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Section 4 – The Patents Rules,2003

The Patents Rules,2003

Section 4. Appropriate office

(1) The appropriate office of the patent office shall

(i) for all the proceedings under the Act, 1[x x x] be the head office of the patent office or the branch office, as the case may be, within whose territorial limits

(a) the applicant or first mentioned applicant in case of joint applicants for a patent, normally resides or has his domicile or has a place of business or the place from where the invention actually originated; or

(b) the applicant for a patent or party in a proceeding if he has no place of business or domicile in India, the address for service in India given by such applicant or party is situated; and

2[(ii) xxx]

(2) The appropriate office once decided in respect of any proceedings under the Act shall not ordinarily be changed.

——————–

1. Words and figures “other than those under sections 39,65 and 125” omitted by the Patents (Amdt.) Rules,2006, w.e.f. 5-5-2006. Earlier, figures and letters “24A,24B,24C,” omitted by the Patents (Amdt) Rules 2005, w.e.f. 1-1-2005.

2. Clause (ii) omitted, ibid.

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The Patents Rules,2003

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