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Patents Rules, 2003

The Second Schedule

[See rule 8]

Forms

List of Forms

Form No.

Sections and rule

Title

1.

SectIOns 5(2), 7, 54, 135 and rule 39

Application Jar grant of a patent.

l.A

Section 7ClA); rule 20(1)

Applicant for grant of patent on an application corresponding to an International application under PCT.

2.

Section 10; rule 13

Provisional/Complete Specification.

3.

SectlOn S and rule 12.

Statement and undertaking.

4.

SectlOns 8(2), 9(1), 25(1), 28(4), 43(3), 53(3) and rules 12(4), 13(6),24(5), 56(1), 73(3) or 130.

Request for extension for time.

5.

Section 10(6) and rule 13(6).

Declaration as inventorship.

6.

Sections 20(1), 20(4), 20(5) and rules 34(1), 35 or 36.

Claim or request regarding any change in applicant for patent.

7.

Section 25 and rule 55.

Notice of opposition to grant of a patent.

8.

Sections 28(2), 28(3) or 28(4) and rules 66, 67, 68.

Request or claim regarding mention of inventor as such in a patent.

9.

Section 43 and rule 73(1).

Request for sealing of a patent.

10.

Section 44 and rule 75.

Application for amendment of patent.

11.

Sections 51(1),51(2) and rules 76,77.

Application for direction of the controller.

12.

Sectlon 52(2) and rule 79.

Request for grant of palent.

13.

Section 57 and rule 81(1).

Application for amendment of the application for patent/complete specification.

14.

Sections 57(4), 61(1), 63(3), 7S(5) and 87(2) and rules 49(1), 52(3), 81(3)(b), 85(1), 87(2), 98(1), 101(3) Or 124 and also section 87 (2) as modified by section 24C.

Notice of opposition to amendment/restoration/surrender of patent/grant of compulsory licence or revision of terms thereof or to a correction of clerical errors.

15.

Section 60 and rule 84.

Application for restoration of patents.

16.

Section 68 and rule 89.

Application for registration of a document.

17.

Sections 69(1) or 69(2) and rules· 90(1) and 90(2)

Application for registration of title/interest in a patent or share in it or registration of any document purporting to affect proprietorship of the patent.

18.

Sections 84(1), 91 or 92(1) and rules 47, 96 and also sections 84 and 92 as modified by section 24C.

Application licence. for compulsory

19.

Section 11B and Rule 24(1).

Request for examination of application for patent.

20.

Section 85(1) and rules 47, 96, and also section 85(1) as modified by section 24C.

Application for revocation of a patent or exclusive marketing right.

21.

Section 88(4) and rules 51, 100 and also section 88(4) as modified by sectl0n 24C.

Application for revision of terms and conditions of licence.

22.

Section 94 and rule 102(1) and also section 94 as modified by section 24C.

Request for termination of compulsory licence.

23.

Rules 109 and 112.

Application for registration of Patent Agent.

24.

Section 130 (2) and rule 1 17.

Application for the restoration of the name in the register of Patent Agents.

25.

Sections 77(1){I), 77(l)(g) and rules)30(1) or 130(2).

Application for review/setting aside controller's decision/order.

26.

Sections 127, 132 and rule 135.

Form of authorisation of a Patent Agent/or any person in a matter or proceeding under the Act.

27

Section 24A and rule 40.

Application for grant of exclusive marketing rights.

28.

Rule 46.

Form for the grant of exclusive marketing rights.

29.

Section 146(2) and rule 131(1)

Statement regarding the working of the Patented invention.

30.

Section 39

Request for permission for making patent application outside India

FORM 1

The Patents Act, 1970

(39 of 1970)

Application for Grant of a Patent

(See sections 5(2), 7, 54 and 135; rule 39)

I. Repeat the columns (a) to (c) if there are more than one applicant.

1. I/We, 1 ..

 

(a)2 ____________________

 

(b)3 _____________________

 

(c) 4 ____________________________

2. Insert the name in full. The family or principal name in the beginning if the applicant is a natural person.

(a) 2 ____________________________

 

(b) _____________________

 

(c) 4 __________________________

 

(a) 2 ____________________________

 

(b) _________________________

 

(c) 4 _______________________________

3. Insert the complete addresses including postal index number/code and state and/or country.

2. hereby declare-

4. Insert the nationality .

(a) that I am/We are in possession of an invention titled ___________________________________________

 

(b) that the provisional/complete specification relating to this invention is filled with this application.

 

(c) that there is no lawful ground of objection to the grant of a patent to me/us

5. Repeat the columns (a) to (c) if there are more than One inventor.

3. further declare that the inventor(s) for the said invention Is/are 5 _______________

6. Insert the name In full.

(a) (i) _____________________________

(b)___________________________________

Family or principal name in beginning.

7.____________________________________________

7. Insert the Complete address including the postal code, state and/or country.

(c)8._____________________________________

____________________________________________________________

8. Insert the nationality.

4. l/We, claim the priority from the application(s)

filed 10 convention countries, particulars of which

are as follows: 9. _________________________________

9. Repeat the columns (a) to (c) if there are more than one application.

(a), 10. ______________ _

(b). 11. _____________ _

 

10. Name of the country.

(c). 12. ______________ _

 

11. Application number

(d).13. __________ ~ _ _

 

12. Date of application.

(e). 14. ______________ _

and declare that above application or each of the

above applications -was the first application(s) in a

convention country countries in respect of my/our

invention ..

13. Applicant In convention country.

5. I/We state that the said invention is an

improvement in or modification of the invention,

the particulars of which are as follows and of

which JIW e are the applicant/patentee:

14. Title of the invention in the convention country

(a). 1~. ______________ _

(b). 16. _____________ _

15. Application number or patent number.

6. I/We state that the apphcation is divided out of

my/our application, the particulars of which are

given below and prey that this application deemed

to have been filed on _________ _

under section 16 of the Act.

16. Date of application or date of patent.

(a). 17. ______________ _

17. Application number including published serial number, if any.

(0). ]8, ______ and ______ _

18. Date of filing of provisional Specification and or complete specification.

8.That my/our address for service in India is as follows: 19, _____________ _

19. Complete address including postal index number/code and state along with Telephone and Telefascimile number(s)

9. Following declaration was given by the inventor(s) or applicant(s) in the convention country:

20. Repeat the columns (a) to (c) if necessary

I/W e the true and first inventors for this invention

or the applicant(s) in the convention country

declare that the applicant(s) herein is/are my/our

Assignee or legal representative. 20 ...

21. Signature of the true and first inventor(s) or applicant in the convention country with date.

(a) 6 .• 13. ____________ _

Name of the natural person. Should also be given below the signature.

(b) 7 ..

 

(c) 3 ..

 

(---~-----------~-- ) 21

 

10. That to the best of my/our knowledge, information and belief the fact and matters stated herem are correct and that there is no lawful ground of objection to the grant of patent to me/us on this application.

 

11. Following are the attachments with the application:

 

(a) Provisional/complete specification (3 copies)

 

(b) Drawings (3 copies)

 

(c) Priority docurnents(s)

 

(d) Statement and Undertaking on Fonn-3

 

(e) Power 0 f Authority

 

(f) ............................................. ..

 

(g) .............................................. .

 

(h) .... , ..... ,., .... , ............ , ............... .

 

(i) Fee Rs. ............... in Cash/Cheque/Bank

 

Draft bearing No ............. date .............. ..

 

on ................................. Bank.

 

l/We request that a patent may be granted to me/us for the said invention

 

 

22. To be signed by the applicant(s) or by his authorised patent agent.

Dated this ............ day of.............. 20……….

Signature…………. 22 ...

23. Name of the natural person who has signed.

(------------------------------ )

 

To

 

The Controller of Patents,

 

The Patent Office,

 

At ......................................................... .

Note: (a) Strike out which ever 15 an applicable

(b) For fee: see First Schedule

Form IA

The Patents Act, 1970

(39 of 1970)

Application Corresponding to an International

Application for Grant of a Patent

[See Section 7(1a); Rule 20(1)]

1. Repeat the columns (a) to (c) if there are more than one applicants.

1. I/We, 1____________________

2. Insert the name in full. The family or principal name in the beginning if the applicant is a natural person.

(a) 2 ____________________________

3. Insert the complete addresses including postal index number/code and state and/or country.

(b)3 ____________________________

4. Insert the nationality.

(c) 4 ________________________

5. Insert international application number.

(a) 2 ________________________

6. Insert international filing date as allotted by the Receiving Office.

(b)3 ___________________

7. Repeat the columns (8) to (c) if there are more than one inventor.

(C)4 _______________________

8. Insert the name in full. Family or principal name in the beginning.

(a)2 _________________________

9. Insert the complete address including the postal code, state and/or country.

(b)3 ___________________________

 

(c) 4 ______________________

 

2. hereby declare·

10. Insert the nationality.

(d) that I am/We are in possession of an invention titled ______________

11.Repeat the columns (a) to (e) if there are more than one applications.

(e) that my/our application In India is based on the international application under PCT no.' ........................... date6

12. Name of the country.

(C)10. ____________ _

13. Application Number

4. I/We, claim the priority from the application(s) filed in convention countries, particulars of which are as follows: 11. _________________

14. Date of application.

(a). 12. _______________________

15. Applicant In convention country.

(b). 13. _____________________

16. Title of the invention in the convention country

(c). 14. _________________________

17. Application number or patent number.

(d). 1:5. ________________________

18. Date of application or date of patent.

(e). 16. ________________________ and declare that above application or each of the above applications was the first application(s) in a convention country/countries in respect of my/our invention.

19. Complete address including postal index number/code and state along with. Telephone and Telefascimile number(s)

5. I/We state that the said invention is an improvement in or modification of the invention, the particulars of which are as follows and of which I/We are the applicant/patentee:

 

(3).\7. _______ _

 

(b). 15, _______ _

 

6. That I am/We are the assignee(s) or legal representative(s) of the true and first inventors.

20. Repeat the colunms (a) to (c) if necessary

7. That my/our address for service in India is as follows: 19. __________________

 

8. Following declaration was given by the inventor(s)

or applicant(s) in the convention country:

 

21. Signature of the true and first inventor(s) or applicant in the convention country with date.

I/We the true and first inventors for this invention

or the applicant(s) in the convention country

declare that the applicant(s) herein is/are my/our

assignee or legal representative

20 ...

Name of the natural person should also be given below the signature.

(3) 8 •. IS. ____________ _

 

(b) 9 ••

 

(c) 10 •• ____________ _

 

( ________ - _______ ) 2]

 

9. That to the best of my/our knowledge, information and belief the fact and matters stated herein are correct and that there is no lawful ground of objection to the grant of patent to me/us on this application.

 

11. Following are the attachments with the application:

 

(j) Complete Specification in confirmation with the international application/as amended before the IPEA, if any.

 

 

 

 

 

(k) Drawing(s) in confirmation with the international app1ic3tion/as amended before the !PEA. if any

 

 

 

 

 

(a)Statement and Undertaking on Fonn-3.

 

(b) Power of Authority

 

(c) _________________________________________

 

(d) ______________________________________

 

(e) ________________________________________

 

(f) ______________________________________

 

Fee Rs._______________ In Cash/Cheque/Bank Draft

 

bearing No ______________date __________

 

On___________________ Bank.

 

l/We request that a patent may be granted to me/us for the said invention

22. To be signed by the applicant(s) or by his authonsed patent agent.

Dated this___________ day of _____________20

Signature

23. Name of the natural person who has signed.

(________________________)

 

To

 

The Controller of Patents,

 

The Patent Office,

 

At ........................................................ ..

Note:

(a) Strike out whichever IS not applicable

(b) For fee: see the First Schedule

Form 2

The Patents Act, 1970

(39 of 1970)

Provisional / Complete Specification

(See Section; Rule 13)

1. Title of the invention.

1. 1 ___________________

2. Repeat the columns (a) to (c) if there are more than one applicant.

2.2. (a).3 _______________

3. Insert the name in full.

(b). 4 _____________________

The family or principal name in the beginning if the applicant is a natural person.

(c). 5 _____________________

4. Insert the complete address including postal index number/code, state and country.

(a). 3 _______________________

5. Insert the nationality.

(b). 4 _____________________

6. Strike out in case of provisional specification.

(c). 5 _____________________

7. Description of the invention.

The following specification (particularly) ' ... describes the nature: of this invention (and the manner in which it is to be performed) 6 :_

Description shall start from the second page.

_____________________________

8. Inapplicable In case of provisional specification.

4. I/ We claim: -

9. To be signed by the applicant or his authorised registered patent agent.

Dated this _________day of _______________20

Signature

10. Name of the natural person who has signed.

(______________________________________-)

11.

(a) Not applicable In case of provisional specification

________________

Abstract of the invention.

(b) Separate sheet to be used for this column.

 

Note: Strike out whichever is not applicable

 

FORM 3

The Patents Act 1970

(39 of 1970)

Statement and Undertaking under Section 8

(See section 8; rule 12)

1. Name, address and nationality of the applicant(s).

I/We _______________________

hereby declare:

2. Name, address and nationality of the person

(i) that I1We who have made this application No. Dated___ alone/jointly With___________________________________ made for the same/substantially same invention application(s) for patent in the other countries, the particulars of which are given below:

Name of the country.

Date of application

Application No.

Status of the

application

Date of publication

Date of grant

 

 

 

 

 

 

3. Name and address of the assignee

(ii) that the rights in the application(s) has/.have been assigned to. 3.

(iii) that I/We undertake that up to the date of acceptal1ce of the complete specification by the Controller, I/We would keep him informed writing the details regarding corresponding applications for patents filed outside India within three months from the date of filing of such application.

Dated this_____________ day of__________ 20

 

4. To be signed by the applicant or his authorised registered patent agent.

SIgnature .. 4 ..

( )

5. Name of the natural person who has signed.

To

 

The Controller of Patents,

 

The Patent Office,

 

At_________________________________

Form 4

The Patents Act, 1970

(39 of 1970)

Request for Extension of Time

[See Sections 8(2), 9(1), 25(1), 28(4), 43(3), 53(3);

Rules 12(4), 13(6), 24(5), 56(1), 73(3) and 130]

1. Name, address and nationality of the applicant.

I/We.

 

1. ___________________________________________________________

Hereby request for extension of time for month(s} under Section/Rule in connection with my lour application I Patent No. ____

The reasons for making the request are 35 fol1ows: -

 

Dated this ................... day of ............................................ 20

2. To be signed by the applicant or his authorised registered patent agent.

______________________________________________________

 

Signature

( _____________________________)

3. Name of the natural person who has signed

________________________________________________

 

To

The Controller of Patents,

The Patent Office,

At ......................................... ~ ................ ..

Note: For fee: see First Schedule.

 

Form 5

The Patents Act, 1970

(39 of 1970)

Declaration as To Inventor ship

[See Section 10(6); Rule 13(6)]

1. Name(s) of the applicant(s).

I/We.

1 ... _______________________________________________-

hereby declare that the true and first inventor(s) of the invention disclosed in the complete specification filed in pursuance of my/our application numbered

2. Repeat the column (a) to (c) if there are more than one inventor.

dated ___________________________________ is/are:

3. Insert the name in full. The family name or principal name m the beginning.

(a). 3. ____________________________________________

4.1nsert the complete address.

(b). 4. ___________________________________________________

5. Insert the nationality.

(c). 5. _______________________________________________________________________________________________

 

Dated this _______________day of ___________________20

6. To be signed by the applicant or his authorised registered. Patent agent.

Signature

( ).

7. Name of the natural person who has signed

7_______________________If any person named as inventor at above is not so named in the application. he must sign the following statement -

I assent to the invention referred to in the above declaration, being included in the complete specification filed in pursuance of the stated application.

8. To be signed by the inventor.

Signature

( )

 

To

The Controller of Patents,

The Patent Office,

At__________________________________

Note: - Strike out whichever is not applicable,

Form 6

The Patents Act, 1970

(39 of L971)

Page 53

Claim or Request Regarding any Change in Applicant for Patent

[See Sections 20(1), 20(4) and 20(5); Rules 34(1), 35 and 36]

1. Repeat the columns (a) to (c) if there are more than one applicant

1.I/We I, _____________

2. Insert the name in full The family OT principal name in the beginning if the applicant is a natural person.

(a) 2 ______________________ _

3. Insert the complete address including postal index number/code and state and/or country.

(b) 3 __________ _

4. Insert the nationality.

(c) 4__________________________

5. State the name of the applicant(s) for patent.

hereby request that the application for patent No.

................................ dated ....................made by. s ____________ _

may proceed in my/our name and further request that

direction of the Controller, if necessary be made in

That effect.

6. Original and certified copies of the: documents shall accompany the claim or request.

Reasons for making the above request are as follows:-______________________________________________

I furnish the following document(s) In support of my

above request Consent by the legal representative of the deceased joint applicant, if required .

7. Insert the details of the documents.

(a) .7. ___________________

(b) .7. _____________________

(c) .7. ______________________

8. Complete address including postal index number/code and state along with Telephone and Telefacsimile number(s).

My/our address for service in India is a. ______________________________________________

9. To be signed by the applicant(s) or· authorized registered patent agent.

Dated this ................ day of ……………. 20

 

10. Name of the natural person who has sigoed.

Signature 9

( )

 

To

The Controller of Patent,

The Patent office,

At …………………………………………………….

Note: This form is not applicable for more change of mean

(a) Strike out whichever is not applicable

(b) For fee:- See First Schedule

 

Form 7

The Patents Act, 1970

(39pf 1970}

Notice of Opposition to Grant of a Patent

[See Sections 25; Rule 55]

1. S1atc: names. address and Nationality.

1.I/We 1.__________________________

hereby give notice of opposition to the grant of a patent on application for Patent No___________________________

(Serial No________________ ) dated __________________

Made by ____________________________

2. State the grounds taken one after another.

on the grounds 2. ___________________

3. Complete address including postal index number/code

and state along with Telephone and Telefacsimile number.

My/Our address for services in India is __________________________________________________________

4. To be signed by the opponent or by his authorized registered patent agent.

_________________________________________

5. Name of the natural person who has signed.

Signature

(__________________________________)

 

To

The Controller of Patents,

The Patent Office,

At ....................................................................

For fee: see First Schedule.

Form 8

The Patents Act, 1970

(39 of 1970)

Request or Claim Regarding Mention of Inventor as Such in a Patent

[See Sections 28(2), 28(3) and 28(4); Rules 66, 67 and 68]

1. State 1l3DleS, address and nationality of the person making this application.

I/We_________________________________________

hereby state/claim that the following person(s) be Mentioned as Inventor (S) in the patent application No.................................................. dated _________

2. Insert the name of the person mentioned as inventor.

Hereby, declare that

2 ____________________________________ought not to have mentioned as inventor in the application for Patent No. _____________dated _______________made by_______________ and I/We hereby apply for a certificate to that effect.

 

2. A Statement setting out the circumstances under which this application is made is attached together with the copy/copies thereof as required under the Rules.

3. Complete address including postal index number/code and state along with Telephone and Te1efacsimile number(s).

My/Our address for service in India IS ________________________________________________________

4. To be signed by the applicant or his authorised registered patent agent.

Dated this ......................... day of ........................... 20

5. Name of the natural person who has signed.

Signature

( )

 

To

The Controller of Patents.

The Patent Office,

At .....................................................................

Note: For fee: see First Schedule.

Form 9

The Patents Act, 1970

(39 of 1970)

Request for Sealing of a Patent

[See Section 43; Rule 73(1)]

1. State the name of the applicant(s).

I/We. ___________________________________________

_______________________________

request that a patent may be sealed on my/our application No .___________ dated___________ serial No._________ and declare that no proceeding in relation to that application is pending before the Controller or the High Court.

That to best of my/our knowledge, Information and behalf the facts and matters stated herein are correct and that there 18 no lawful ground of objection to the grant of a patent to me/us on thus application.

2. To be Signed by the applicant or his authorised registered patent agent.

Dated this ________________ day of _______________ 20

3. Name of the natural person who has signed.

Signature

(____________________________________)

 

To

The Controller of Patents,

The Patent Office,

At ......................................................

Note:· For fee see First Schedule

Form 10

The Patents Act, 1970

(39 of 1970)

Application for Amendment of Patent

[See Section 44; Rule 75]

1. Repeat the columns (a} to (c) if there are more than one applicant.

I/We __________________________________

(a).2. ________________________________________

(b).3. ________________________________________

(c).4. ________________________________________

2. Insert the name in full. Family or principal name in the beginning if the applicant is a natural person.

(a) 2._______________________________________

(b) 3. _________________________________

(C) 4.________________________________________

3. Insert the complete address including postal index number/code and state and/or country.

(a) 2. ________________________________________

(b)3. _____________________________________

(C) 4. ____________________________________

hereby request that Patent No._________________________ dated ________________________granted to ________________________________may be amended by substituting my/our name for the name of the grantee and m support to my/our request, I/We furnish the following documents :

4. Insert the nationality

_____________________________

5. Complete address including postal index number/code and state along with Telephone and Telefacsimile He number(s).

My/our address for service in India is.________________________________________

6. To be signed by the applicant(s) or his authorised registered patent agent.

Dated this _______________ day of_________ 20

7. Name of the natural person who has signed.

Signature

(_______________________________________)

 

To

The Controller of Patents,

The Patent Office

At……………………………………………..

Note: - For fee : see First Schedule

Form 11

The Patents Act, 1910

(39 of 1970)

Application for Direction of the Controller

[ See Section 51(1) and 51(2); Rules 76 and 77]

1. State the name in full address and I/We nationality.

I_________________________________________________ hereby apply for the following direction in respect of patent No ..................................... dated ..................granted to........................................

The reasons for making the application are as follows : ___________________________________________

2. Complete address including postal index number/code and state along With Telephone and Telefacsmile number(s).

My/Our address for service In India is__________________________________________

3. To be Signed by the applicant(s) or his authorised registered patent agent.

Dated this___________ day _____________20

4. Name of the natural person who has signed.

Signature

(______________________________)

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note: - Far fee: see First Schedule

Form 12

The Patents Act, 1970

(39 of 1970)

Request for Grant of Patent under Section 52(2)

[See Section 52(2); Rule 79]

1. Repeat the columns (a) to (c) if there are more than one applicant

I/We. 1._____________________________________________

2. Insert the name in full Family or principal name In the beginning If the applicant 15 a natural person.

(a).2 _________________________________________

3. Insert the complete address Including postal code and state and/or country.

(b) .3 ___________________________________________________

4. Nationality of the person.

(c) .4 _________________________________________________________

5. Name of the High Court.

hereby declare :

(i) that J/We made a petition under Section 64 of the Act before the High Court t of ____________________and the details of the patent and the petition are given below:

Patent No. ________________dated____________

Grantee / Patentee _______

Petition No _________dated _______________

(ii) that I/We have claimed to be the true and first inventor(s)/assignee(s)/legal representative(s) of

6. Name, address and nationality of the true and first inventor.

_______________________________

7. Complete address including postal index number code and state along With Telephone and Telefacsmile number(s).

___________________________________

8. To be signed by the

Signature

(______________________________)

Form 13

The Patents Act, 1970

(39 of 1970)

Page 61

Application for Amendment of the Application for Patent / Complete Specification

[See Section 57; Rule 81(1)]

Name, address and nationality of the applicant(s).

I/We._________________________________ request leave to amend the application/complete specification with respect to application for patent No.___________________ dated _______________as highlighted in the copy hereto annexed.

My/Our reasons for making this request are as follows: -____________________________________________

I/We declare that no action for infringement or for the revocation of the patent in question is pending before a Court.

IIW e declares that the facts and matters stated herein me true to the best of my/our knowledge information and belief.

Dated this ________________day of________20

2. To be signed by the applicant(s) or patentee(s) by his authorized registered patent agent.

Signature.

(______________________________________)

3. Name of the natural person who has signed.

_______________________________

 

To

The Controller of Patents,

The Patent Office,

At________________________________________

Note : For fee: see First Schedule.

Form 14

The Patents Act, 1970

(39 of 1970)

Notice of Opposition to Amendment / Restoration /Surrender of Patent/Grant of Compulsory Licence or Revision of Terms Thereof or to Correction of Clerical Errors

I See Sections 57(4), 61(1), 63(3), 78(5) and 87(2) Rule 49 (1), 52(3), 81(3) (B), 85(1), 87(2), 98(1), 101(3) and 124 and also Sections 87(2} as Modified by Section 24c]

1. State the Dame, address and nationality.

I/We. _____________________________________________________ hereby give notice of opposition: -

to the amendment of the application/!;pec1flcation with respect to application for Patent No. dated _____________

OR

To the application for restoration of Paten t No. ________dated ________________

OR

To the offer to surrender the Patent No. _____________dated ____________________

OR

For the grant of compulsory licence. endorsement of patent or Revocation of Patent No ___________dated __________

OR

for the revision of the terms and conditions of licence in Respect of Patent No. ___________dated _____________

OR

For correction of a clerical error JO Patent No._________dated ___________I Specification No __________ dated _____________ in respect of Patent No. ________________ dated _______________or Patent application No _________________dated ______________

The grounds in which the said opposition is made are & Follows:___________________________________________

2.Complete address including postal index number/code and state along with Telephone and Telefacsimile number(s).

My I Our address for service in India is _______________________________

Dated this_____________ day of _________________ 20

3. To be signed by the opponent or his authorised registered patent agent

Signature. 3

(________________________________________________)

4. Name of the natural person who has signed.

______________________________________________

 

To

The Controller Patents

The Parent Office,

At ..................................................

Note: -

(a) Strike out whichever is not applicable

(b) For fee: see First Schedule.

Form 15

The Patents Act, 1970

(39 of 1970)

Application for the Restoration of Patent

[See Section 60; Rule 84]

1. Insert the name, address, nationality of the applicant(s).

I/We. I___________________________________

hereby apply for an order of the Controller for the restoration of Patent No _______________ dated_____granted to______________________ The circumstances which led to the failure to pay the renewal fee for the year ________________On or before______________ are as follows:

I/We declare that I/We have not signed the patent to any other person(s) and that the facts and matters stated herein are true to the best of my/our knowledge information and belief.

Dated this _____________day of ________________20

2. To be signed by the applicant(s) or by his authorised registered patent agent.

Signature

(____________________________________)

3. Name of the natural person who has signed.

To

The Controller of Patents,

The Patent Office,

At _________________________________

Note: For fee: see First Schedule.

Form 16

The Patents Act, 1970

(39 of 1970)

Application for Regis Ration of a Document

[See Section 68; Rule 89]

1. Insert the name, address and nationality .

I/We.____________________________________________

Here by apply for the registration of a document the details of Which are given below, In respect of Patent No.____________________dated_______________granted to _______________________And of which the patentee is __________________in the register of patents.

Dated this_____________ day of __________20

2. To be signed by the applicant(s) or by his authorised registered patent agent.

Signature

(____________________________________)

3. Name of the natural person who has signed.

____________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________________

Note: For fee: see First Schedule.

Form 17

The Patents Act, 1970

(39 of 1970)

Application for Registration of Title/Interest in a Patent or Share in it or Registration of any Document Purporting to Affect Proprietorship of the Patent

[See Sections 69(1), 69(2); Rules 90(1) and 90(2)]

I. Insert the name, address and nationality of the applicant(s ).

I/We. ________________________________________________

hereby apply that my/our name(s) may be registered in the register of patent as a person nettled to the patent/a share in the patent/interest in the patent details of which are specified below:

Patent No __________________dated_____________

Grantee____________________Patentee_________________________and in proof thereof we transmit the accompanying.

2. A deception of the nature of the: document, giving the date and the I1a.mfS, address and nationality of the parties thereto.

2.__________________________ W1th a certified copy thereof.

OR

Transmit here with an attested copy of. 2 . ___________________________________in respect of Patent No(s).

____________________dated ____________________

granted to __________________________

of which the patentee is ___________________ as

well as the original document for verification and I/We

hereby apply that a not notification thereof may he entered In the register of patents.

3. Complete address including postal code and state along with Telephone and Telefacsimle number(s).

My/Our address for Service in India is._____________________________________________________

Dated this_____________ day of __________20

4. To be Signed by the applicant or his authorised registered patent agent.

Signature

(____________________________________)

5. Name of the natural person who has signed.

______________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________________

Note: -

(a) For fee: see First Schedule.

(b) Strike out whichever is not applicable

Form 18

The Patents Act 1970

(39 of l970)

Application for Compulsory Licence

[See Sections 84(1), 91, 92 (1); Rules 47 and 96 and also Section 84 and 92 as Modified by Section 24C]

1. Name, address and nationality of the applicant(s).

I/We________________________________________

hereby apply for the grant of a compulsory licence under Patent No _____________________dated_____________ granted to ___________________for which the patentee is_____________ on the following grounds, namely:

I/W e declare that the facts and matters stated herein are true to the best of my/our knowledge, information and belief. The details of documentary evidence in support of my/our interest and the grounds stated above are given below :

2. Certified copies of the documents are to be enclosed in duplicate.

(a) ____________________________

(b) _____________________________

(c) __________________________________

3. Complete address including postal code and state along with telephone and facsimile number(s).

My/our address for service in India is: ______________________________________________

Dated this ______________________ day of _____________20__

4. To be signed by the applicant(s) or by his authorised registered patent agent.

Signature

(________________________________________________________)

5.Name of the natural person who has signed.

________________________________________________________

 

To

The Controller of Patents,

The Patent Office,

At_______________________________

Note: For fee: see First Schedule.

Form 19

The Patents Act, 1970

(39 of 1970)

Request for Examination of Application for Patent

[See Section 11b; Rule 24(1)]

1. State the name, address and nationality.

I/We _________________________________hereby request that my/our/the application for patent No __________________filed on _______________for the· invention _______________shall be examined under sections 12 and 13 of the Act.

I/We hereby declare that l/we the applicant(s) for Patent /person(s) interested for/about the above mentioned application for patent.

As an evidence of my/our interest in the application for patent I/We hereby transmit the following documents:

2. Certified copies of the documents are to be Clc10sed in duplicate in case the request is filed by a person other than the applicant.

(a) ______________________________

(b)______________________________

(c) ______________________________

3. Complete address including postal index number/code and state along with telephone, Telefacsimile number(s) and e-mail address.

My/our address for service in India is ____________________________________________

Dated this _______________day of ___________ 20

4. To be signed by the applicant(s) or his authorised registered patent agent.

Signature

(_________________________________________)

5. Name of the natural person who has signed.

________________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note :-

(a) For fee: see First Schedule.

(b) Strike out whichever IS not applicable

Form 20

The Patents Act 1970

(39 0f 1970)

Application for Revocation of a Patent or Exclusive Marketing Right

[See Section 85(1); Rule 47 and 96, and also Section 85(1) as Modified by Section 24c.]

1. Name, address and nationality of the applicant(s).

l/We_____________________________________________

hereby apply for revocation of Patent No/Exclusive(Marketing Right No__________________ dates granted to _______________________ For which the patentee/applicant for paten is ____________________________for the following reason, namely:______________________________________________________

2. Stale the nature of the applicant's interest, the facts on which he relies and the grounds on which the application is made.

________________________________The details of documentary evidence in support of my/our interest and the reasons stated above are given below :

3. Certified copies of all the documents are to be enclosed in duplicate.

(a) __________________________________

(b) ___________________________________

(c) ___________________________________

I/We declare that the facts and matters stated herein are true to the best 0 f my/our knowledge, information and belief.

4. Complete address including postal index number’s code and state along with telephone and telefacsimile number(s).

My/Our address for service in India is____________________ Dated this __________________ day of ________________20

5. To be signed by the applicant(s) or by his authorised registered patent agent.

Signature

(_________________________________________)

6. Name of the natural person who has signed

_______________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note:

(a) For fee: see First Schedule.

(b) Strike out whichever is not applicable

Form 21

The Patents Act, 1970

(39 of 1970)

Application for Revision of

Terms and Conditions of Licence

[Sec Section 88(4); Rules 51 and 100 and also Section 88(4) as Modified by Section 24c.]

1. Name, address and nationality of the applicant(s).

I/We ___________________________________

hereby declare :

(I) that Patent No ____________________ dated ____________was grant to ________________for which the patentee ‘S ________________________

OR

that Patent application No _____________dated __________ was filed by ________________on which Exclusive Marking Rights No ___________dated __________________was granted.

(II) that I/We am/are holding licence under the patent or Exclusive Marketing Rights, granted by the Controller by an order dated ________________

(III) that the terms and cond1bons settled by the Controller have proved to be more onerous than originally expected and we are unable to work the invention.

(IV) that the Circumstances m winch thus application IS made are set forth m the accompanying statement In duplicate.

I/ We request the Controller to revise the terms and Conditions of the licence.

Dated this______________ day of ______20___

2. To be signed by the applicant(s) or by his authonsed registered patent agent

Signature

(_________________________________________)

3. Name of the natural person who has Signed.

_______________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note :

(a) For fee: see First Schedule.

(b) Strike out whichever is not applicable.

FORM 22

THE PATENTS ACT, 1970

(39 of 1970)

REQUEST FOR TERMINATION OF COMPULSORY LICENCE

[See section 94; rule 102(1) and also section 94 as modified by section 24C]

1. Name, address and nationality of the applicant(s).

I/We ________________________________hereby apply for the termination of the compulsory hence granted to _____________________by the order of the Controller dated ____________________ under patent No/ E.M.R No __________________dated ________________granted to ______________for which the patentee/applicant for patent is__________________________________________

I/we declare that 1 am /We are the patentee for the above mentioned patent/EMR holder on the application for patent No ________________

I/we declare that I/we derive/title interest in the patent/EMR.

I/we make the above mentioned request for. termination on the following grounds, namely:_______________________________________

2. Certified copies of the documents are to be enclosed m duplicate.

I/we declare 'that the facts and matters stated herein are true to the best of my/our knowledge, information and belief.

The details of documentary evidence in support of my/our interest and the grounds stated above are given below:

(a)_________________________

(b)________________________

(c) __________________________

3. Complete address including postal code and state a10ng With telephone and facsmile number(s).

My/our address for service In India

 

 

Dated this____________ day of _________20___

 

4. To be signed by the applicant(s) or by his authorised registered patent agent.

Signature

(_________________________________________)

5. Name of the natural person who has signed.

_____________________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note.

(a) For fee see First Schedule.

(b) Strike out whichever is not applicable

 

Form 23

The Patents Act, 1970

(39 of 1970)

Application for Registration of Patent Agent

[See rules l09 and 111]

1. Certificate testifying to the character of the applicant should be from a person not related to him and being a Gazetted Officer or any other Person whom the Controller thinks fit.

I beg to apply for registration as a patent agent under the Patents Act. 1970

A certificate of character From ___________is enclosed here with.

I hereby declare that I am not subject to any of the dis-qualifications specified m rule 114 of the Patents Rules 1972 and that the information given below is true to the best of my knowledge and belief.

2. Family or principal name in the beginning.

1. Name: _____________________________

2. Address/place of residence:

3. Principal place of business:

 

4. Address of the branch office if any:___________

_________________________________________

5. Father's Name:________________________

6.Nationality: _____________________________

7. Date and Place of birth:_____________________

8.Occupation: _____________________________

3. Either original certificates and other documents or copies thereof duly attested by the Gazetted Officer or any other person Whom the Controller thanks fit must be sent With the application.

9. Particulars of qualification for registration as patent agent.

(a)___________________________

(b)____________________________

(c) ____________________________

Dated this ______________day of _______20 ____

4. To be signed by the applicant.

Signature

(_________________________________________)

5. Name or the natural person who has 8igned.

_________________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note: For fee: see First Schedule

Form 24

The Patents Act, 1970

(39 of 1970)

Application for the Restoration of the Name in the Register of Patent Agents

[See Section 130 (2); Rule 117]

 

I ___________________ here by apply for the restoration of my name to the register of patent agent which was removed on ______under section 130 of the Act. My name was originally entered in the register on ___________under No___________

Dated this _____________day of ______20______

1. To be signed by the applicant.

Signature

(_________________________________________)

2. Name of the natural person who has signed.

_________________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note: For fee: see First Schedule

Form 25

The Patents Act, 1970

(39 of 1970)

Application for Review/Setting Aside Controller's Decision order.

[See sections 77(1)(f) ad 77(l)(g) and rules 130(1) and 130(2)]

1. State the number of patent or patent application number and the relevant proceeding.

In the matter of ______________________________

2. Name, address and nationality of the applicant(s).

I/We ________________________________being the applicant(s)/opponent party in the above matter hereby apply for the review/setting aside of the Controller's decision/order dated the________ in the above matter.

The grounds for making the application are set forth in the accompanying statement submitted in duplicate.

Datedthis_______dayof___________________20_______

3. To be signed by the applicant(s) or his authorised registered patent agent.

Signature

(_________________________________________)

4. Name of the natural person who has signed.

_________________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note: For fee: see First Schedule

FORM 26

The Patents Act, 1970

(39 of 1970)

Form of Authorization of a Patent Agent/or any Person in

A Matter or Proceeding under the Act

[See sections 127 and 132,' rule 135]

1. Insert name, address and nationality.

I/We___________________________________________

2. Insert the name, address and nationality of the person {s) to be authorized.

hereby authorise _____________________________to act on my/our behalf in connection with

3. State the particular matter or proceeding for which the authorisation is made.

______________________________________________________________________________________________and request that all notices, requisitions and communication relating thereto may be sent to such person at the above address unless otherwise specified.

I/We hereby revoke all previous authorisation, if any made, in respect of same matter or proceeding.

I/We hereby assent to the action already taken by the said person in the above-matter.

Dated this __________day of __________20 _____

4. To be signed by the person(s) making this authorisation.

Signature

(_________________________________________)

5. Name of the natural person who has signed along with designation and official seal, if any.

_________________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

To be stamped under the Indian Stamp Act, 1899 (2 of 1899).

Form 27

The Patents Act, 1970

(39 of 1970)

Application for Grant of Exclusive Marketing Rights under Section 24b

[See section 24A and rule 40]

(To be made in triplicate)

1. Repeat the columns (a) to (c) if there is more than one applicant.

I/We ______________________________________

(a)________________________________________

(b) _______________________________________

(C)_______________________________________

2. Insert the name in fun. The family or principal name in the beginning if the applicant is a natural person.

(a)_______________________________________

(b) _________________________________________

(C)_______________________________________

3. Insert the complete address including postal· index

number/code and State and/or country.

(a)_______________________________________

(b) _________________________________________

(C)_______________________________________

hereby declare

4. Insert the nationality.

______________________________________

5. Insert title of the invention.

(a) that I am/we are in possession of an invention titled_________________________________________

(b) that an application for protection of an invention has been made in India on the following official date with application number, namely:

6. Insert application number of the invention.

No.___________________________________________________

7. Insert official date of application made in India.

On________________________________________

(c)that I/We had made an application(s) for the protection for an identical invention/inventions in the convention country/countries and patent/patents has/have been granted for same invention/inventions, and patent number/numbers with official date/dates are as follows:

In.____________________________________________

8. Insert patent number/numbers of convention country/countries in which patent(s) has/have been granted.

No.___________________________________________

9. Insert the official date of patent(s) granted.

Dated:__________________________________________

OR

(d) that I/We had made an application for protection of a process patent in India having patent application number ________________and a patent thereon has been granted in India and an application for a patent for a product obtained by that process has been made in India under rule 39 vide No._________ Dated. ____________

(e) that l/We have been granted marketing approval for the product of the invention in convention country/countries on the basis of appropriate tests conducted on or after 01.01.1995.

10. Insert name of the convention Country/countries.

In._______________________________________

11. Insert official date/dates of marketing approval on the basis of appropriate tests.

On.________________________________________

12. Name and address of the competent authority.

By._____________________________________________

(f) that I/We have obtained approval for marketing of the said product from appropriate authority in India

13. Insert the name of the product.

For_________________________________________

14. Insert approval number/numbers obtained from Government of India.

No._______________________________________

(g) that I/we believe that I am/we are entitled to a exclusive marketing right for the said product having regards to the provisions therefore in the law for the time being in force.

15. Insert official date/dates of approval of Government of India.

3, I/We request -that I1we may be granted an exclusive marketing right for the said product. In support of my/our request I/we hereby furnish the following documents:

16. Original or certified copies of all the documents should be furnished.

(a) _________________________________

(b) _______________________________

(c) _________________________________

4. I/We request that all notices requisition and communications relating to this application may be sent to:

Dated this _____________day of __________20 ______

17. To be signed by applicant(s) or by an authorized Patent Agent.

Signature

(_________________________________________)

18. Name of the natural person who has signed.

_________________________________________

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note:

(a) Strike out whichever is not applicable.

(b) For fee: see First Schedule.

Form 28

The Patents Act, 1970

(39 of 1970)

Form For The Grant of Exclusive Marketing Rights

[See rule 46]

No_____________________of______________________________________20___________________

Whereas __________________________has declared that he/she is in possession of an Invention for __________and that he/she is a true and first inventor thereof (Of the legal representative or assignee of the true and first inventor) and that he/she has made an application (No.____________________ dated____________________________) for grant of patent thereof;

And whereas he/she has, by an application dated ........................... requested that an exclusive marketing night to sell or distribute In India may be granted to him/her for his article or substance______________________________________________

Now, therefore the said applicant is hereby granted, subject to the provisions of the law for the time being enforce, the exclusive right to sell or distribute the said article/substance in India by himself/herself, his agents or his/her licensees.

The exclusive right above said shall stand terminated at the end of five years from the date of grant of exclusive marketing right, in India or on the date of rejection of application for the grant of patent, whichever is earlier.

In witness thereof, the Controller has caused this exclusive marketing rights to sell or distribute the above mentioned article/substance granted as of the ______________________________________day of _____________20_______

Controller of Patents

(Seal)

Form 29

The Patents Act, 1970

(39 of 1970)

Statement Regarding the Working of the Patented Invention on Commercial Scale in India

[See Section 146 (2) and rule 131(1)]

No Fee

 

In the matter of Patent No ______________of __________

1. Insert name, address and nationality.

I/We____________________________________________

2. State the year to which the statement relates

The patentee (s) or licensee (s) under Patent No ________

hereby furnish the following statement regarding the working of the patented invention referred to above on a commercial scale in India for the year_________________

3. Give whatever details are available.

(i) The patented invention:

( )Worked ( ) Not worked

[Tick ( a ) rnark the relevant box]

if not worked: reasons for not working and steps being taken for working of the invention.

If worked: quantum and value (in Rupees), of the patented product:

manufactured in India imported from other countries. (give country wise details)

(ii) the licences and sub-licences granted during the year;

(iii) state whether public requirement has been met partly/adequately/to the fullest extent at reasonable price.

The facts and matters stated above are true to the best of my/our knowledge, information and belief.

Dated this _____________day of ________20 ________

4. To be- signed by person(s) giving the statement.

Signature

(_________________________________________)

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note: (a) Strike out whichever is not applicable.

Form 30

The Patents Act, 1970

(39 of 1970)

Request for Permission for Making Patent Application outside India

[See section 39 and rule 71]

1. State the title of the invention.

I am/We are in possession of an invention for________________________

I/We have made an application for the grant of a patent for the said invention. its number being No _________of _________ Dated _____________

OR

I/we hereby attach the brief description of the invention.

2. Name and address of the person (s)

I/We intend to make application (s) alone/jointly with ____________________________________for the same/substantially same invention for patent in the following country/countries/convention countries, namely:-______________________________________________

3. Name and address of the assignee

I/We declare that the rights in the application (s) has/have been assigned to________________________________

I/We request that I/We may be granted permission to make application (s) for the said invention in the said country/countries. The reasons for making this application, are as follows:-

The facts and matters stated above are true to the best of my/our knowledge, information and belief.

Dated this_______________ day of __________20______

4. To be signed by the applicant (s) or authorised patent agent.

Signature

(_________________________________________)

 

To

The Controller of Patents,

The Patent Office,

At__________________________

Note: (a) Strike out whichever is not applicable.







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