Patents Rules, 2003
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.
1.
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 the Controller.
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