . (b) ... ... .......... ........... . ·· ·· · · ·· ... ...... ·· ·· ··· ······ ... .. (c) ............................................................. .. My/our address for service in India is: 3
Dated this ................... day of.. ............................. 20
Signature . 4
( ) 5
To The Controller of Patents, The Patent Office, At ...... .. ... ..... ...... .... . ..... ... ....... ..... .... .. .
Note : (a) For fee : See First Schedule. (b) Strike out whichever is not applicable.
THE PATENTS RULES, 2003
77
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 22 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR REGISTRATION OF PATENT AGENT
[See rules 109(1) and 112]
Certificate testifying to the character of the applicant should be from a person not related to him and being a Gazetted Officer or any other Person whom the Controller thinks fit.
2 Family or principal name in the beginning.
3 Either original certificates and other documents or copies thereof duly attested by the Gazetted Officer or any other person whom the Controller thinks fit must be sent with the application
4 To be signed by the applicant.
5 Name or the natural person who has signed.
I beg to apply for registration as a ·patent agent under the Patents Act, 1970 A certificate of character1
From.. ........ ......... ...... ............. ...........................
is enclosed herewith.
I hereby declare that I am not subject to any of the dis-qualifications specified in rule 114 of the Patents Rules 2003 and that the information- given below is true to the best of my know1edge and belief. Name:2............... . .................................... .. .0 I • o • .o • • I .0 0 I • I I I I I I I .. .o • • 4 0 .0 • + I • 4 I I .o + • I I ~ 0 • I I • I I 4 I I I • I .. I I .. + .f f. I + . ....
Address/place of residence: ..·..................... .
Principal place of business: ..·....... ............. ..
Address of the branch office if any:
Father's name: ..................................... ..
Nationality: .......................................... . Date and place of birth: ... .. ......... . ........ . .... .
Occupation: ... . .. ....................... . ... ......... .
Particulars of qualification for registration as patent agent.3
(a) ....... . ....................... .. ... ................ .. (b) ..... ...... ........ . ................................ .. (c) ........ ............... . .................... ........ ..
Dated this ... .. ....... day of .......... ... .. 20 ...... .
Stgnature4 . • . • • . ••. ... . •• •••• •••.•• . .
To The Controller of Patents The Patent Office at ....... ........... ... ..
Note: (a) For fee :See First Schedule (b) Attach two recent passport size photographs
(c) Provide specimen signature in separate sheet
THE PATENTS RULES, 2003
78
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 23 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR THE .RESTORATION OF THE NAME IN THE
REGISTER OF PATENT AGENTS [See section 130(2); rule 117(1)}
I, .......................................................... . hereby apply for the restoration of my name in the
register of patent agent which was removed on
.. .. .. .... ... ... under section 130 or Rule 116. My
name was originally entered in the register on
....... .... ...... ........... ...under No
Dated this .. .... ... .... .......... day of .... ............. .... .... ..20 ...... .
To be signed by the applicant.
2 Name of the natural person who has signed.
Note: For fee: See First Schedule.
Signature1 • • ••• . •••..• • .•• ••. •••• • • ••
(··----·-···----------~--------------------------- )2
To The Controller of Patents The Patent Office at .. .. .. ....... ... . .... ..
THE PATENTS RULES, 2003
79
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 24 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 APPLICATION FOR REVIEW/SETTING ASIDE
CONTROLLER'S OECISIONIORDER [See sections 77(1)(t) and 77(1)(g) and rules 130{1) and 130(2)}
1. State the number of patent or patent application
· number and the relevant proceeding.
In the matter of1 .••..•••..•••••••••••••.••••••• • ••••.•••
2. Name, address and I/We2 ...•..•...............•.... . •.•.... . ....•..•••..•..... nationality of the applicant(s).
being the applicant(s)/opponent/party in the above matter hereby
apply for the reviewfsetting 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 ......................20 .......... .
3. To be signed by the applicant(s) or his authorized registered patent agent.
4. Name of the natural person who has signed.
Note: For fee: See First Schedule.
Signature3 .......................... .
(----------------------------------------------------t To The Controller of Patents The Patent Office at ..... ........ ....... .. .
THE PATENTS RULES, 2003
80
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 25 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 REQUEST FOR PERMISSION FOR MAKING PATENT APPLICATION OUTSIDE
INDIA
1. State the title of the invention.
2. Name and address of the person (s)
3. Name and address of the assignee
[See section 39 and Rule 71(1)]
am/We are in possession of an invention for1
l/We have made an application for the grant of a patent for the said invention, its number being No.... .... ..... .of ............... ... .... ......Dated...... ...... ... ..... .
OR 1/we hereby attach the brief description of the invention.
1/We intend to make application (s) alone/jointly with2.•.•••••.•.•.•••.•.•••••.•.•.••• .••.. .•.••.... . ... . . ... . . •....•.••.•.••.•..•.•
for the same/substantially same invention for patent in the following country/countries/convention countries, namely:-
................................~......... ... ...... . .. .. . 1/We declare that the rights in the application (s) has/have been assigned to 3
1/We request that 1/We may be granted permission to make application (s} for the said invention in the said country/countries. The reasons for making this application, are as follows:-
The facts a11d matters stated above are true to the best of my/our knowledge, information and belief. Dated this .......... ...........day of ............... ... .....20 .......... ..
4. To be signed by the applicant (s) or authorised patent agent. Signature4 ....•.•...•.•.•••••. . . . ..••
To The Controller of Patents The Patent Office at ..... ..... ... . .. .. .... .
Note: (a) Strike out whichever is not applicable.
(b• For fee See First Schedule.
THE PATENTS RULES, 2003
81
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
FORM 26 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 FORM FOR AUTHORISATION OF A PATENT AGENT/OR ANY PERSON IN A MATTER OR PROCEEDING UNDER THE ACT
[See sections 127 and 132; and rule 135]
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.
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.
I/We1 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
hereby authorise2 ••••••.•.•...•.•.•......••.••••...•..•.•.•.••.....
to act on my/our behalf in connection withY
and request that all notices, requisitions and communication relating thereto may be sent to such person at the above address unless otherwise specified.
l!We hereby revoke all previous authorisation, if any made, in respect of same matter or proceeding.
1/We hereby assent to the action already taken by the said person in the above-matter.
Dated this ......................... day of ............. . ........ ./20 ........... .
Signature4 .••••••.•..•••.••••••.•••.•
To The Controller of Patents The Patent Office at ...................... .
To be stamped under the Indian Stamp Act, 1899 (2 of 1899).
THE PATENTS RULES, 2003
82
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
No Fee
FORM 27 THE PATENTS ACT, 1970
(39 of 1970) &
The Patents Rules, 2003 Statement regarding the working of the patented
invention on commercial scale in India [See section 146(2) and rule 131(1)}
1. Insert name. address and nationality.
2. State the year to which the statement relates
3. Give whatever details are available.
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 commercial scale in India for the year2 • . • • • . •.• .• .• .•. •.• •• •
(i) The patented invention : { } Worked { } Not wo~ed [Tick (./}mark the relevant
..; box] • (a) if not worked: reasons for not working and sleps being
taken for working of the invention. (b) If worked: quantum and value (in Rupees}, of the
patented product: i) manufactured m India ii) imported from other countries . {give
country wise details) (ii) the licenses and sub-licenses 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 ..... ... ..... . .........200 ... .. . .. ....
4. To be signed by person(s) giving the statement.
Signature4 .•.•••. . . ... . • •• .•.. . . . • • • •
To The Controller of Patents The Patent Office at . .. .... .. ...... ...... ..
Note; (a) Strike out whichever is not applicable.".
THE PATENTS RULES, 2003
83
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
THE TiilRD SCHEDULE (Rder rule 74)
FORM OF PATENT GOVERNMENT OF fN-DIA
Patent No................... .:.:.·.:,:..•
Application No.,., .. :..·..... ·:-~~ •-·~·:-
Date offiling .................... .
lnventor(s) (\Vhere at:~plicab-le) ...................h .......... ~-.-c.:\';..:.;;...:·;···f~-~-.,•.~...... ··~·~ .... •
it .is .h:f'.reby r;enHJcd tlw! .a (k'lTf'n! has been gr;ml~;:d ro the p&te-ntet.~ tDr an· invention entitl-e-d...............__ .............................................. :;.;•.:.;,;.,~ ·;·.•, as di.sdased. in the above mentioued appUca.ti(Jn for the ten-11 uf 20 years from the... ,., .....day or.. .......... '"- .. i9/20.... ., .. ... . ill accordance with Lhe provisions ofthe Patc:n'l~ Ac4 1970.
Da(e of Grant--·-----~" CdntroHer of Pateuts
(Seal oi'tbe Offi~e) Note. -The fees for renewal of this p~tent~ if it is to be mainiair~ed. ~~-lt fall
due on............ .. day of -~··········· .. ~0 ..... and r.n the same day in e-very year thereafter.
THE PATENTS RULES, 2003
84
\:>I!~ Ill• INTELLECTUAL PROPERTY INDIA
Number of entry
1
1.
2.
3
4
5.
6
7
8
9
THE FOURTH SCHEDULE [See proviso to rule 136 (1)}
Matter in respect of which cost is to be awarded
2
For notrce of opposrtron under sect1ons 25, 57, 60, 63, 78, 87(2) or 88(4),
For application for compulsory hcense under sectrons 84(1), 91 (1) or 92(1), For application for revrsron of terms and condrtrons of hcense, under sectron 88(4)
For notrce of rntentron to attend the heanng under rule 62(2)
Stamp fee for power of attorney, where a patent agent or other person has been appomted or stamp fee 1n respect of relevant affrdav1ts
For wntten statement under rule 57 or reply statement under rule 58 or for each affrdavrt. 1t relevant
For each document or publlcatJon produced m the proceedrngs. rf relevant
For each unnecessary or Irrelevant affrdavrt or c1tatron
For every day or part day of heanng before the Controller
Amount of fees {in Rupees) For For other than
natural natural person(s} person(s) either alone or
3
1,500
1500
1,500
1,500
The amount actually pard
2,500
1,000
1,000
2,500
jointly with natural oerson(s)
4
6,000
6,000
6,000
6,000
The amount actually pa1d
2,500
1,000
1,000
2,500 .