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120. Publication of the names of patent agents, registered under the Act. — The names
and addresses of persons registered as patent agents shall from time to time be published.
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CHAPTER XVI
MISCELLANEOUS
121. Period within which copies of specification etc. are to be filed. —The period within
which copies of specification or corresponding documents to be filed by the applicant under
subsection (1) of section 138 shall be three months from the date of communication by the
Controller.
121A. Address of Communications.—All communications in relation to any proceeding
under the Act or these rules shall be addressed to the Controller at the appropriate office.
122. Correction of clerical errors.—A request for the correction of a clerical error in any
document referred to in section 78 shall be accompanied by a copy of the document
highlighting the corrections clearly along with the fees payable therefor as specified in the
First Schedule.
123. Manner of advertisement of the proposed correction of any error. —Where the
Controller requires a notice of the nature of the proposed correction to be advertised, the
request and the nature of the proposed correction shall be published and the person
making the request shall also serve copies of the request and the copies of the document
showing the proposed corrections to such persons who, in the opinion of the Controller,
may be interested.
124. Manner and time of opposition to the making of corrections.— (1) Any person
interested may, at any time, within three months from the date of the advertisement of the
request for correction give notice of opposition to the Controller in Form 14 in duplicate.
(2)Such notice of opposition shall be accompanied by a statement in
duplicate setting out the nature of the opponent's interest, the facts on which he relies and
the relief which he seeks.
(3) A copy of the notice and of the statement shall be sent by the Controller to the person
making the request.
(4) The procedure specified in rules 58 to 63 relating to the filing of reply statement,
leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the
opposition under section 78 as they apply in the hearing of the opposition proceeding.
125. Notification of corrections.—The Controller shall notify the person making a request
for the correction and the opponent, if any, of the corrections made in the relevant
document.
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126. Form, etc., of affidavits.—(1) The affidavits required by the Act or these rules to be
filed at the patent office or furnished to the Controller shall be duly sworn to in the manner
as prescribed in sub-rule (3).
(2) Affidavits shall be confined to such facts as the deponent is able, of his own knowledge,
to prove except in interlocutory matters, where statements of belief of the deponent may
be admitted, provided that the grounds thereof are given.
(3) Affidavits shall be sworn to as follows:—
(a) in India—before any court or person having by law authority to receive evidence,
or before any officer empowered by such court as aforesaid to administer oaths or
to take affidavits;
(b) in any country or place outside India—before a diplomatic or consular officer,
within the meaning of the Diplomatic and Consular Officers (Oaths and Fees) Act,
1948 (41 of 1948) in such country or place or before a notary of the country or place,
recognised by the Central Government under section 14 of the Notaries Act,
1952
(53 of 1952), or before a judge or magistrate of the country or place.
(4) Alterations and interlineations shall, before an affidavit is sworn to or affirmed be
authenticated by the initials of the person before whom the affidavit is sworn to.
127. Exhibits.—Where there are exhibits to be filed in an opposition or any other
proceedings, a copy or impression of each exhibit shall be supplied to the other party at his
request and expense; if copies or impressions of the exhibits cannot conveniently be
furnished, the originals shall be left with the Controller for inspection by the person
interested by prior appointment.
The exhibits in original if not already left with the
Controller shall be produced at the hearing.
128. Directions not otherwise prescribed.—(1) Where for the proper prosecution or
completion of any proceedings under the Act or these rules, the Controller is of the opinion
that it is necessary for a party to such proceedings to perform an act, file a document or
produce evidence, for which provision has not been made in the Act or these rules, he may,
by notice in writing, require such party to perform the act, file the document or produce the
evidence specified in such notice.
(2) Where an applicant or a party to a proceeding desires to be heard or not heard,
the
Controller may, at any time, require him to submit his statement in writing giving such
information as the Controller may deem necessary within the time specified by him.
129. Exercise of discretionary power by the Controller.—Before exercising any
discretionary power under the Act or these rules which is likely to affect an applicant for a
patent or a party to a proceeding adversely, the Controller shall give such applicant or party,
a hearing, after giving him or them, ten days notice of such hearing ordinarily.
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129A. Adjournment of hearing.—An applicant for patent or a party to a proceeding may
make a request for adjournment of the hearing with reasonable cause along with the
prescribed fee prescribed in First Schedule, at least three days before the date of hearing
and the Controller, if he thinks fit to do so, and upon such terms as he may direct, may
adjourn the hearing and intimate the parties accordingly:
Provided that no party shall be given more than two adjournments and each
adjournment shall not be for more than thirty days.
130. Application for review of decisions or setting aside of orders of the Controller.—(1)
An application to the Controller for the review of his decision under clause (f) of sub-section
(1) of section 77 shall be made in Form 24 within one month from the date of
communication of such decision to the applicant or within such further
period not
exceeding one month thereafter as the Controller may on a request made in
Form 4 allow and shall be accompanied by a statement setting forth the grounds on which
the review is sought. Where the decision in question concerns any other person in addition
to the applicant, the Controller shall forthwith transmit a copy of each of the application
and the statement to the other person concerned.
(2) An application to the Controller for setting aside an order passed by him ex parte under
clause (g) of sub-section (1) of section 77 shall be made in Form 24 within one month from
the date of communication of such order to the applicant or within such further period not
exceeding one month as the Controller may on a request made in Form 4 allow and shall be
accompanied by a statement setting forth the grounds on which the application is based.
Where the order concerns any other person in addition to the applicant, the Controller
shall, forthwith transmit a copy each of the application and the statement to the other
person concerned.
131. Form and manner in which statements required under section 146(2) to be
furnished.— (1) The statements which shall be furnished by every patentee and every
licensee under sub- section (2) of section 146 in Form 27 which shall be duly verified by the
patentee or the licencee or his authorised agent.
(2)The statements referred to in sub-rule (1) shall be furnished in respect of every
calendar
year within three months of the end of each year.
(3) The Controller may publish the information received by him under subsection (1)
or
subsection (2) of section 146.
132. Form of application for the issue of a duplicate patent.—An application for the issue
of a duplicate patent under section 154 shall contain a statement setting out the
circumstances in which the patent was lost or destroyed or cannot be produced together
with the fee as specified therefor in the First Schedule.
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133. Supply of certified copies and certificates under sections 72 and 147.—
(1) Certified
copies of any entry in the register, or certificates of, or extracts from patents,
specifications
and other public documents in the patent office, or from registers and other records
including records in computer floppies, diskettes or any other electronic form kept there,
may be furnished by the Controller on a request therefor made to him and on payment of
the fee specified therefor in the First Schedule:
Provided that certified copies shall be issued in the order in which the request is
filed.
(2) Notwithstanding anything contained in sub-rule (1), certified copies shall be furnished
within a period of one week if such request is made along with the fee specified therefore in
the First Schedule.
134.Request for information under section 153.—(1) A request for information in respect
of the following matters relating to any patent or application for patent shall be admissible,
namely:—
(a) as to when a complete specification following a provisional specification has
been filed or an application for patent has been deemed to have been abandoned;
(aa) as to when the information under section 8 has been filed.
(b) as to when publication of application has been made under section 11A; (c) as to
when an application has been withdrawn under section 11B;
(d) as to when a request for examination has been made under section 11B;
(e) as to when the examination report has been issued under section 12;
(f) as to when an application for patent has been refused;
(g) as to when a patent has been granted;
(h) as to when a renewal fee has been paid;
(i) as to when the term of a patent has expired or shall expire;
(j) as to when an entry has been made in the register or application has been made
for the making of such entry; or
(k) as to when any application is made or action taken involving an entry in the
register, publication in the Official Journal or otherwise, if the nature of the
application or action is specified in the request.
(2) Separate request shall be made in respect of each item of information required.
(3)The fee payable on a request to be made under section 153 shall be as set out in
the
First Schedule.
135. Agency.― (1) The authorisation of an agent for the purposes of the Act and these rules
shall be filed in Form 26 or in the form of a power of attorney within a period of three
months from the date of filing of such application or document, failing which no action shall
be taken on such application or documents for further processing till such deficiency is
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removed.
(2) Where any authorisation has been made under sub-rule (1), service upon the agent of
any document relating to any proceeding or matter under the Act or these rules shall be
deemed to be service upon the person so authorising him and all communications directed
to be made to a person in respect of any proceeding or matter may be addressed to such
agent, and all appearances before the Controller relating thereto may be made by or
through such agent.
(3) Notwithstanding anything contained in sub-rule (1) and (2), the Controller may, if it is
considered necessary, require the personal signature or presence of an applicant, opponent
or party to such proceeding or matter.
136. Scale of costs.— (1) In all proceedings before the Controller, he may, subject to rule
63, award costs as he considers reasonable, having regard to all the circumstances of the
case:
Provided that the amount of costs awarded in respect of any matter set forth in the
Fourth Schedule shall not exceed the amount specified therein.
(2) Notwithstanding anything contained in sub-rule (1), the Controller may, in his discretion
award a compensatory cost in any proceeding before him which in his opinion is false or
vexatious.
137. Powers of Controller generally.—Any document for the amendment of which no
special provision is made in the Act may be amended and any irregularity in procedure
which in the opinion of the Controller may be obviated without detriment to the interests
of any person, may be corrected if the Controller thinks fit and upon such terms as he may
direct.
138. Power to extend time prescribed.— (1) Except for the time prescribed in clause (i) of
sub-rule (4) of rule 20, sub-rule (6) of rule 20, rule 21, sub-rules (1), (5) and (6) of rule 24B,
sub-rules (10) and (11) of rule 24C, sub-rule (4) of rule 55, sub-rule (1A) of rule 80 and
sub-rules (1) and (2) of rule 130, the time prescribed by these rules for doing of any act or
the taking of any proceeding
thereunder may be extended by the Controller for a period of
one month, if he thinks it fit to do so and upon such terms as he may direct.
(2) Any request for extension of time prescribed by these rules for the doing of any act or
the taking of any proceeding thereunder shall be made before the expiry of such time
prescribed in these rules.
139. Hearing before the Controller to be in public in certain cases.— Where the hearing
before the Controller of any dispute between two or more parties relating to an application
for a patent or to any matter in connection with a patent takes place after the date of the
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publication of the complete specification, the hearing of the dispute shall be in public unless
the Controller, after consultation with the parties to the dispute who appear in person or
are represented at the hearing, otherwise directs.
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Document Outline - Rules latest after 2016 Amendments
- Form_1
- Form_2
- Form_3
- Form_4
- Form_5
- Form_6
- Form_7
- Form_7A
- Form_8
- Form_9
- Form_10
- Form_11
- Form_12
- Form_13
- Form_14
- Form_15
- Form_16
- Form_17
- Form_18
- Form_18A
- Form_19
- Form_20
- Form_21
- Form_22
- Form_23
- Form_24
- Form_25
- Form_26
- Form_27
- Form_28
- Form_29
- Form_30
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