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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



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