Patents Rules, 2003
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.
1.
2.
3.
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.
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