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The Patents Rules, 2003

The Patents Rules, 2003




Chapter 1 – 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 [xxx]
Chapter V – Exclusive Marketing Rights
39-54 [xxx]
Chapter VI – [Opposition Proceedings to Grant of Patent]
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 [xxx]
65 [xxx]
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 [xxx]
74 Fonn of patent
74A Inspection of documents related to grant 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 [xxx]
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 certain cases

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