159. Power of Central
Government to make rules.- (1) The Central Government
may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power,
the Central Government may make rules to provide for all or
any of the following matters, namely:-
(i) the form and manner in which any application for a patent,
any specifications or drawings and any other application or
document may be filed in the patent office ;
**[(ia) the period which the Controller may allow for filing
of statement and undertaking for in respect of applications
under sub-section (1), the period within which the details
relating to processing of applications may be filed before
the Controller and the details to be furnished by the applicant
to the Controller under sub-section (2) of section 8;
(ib) the period within which a reference to the deposit of
materials shall be made in the specification under sub-clause
(A) of clause (ii) of the proviso to sub-section (4) of section
10;
(ic) the period for which application for patent shall not
be open to the public under sub-section (1) and the manner
in which the applicant may make a request to the Controller
to publish his application under sub-section (2) of section
11A;
(id) the manner of making the request for examination for
an application for patent and the period within which such
examination shall be made under sub-sections (1) and (3) of
section 11B;
(ie) the manner in which an application for withdrawal of
an application for grant of a patent shall be made and the
period within which a request for examination from the date
of revocation of secrecy directions shall be made under the
proviso to sub-section (4) of section 11B.]
(ii) the time within which any act or thing may be done under
this Act, including the manner in which and the time within
which any matter may be **[published] under this Act;
(iii) the fees which may be payable under this Act and the
manner *[and time] of payment of such fees ;
(iv) the matters in respect of which the examiner may make
a report to the Controller;
**[(v) the manner in which and the period within which the
Controller shall consider and dispose off a representation
under sub-section (1) of section 25;
(va) the period within which the Controller is required to
dispose off an application under section 39;]
(vi) the form and manner in which and the time within which
any notice may be given under this Act;
(vii) the provisions which may be inserted in an order for
restoration of a patent for the protection of persons who
may have availed themselves of the subject-matter of the patent
after the patent had ceased ;
(viii) the establishment of branch offices of the patent
office and the regulation generally of the business of the
patent office, including its branch offices;
(ix) the maintenance of the register of patents *[and the
safeguards to be observed in the maintenance of such register
in computer floppies, diskettes or any other electronic form]
and the matters to be entered therein;
(x) the matters in respect of which the Controller shall
have powers of a civil court;
(xi) the time when and the manner in which the register and
any other document open to inspection may be inspected under
this Act;
(xii) the qualifications of, and the preparation of a roll
of, scientific advisers for the purpose of section 115;
*[(xiia) the salaries and allowances and other conditions
of service of the officers and other employees of the Appellate
Board under sub-section (2), and the manner in which the officers
and other employees of the Appellate Board shall discharge
their functions under sub-section (3), of section 117;
(xiib) the form of making an appeal, the manner of verification
and the fees payable under sub-section (3) of section 117A;
(xiic) the form in which, and the particulars to be included
in, the application to the Appellate Board under sub-section
(1) of section 117D;]
(xiii) the manner in which any compensation for acquisition
by Government of an invention may be paid;
(xiv) the manner in which the register of patent agents may
be maintained *[under sub-section (1) of section 125 and the
safeguards to be observed in the maintenance of such register
of patent agents on computer floppies, diskettes or any other
electronic form under sub-section (2) of that section]; the
conduct of qualifying examinations for patent agents ; and
matters connected with their practice and conduct, including
the taking of disciplinary proceedings against patent agents
for misconduct;
(xv) the regulation of the making, printing, publishing and
selling of indexes to, and abridgments of, specifications
and other documents in the patent office; and the inspection
of indexes and abridgments and other documents;
(xvi) any other matter which has to be or may be prescribed.
(3) The power to make rules under this section shall be subject
to condition of the rules being made after previous publication.
**[Provided that the Central Government may, if it is satisfied
that the circumstances exist which render it practically not
possible to comply with such condition of previous publication,
dispense with such compliance.]
*[Inserted by Patents (Amendment) Act, 2002, section 64]
**[Modified by Patents (Amendment) Act, 2005, section 76]
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