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Patents Act, 1970


159. Power of Central Government to make rules

(1) The Central Government ma by notification on the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the forgoing power, the Central Government may make rules to provide for all or any of the following matters, namely,-

(i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office;

(ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be advertised under this Act;

(iii) the fees which may be payable under this Act and the manner of payment of such fees;

(iv) the matters in respect of which the examiner may make a report to the Controller;

(v) the form of request for the sealing of a patent;

(vi) the form and manner in which and the time within which any notice may be given under this Act;

(vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased;

(viii) the establishment of branch offices of the patent office, and the regulation generally of the business of the patent office, including its branch offices;

(ix) the maintenance of the register of patents and the matters to be entered therein;

(x) the matters in respect of which the Controller shall have powers of a civil court;

(xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act;

(xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115;

(xiii) the manner in which any compensation for acquisition by government of an invention may be paid;

(xiv) the manner in which the register of patent agents may be maintained; the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct;

(xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of specifications and other documents in the patent office, and the inspection of indexes and abridgments and other documents;

(xvi) any other matter which has to be or may be prescribed.

(3) The power to make rules under this section shall be subject to condition of the rules being made after previous publication.



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