Patents Rules, 2003
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.
1.
2.
3.
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.
1.
2.
3.
4.
5.
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.
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