| RULES | Patents Rules, 1972 |
| | |
| | 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 |
| 10. | Signature and verification of documents |
| | |
| | CHAPTER II: APPLICATIONS FOR PATENTS |
| 11. | Period within which proof of the right to make the application shall be furnished |
| 12. | Order of recording applications |
| 13. | Statement and undertaking regarding foreign applications |
| 14. | Specifications |
| 15. | Amendments to specifications |
| 16. | Drawings |
| 17. | Size of paper, etc. on which drawings shall be furnished |
| 18. | Particulars of drawings |
| 19. | Further particulars about drawings |
| 20. | Models |
| | |
| | CHAPTER IIA: INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY |
| 20-A. | Definitions |
| 20-B. | Appropriate office in relation to international applications |
| 20-C. | International applications filed with Patent Office as receiving office |
| 20-D. | International applications designating or designating and electing India |
| 20-E. | Filing of priority Documents |
| 20-F. | Effect of non-compliance with certain requirements |
| 20-G. | The requirements under this Chapter to be supplemental to the Regulations, etc., under the Treaty |
| | |
| | CHAPTER III: EXAMINATION OF APPLICATIONS |
| 21. | Procedure in case of anticipation by prior publication |
| 22. | Procedure in case of anticipation by prior claiming |
| 23. | Amendment of the complete specification in case of anticipation |
| 24. | Extension of the period specified in rules 22 and 23 |
| 25. | Form of reference to another specification |
| 26. | Procedure in case of potential infringement |
| 27. | Form of reference to another patent |
| 29. | Manner in which a claim under section 20(1) shall be made |
| 30. | Manner in which a request may be made |
| 31. | Manner of application under section 20(5) |
| 32. | Numbering of applications on acceptance of the complete specification |
| 33. | Inspection of application, specification, etc |
| | |
| | CHAPTER III A: EXCLUSIVE MARKETING RIGHTS |
| 33-A. | Filling of application |
| 33-B. | The application for grant of exclusive marketing right |
| 33-C. | Controller to refer application |
| 33-D. | Report of examiner |
| 33-E. | Notifying of grant or refusal of exclusive marketing rights |
| 33-F. | Personal documents, etc. in relation to inventions |
| 33-G. | Appropriate tests |
| 33-H. | Form for grant of exclusive marketing rights |
| 33-I. | Application for compulsory license to sell or distribute or for revocation of exclusive marketing rights |
| 33-J. | When a prima-facie case is not make out |
| 33-K. | Notice of opposition against grant of compulsory license or revocation of exclusive marketing rights |
| 33-L. | Manner of advertisement of the order for revocation of exclusive marketing rights |
| 33-M. | Application for the revision of the terms and conditions of a license |
| 33-N. | Procedure to be followed in case of application under rule 33M |
| 33-O. | Reference to public interest |
| 33-P. | Register of exclusive marketing rights |
| | |
| | CHAPTER IV: OPPOSITION TO GRANT OF PATENT |
| 34. | Manner of application for extension of time under section 25 (1) |
| 35. | Filing of notice of opposition |
| 36. | Written Statement of opposition |
| 37. | Time for filling reply statement |
| 38. | Omitted |
| 39. | Omitted |
| 40. | Reply evidence by opponent |
| 41. | Further evidence to be left with the leave of the Controller |
| 42. | Number of copies to be supplied of documents |
| 43. | Extension of time |
| 44. | Hearing |
| 45. | Determination of costs |
| 46. | Time within which complete specification is to be amended under section 27 |
| 47. | Procedure to be followed |
| 48. | Extension of time |
| 49. | Manner of request under section 28(2) |
| 50. | Manner of making a claim under section 28(3) |
| 51. | Form of application to be made under sub-section (7) of section 28 |
| 52. | Procedure for the hearing of claim or an application under section 28 |
| 53. | Mention of inventor |
| | |
| | CHAPTER V: SECRECY DIRECTIONS |
| 54. | Communication of result of reconsideration under section 36(2) |
| 55. | Extension of time on revocation of secrecy directions under section 38 |
| | |
| | CHAPTER VI: SEALING OF PATENTS |
| 56. | Sealing of patents |
| 57. | Form of patent |
| 58. | Amendment of patent under section 44 |
| 59. | Manner of applying for directions under section 51(1) |
| 60. | Manner of application under section 51(2) |
| 61. | Procedure for the hearing of proceedings under section 51 |
| 62. | Manner of request under section 52(2) |
| 63. | Renewal fees |
| | |
| | CHAPTER VII: AMENDMENT OF APPLICATIONS AND SPECIFICATIONS |
| 65. | Amendment of application or specification |
| 66. | Preparation of amended specifications, etc |
| 67. | Advertisement of the amendments allowed |
| | |
| | CHAPTER VIII: RESTORATION OF PATENTS |
| 68. | Restoration of patents |
| 69. | Opposition to restoration |
| 70. | Payment of unpaid renewal fees |
| | |
| | CHAPTER IX: SURRENDER OF PATENTS |
| 71. | Surrender of patents |
| | |
| | CHAPTER X: REGISTER OF PATENTS |
| 72. | Register of patents |
| 73. | Registration of documents under section 68 |
| 74. | Registration of title and interest in patents |
| 75. | Presentation of assignment, etc., of patent to Controller |
| 76. | Registration of title or interest in a patent |
| 77. | Entry of renewal fee |
| 78. | Alteration of address |
| 79. | Inspection of register of patents and fees payable therefor |
| | |
| | CHAPTER XI: COMPULSORY LICENCES ENDORSEMENT OF PATENTS WITH THE WORDS “LICENCES OF RIGHT” AND REVOCATION |
| 80. | Application for compulsory licence etc |
| 81. | When a prima facie case is not made out |
| 82. | Notice of opposition under section 92(2) |
| 83. | Manner of application under section 88(2) |
| 84. | Manner of applying under section 88(4) |
| 85. | Manner of advertisement of the revocation order |
| 86. | Application under section 93(5) |
| 87. | Procedure to be followed in case of applications under section 93(5) |
| | |
| | CHAPTER XII: SCIENTIFIC ADVISERS |
| 88. | Roll of scientific advisers |
| 89. | Mariner of application for inclusion in the roll of scientific advisers |
| 90. | Inclusion of the name of any other person in the roll of scientific advisers |
| 91. | Power to relax |
| 92. | Removal of names from the roll of scientific advisers |
| | |
| | CHAPTER XIII: PATENT AGENTS |
| 93. | Particulars to be contained in the register of patent agents |
| 94. | Application for registration of patent agents |
| 95. | Particulars of the qualifying examination for patent agents |
| 96. | Registration of patent agents |
| 97. | Details to be included in an application for the registration of a patent agent |
| 98. | Registration of patent agents under section 126(2) |
| 99. | Disqualifications for registration as a patent agent |
| 100. | Payment of fees |
| 101. | Deletion of a name from the register of patent agents |
| 102. | Restoration of names of persons removed from the register of patent agents |
| 103. | Alteration of names etc. in the register of patent agents |
| 104. | Refusal to recognise as patent agent |
| 105. | Publication of the names of patent agents, registered under the Act |
| | |
| | CHAPTER XIV: MISCELLANEOUS |
| 106. | Address of all communications |
| 107. | Correction of clerical errors |
| 108. | Manner of advertisement of the proposed correction of any error |
| 109. | Manner and time of opposition to the making of corrections |
| 110. | Notification of corrections |
| 111. | Form etc., of affidavits |
| 112. | Exhibits |
| 113. | Directions not otherwise prescribed |
| 114. | Exercise of discretionary power by the Controller |
| 115. | Application for review of decisions or setting aside of orders of the Controller |
| 116. | Manner of payment of compensation |
| 117. | Form and manner in which statements required under section 146 (2) to be furnished |
| 118. | Form of application for the issue of a duplicate patent |
| 119. | Supply of certified copies and certificates |
| 120. | Request for information under section 153 |
| 121. | Agency |
| 122. | Scale of costs |
| 123. | Powers of Controller generally |
| 124. | Powers to extend the time prescribed |
| 125. | Hearing before the Controller to be in Public in certain cases |
| 126. | Repeal and Amendment of the Indian Patents and Designs Rules, 1933 |
