Lawzonline.com 
 
Home|Discussion Forum|Communities|Professional Search|Law Dictionary|Bare Acts|Law Schools|State Bare Acts|Free Judgement Search|Law quotes
Articles  |    Humor    |    Law Digest
 
 
Bare acts search

 
  
Bare acts > Patents Rules, 1972 > Rule 20D
 
  


 

20D. International applications designating or designating and electing India. - (1) An international application designating India shall be treated as an application for patent under the Act.

(2) For the purpose of an international application designating India, the title, description, drawings and claims filed in the international application shall be taken as the complete specification for the purpose of the Act.

(3) The filling date of an application for patent and its complete specification processed by the Patent Office, as designated office shall be the international filing date accorded under the Treaty.

(4) The Patent Office shall not commence processing of an international application designating India before the expiration of the time limit prescribed under sub-rule (6) except when the applicant complies with the requirements of that sub-rule and files at the Patent Office an express request for early commencement of such processing.

(5) An applicant in respect of an international application designating India shall, before the time limit prescribed in sub-rule (6)-

(a) Pay the prescribed national fee and other fees to the Patent Office in the manner prescribed under these rules and under the Regulations made under the Treaty;

(b) File with the Patent Office a translation of the application in English duly verified by the applicant stating the correctness and completeness of the contents thereof, if the international application was either not filed or has not been published in English.

(6) The time limit referred to in sub-rule (5) shall be-

(a) Where the applicant has not, before the expiration of nineteen months from the priority date referred to in Article 2(xi), elected India for the purpose of the use of the result of international preliminary examination, twenty one months from the said priority date; and

(b) Where the applicant has, before the expiration of nineteen months from the priority date referred to in Article 2(xi), elected India for the purpose of the use of the result of international preliminary examination, thirty-one months from the priority date.

(7) The translation of the international application referred to in sub-rule (5) shall include a translation in English of, -

(i) The description;


(ii) The claims as filed;

(iii) Any text matter of the drawings;

(iv) The abstract;

(v) In the case referred to in clause (a) of sub-rule (6) and if the claims have been amended under Article 19, then the amended claims together with any statement filed under the said Article; and

(vi) In the case referred to in clause (b) of sub-rule (6) and any amendments to the description, the claims and text matter of the drawings that are annexed to the international preliminary examination report.

(8) If the applicant fails to file a translation of the amended claims and annexures referred to in sub-rule (7), even after invitation from the Patent Office to do so within a time limit as may be fixed by that Office having regard to the time left for meeting the requirements, the amended claims and annexures shall be disregarded in the course of further processing the application by the Patent Office.

(9) The applicant in respect of an international application designating India shall when complying with sub-rule (5), preferably use forms set out in the Second Schedule before the Patent Office as designated office.

 

 

 

 

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

 

 

Quick Links     
      
Family LawsInsurance LawsEnvironmental lawTax LawFDI 
Company LawTelecommunication LawLabour LawsCentral RulesRBI 
Business & Commercial LawsConsumer lawsCorporate lawsCriminal lawsSEBI 
Intellectual Property lawMedia & Press lawsPharma & Medical lawsProperty lawFEMA 
Debt Recovery LawsAmendmentsProfessional lawBanking LawsLegal Links 
      
      
 
 
 
 
 

 
   
 

 

 

Privacy PolicyDisclaimer

Copyright @2010