Patents Rules, 2003

Contents
Sections	Particulars
	Preamble
Chapter I	Preliminary
1	Short title and commencement
2	Definitions
3	Prescribed particulars
4	Appropriate office
5	Address for service
6	Leaving and serving documents
7	Fees
8	Forms
9	Size, etc., of documents
Chapter II	Application for Patents
10	Period within which proof of the right under section 7(2) to make the application shall be furnished
11	Order of recording applications
12	Statement and undertaking regarding foreign applications
13	Specifications
14	Amendments to specifications
15	Drawings
16	Models
Chapter III	International Applications under Patent Cooperation Treaty (Pct)
17	Definitions
18	Appropriate office in relation to international applications
19	International applications filed with appropriate office as receiving office
20	International applications designating or designating and electing India
21	Filing of priority document
22	Effect of non-compliance with certain requirements
23	The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
Chapter IV	Publication and Examination of Applications
24	Publication of application
24A	Request for publication
24B	Examination of application
25	Identification of published applications
26	Request for withdrawal
27	Inspection and supply of published documents
28	Procedure in case of anticipation by prior publication
28A	Procedure in relation to consideration of report of examiner under section 14
29	Procedure in case of anticipation by prior claiming
30	Amendment of the complete specification in case of anticipation
31	Form of reference to another specification
32	Procedure in case of potential infringement
33	Form of reference to another patent
34	Manner in which a claim under section 20(1) shall be made
35	Manner in which a request may be made under section 20(4)
36	Manner of application under section 20(5)
37	Numbering of applications on the grant of patent
38	Inspection of application, specification, etc.
Chapter V	Exclusive Marketing Rights
39	Filing of application
40	The application for grant of exclusive marketing right
41	Controller to refer application
42	Report of examiner
43	Notifying of grant or refusal of exclusive marketing rights
Chapter IX	Miscellaneous Powers of Controller
44	Personal documents, etc. in relation to inventions
45	Appropriate tests
46	Form for grant of exclusive marketing rights
47	Application for compulsory licence to sell or distribute or for revocation of exclusive marketing rights
Chapter X	Repeal
Chapter VIII	Award of Cost by Controller
48	When a prima facile case not made out
49	Notice of opposition against grant of compulsory licence or revocation of exclusive marketing rights
50	Manner of advertisement of the order for revocation of exclusive marketing rights
51	Application for the revision of the terms and conditions of a licence
52	Procedure to be followed in case of application under rule 51
53	References to public interest
54	Register of exclusive marketing rights
Chapter VI	Opposition Proceedings to Grant of Patents
55	Opposition to the patent
55A	Filing of notice of opposition
56	Constitution of Opposition Board and its proceeding
57	Filing of written statement of opposition and evidence
58	Filing of reply statement and evidence
59	Filing of reply evidence by opponent
60	Further evidence to be left with the leave of the Controller
61	Copies of documents to be supplied
62	Hearing
63	Determination of costs
63A	Request made under section 26(1)
64	Time within which complete specification is to be amended under section 27
65	Procedure to be followed
66	Form of making a request under section 28(2)
67	Form of making a claim under section 28(3)
68	Form of application to be made under section 28(7)
69	Procedure for the hearing of claim or an application under section 28
70	Mention of inventor
Chapter VII	Secrecy Directions
71	Permission for making patent application outside India under section 39
72	Communication of result of reconsideration under section 36(2)
Chapter VIII	Grant of Patents
73	Sealing of patents
74	Form of patent
74A	Form of patent
75	Amendment of patent under section 44
76	Manner of applying for direction under section 51(1)
77	Manner of application under section 51(2)
78	Procedure for the hearing of proceedings under section 51
79	Request under section 52(2)
80	Renewal fees under section 53
Chapter IX	Amendment of Application, Specification or Any Document Relating Thereto
81	Amendment of Application, Specification or Any Document Relating Thereto
82	Preparation of amended specifications, etc.
83	Publication of the amendment allowed
Chapter X	Restoration of Patents
84	Restoration of patents
85	Opposition to restoration under section 61
86	Payment of unpaid renewal fees
Chapter XI	Surrender of Patents
87	Surrender of Patents
Chapter XII	Register of Patents
88	Register of patents under section 67.
89	Registration of documents under section 68
90	Registration of title and interest in patents
91	Presentation of assignment, etc., of patent to Controller
92	Registration of title or interest in a patent
93	Entry of renewal fee
94	Alteration of address
95	Inspection of register of patents under section 72 and fees payable therefor
Chapter XIII	Compulsory Licence and Revocation of Patent
96	Application for compulsory licence etc.
97	When a prima facie case is not made out
98	Notice of opposition under section 87(2)
99	Manner of publication of the revocation order
100	Application under section 88(4)
101	Procedure to be followed in case of applications under section 88(4)
102	Application for termination of compulsory licence under section 94
Chapter XIV	Scientific Advisers
103	Roll of scientific advisers
104	Manner of application for inclusion in the roll of scientific advisers
105	Inclusion of the name of any other person in the roll of scientific advisers
106	Power to relax
107	Removal of names from the roll of scientific advisers
Chapter XV	Patent Agents
108	Particulars to be contained in the register of patent agents
109	Application for registration of patent agents
110	Particulars of the qualifying examination for patent agents
111	Registration of patent agents
111A	Issue of duplicate certificate of patent agents
112	Details to be included in an application for the registration of a patent agent
113	Registration of patent agents under section 126 (2)
114	Disqualifications for registration as a patent agent
115	Payment of fees
116	Removal of a name from the register of patent agents
117	Restoration of name of persons removed from the register of patent agents
118	Alteration of names, etc., in the register of patent agents
119	Refusal to recognise as patent agent
120	Publication of the names of patent agents, registered under the Act
Chapter XVI	Miscellaneous
121	Period within which copies of specification etc. are to be filed
121A	Address of Communications
122	Correction of clerical errors
123	Manner of advertisement of the proposed correction of any error
124	Manner and time of opposition to the making of corrections
125	Notification of corrections
126	Form, etc., of affidavits
127	Exhibits
128	Directions not otherwise prescribed
129	Exercise of discretionary power by the Controller
130	Application for review of decisions or setting aside of orders of the Controller
131	Form and manner in which statements required under section 146(2) to be furnished.
132	Form of application for the issue of a duplicate patent
133	Supply of certified copies and certificates under sections 72 and 147
134	Request for information under section 153
135	Agency
136	Scale of costs
137	Powers of Controller generally
138	Power to extend time prescribed
139	Hearing before the Controller to be in public in certain cases
Schedules
	First Schedule
	Second Schedule
	Third Schedule
	Fourth Schedule