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 |
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 |