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Patents Rules, 2003 | Company Vakil Legal Library

Patents Rules, 2003


Preamble
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
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
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
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.
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
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
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
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
71
Permission for making patent application outside India under section 39
72
Communication of result of reconsideration under section 36(2)
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
81
Amendment of Application, Specification or Any Document Relating Thereto
82
Preparation of amended specifications, etc.
83
Publication of the amendment allowed
84
Restoration of patents
85
Opposition to restoration under section 61
86
Payment of unpaid renewal fees
87
Surrender 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
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
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
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
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

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Fourth Schedule

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