| RULES |
Patents
Rules, 1972 |
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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 |
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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 |
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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 |
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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
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| 33. |
Inspection
of application, specification, etc |
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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 |
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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 |
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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 |
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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 |
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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 |
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CHAPTER VIII: RESTORATION OF PATENTS |
| 68. |
Restoration
of patents |
| 69. |
Opposition
to restoration |
| 70. |
Payment
of unpaid renewal fees |
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CHAPTER IX: SURRENDER OF PATENTS |
| 71. |
Surrender
of patents |
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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 |
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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) |
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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 |
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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 |
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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 |
