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Section 12 – The Patents Rules,2003

The Patents Rules,2003

Section 12. Statement and undertaking regarding foreign applications

(1) The statement and undertaking required to be filed by an applicant for a patent under sub-section (1) of section 8 shall be made in Form 3.

2[(1A) The period within which the applicant shall file the statement and undertaking under sub-section (1) of section 8 shall be 1[six months] from the date of filing the application.

Explanation : For the purpose of this rule, the period of 1[six months] in case of an application corresponding to an international application in which India is designated shall be reckoned from the actual date on which the corresponding application is filed in India.]

(2) The time within which the applicant for a patent shall keep the Controller informed of the details in respect of other applications filed in any country in the undertaking to be given by him under clause (b) of sub-section (1) of section 8 shall be 1[six months]] from the date of such filing.

3[(3) When so required by the Controller under sub-section (2) section 8, the applicant shall furnish information relating to objections, if any, in respect of novelty and patentability of the invention and any other particulars as the Controller may require which may include claims of application allowed within 1[six months] from the date of such communication by the Controller.]

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1. Substituted for “three months” by the Patents (Amdt.) Rules,2006, w.e.f. 5-5-2006.

2. Inserted by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005.

3. Substituted for existing sub-rules (3) & (4), ibid.

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