NOTIFICATION
NO
S.O.
657(E), Dated : May 5, 2006
Whereas
a draft of certain rules further to amend the Patents Rules, 2003 was
published in exercise of the power conferred by section 159 of the Patents
Act, 1970 (39 of 1970) vide notification of the Government of India
in Ministry of Commerce and Industry (Department of Industrial Policy
and Promotion) vide Number SO. 1844(E), dated the 30th December,
2005, in Part II section 3, sub-section (ii) of the Gazette of
India, (Extraordinary) dated 30th December, 2005 for inviting objections
and suggestions from persons likely to be affected thereby before expiry
of a period of thirty days from the date on which copies of the Gazette
containing the Notification were made available to the public;
AND
WHEREAS the copies of the Gazette containing the said Notification were
made available to the public on 2nd January, 2006;
AND
WHEREAS objections and suggestions received from the public on the said
draft rules have been considered by the Central Government;
NOW,
THEREFORE, in exercise of the powers conferred by section 159 of the Patents
Act, 1970 (39 of 1970), Central Government hereby makes the following
rules further to amend the Patents Rules, 2003, namely:
1.(1)
These rules may be called the Patents (Amendment) Rules, 2006.
(2)
They shall come into force on the date of their publication in the Official
Gazette.
2.In
the Patents Rules, 2003 (hereinafter referred to as the principal rules),
in rule 4, in sub-rule (1),
(a)
in clauses (i), the words and figures other than under sections
39, 65 and 125 shall be omitted.
(b)
clause (ii) shall be omitted
3.
In rule 6 of the principal rules, in sub-rule (1), the proviso shall be
omitted;
4.
In rule 7 of the principal rules, in sub-rule (2),
(a)
in clause (a), after the words paid in cash, the words or through
electronic means shall be inserted;
(b)
in clause (b), the words within the time allowed for payment of
the fees shall be omitted;
(c) for
clause (c), the following clause shall be substituted, namely:
(c)
Where a fee is payable in respect of a document, the entire fee shall
accompany the document.;
5.
in rule 10 and in the explanation of the principal rules, for the words
three months, the words six months shall respectively be substituted;
6.
In rule 12 of the principal rules,
(a)
in rule (1A) and in the explanation, for the words three months, the words
six months shall respectively be substituted;
(b)
in rule (2), for the words three months, the words six months shall be
substituted;
(c)
in rule (3), for the words three months, the words six months shall be
substituted;
7.In
rule 24 of the principal rules, the following proviso shall be added,
namely:
Provided
that the period within which the Controller shall publish the application
in the Journal shall ordinarily be one month from the date of expiry of
said period, or one month from the date of request for publication under
rule 24A.;
8.In
rule 24B of the principal rules,
(a)
in sub-rule (1),
(i)
in clause (i), for the words after the publication of the application
but within thirty-six months, the words within forty-eight months shall
be substituted;
(ii)
for clause (ii), following clause shall be substituted, namely:
(ii)
The period within which the request for examination under sub-section
(3) of section 11B to be made shall be forty-eight months from the date
of priority, if applicable, or forty-eight months from the date of filing
of the application;
(iii)
for clause (iii), following clause shall be substituted, namely:
(iii)
The request for examination under sub-section (4) of section 11B shall
be made within forty-eight months from the date of priority or from the
date of filing of the application, or within six months from the date
of revocation of the secrecy direction, whichever is later;
(iv)
for clause (iv), following clause shall be substituted, namely:
(iv)
The request for examination of application as filed according to the Explanation
under sub-section (3) of section 16 shall be made within forty-eight months
from the date of filing of the application or from the date of priority
of the first mentioned application or within six months from the date
of filing of the further application, whichever is later;
(v)
in clause (v) for the words, figures and letter the period specified
under the section 11B or, the words, figures and letter the period specified
under the section 11B before the commencement of the Patents (Amendment)
Act, 2005 or shall be substituted;
(b)in
sub- rule (2),
(i)
for clause (i), the following clause shall be substituted, namely:
-
(i)
The period within which the Controller shall refer the application and
specification and other documents to the examiner in respect of the applications
where the request for examination has been received shall ordinarily be
one month from the date its publication or one month from the date of
the request for examination whichever is later:
Provided
that such reference shall be made in order in which the request is filed
under sub-rule (1),
(ii)
after clause (ii), the following clause shall be inserted, namely:
(iii)
the period within which the Controller shall dispose off the report of
the examiner shall ordinarily be one month from the date of the receipt
of the such report by the Controller.;
(c)
in sub rule (3), for the words his authorised agent, the words his authorised
agent ordinarily within six months from the date of the request for examination
or six months from date of publication whichever is later. shall be substituted;
(d)
for sub-rule (4), the following sub-rule shall be substituted, namely;
(4)
The time for putting an application in order for grant under section 21
shall be twelve months from the date on which the first statement of objection
is issued to the applicant to comply with the requirements.
9.In
rule 26 of the principal rules, the figure and brackets (1) shall be omitted;
10.
In Chapter VI of the principal rules, for the heading OPPOSITION PROCEEDINGS,
the following heading shall be substituted, namely:
OPPOSITION
PROCEEDINGS TO GRANT OF PATENT;
11.In
rule 55 of the principal rules
(a)
(i)for the marginal heading, the following marginal heading shall be substituted,
namely:
(1)
Opposition to the patent;
(ii)
or sub-rule (1), the following sub-rules shall be substituted, namely:
(1)
Representation for opposition under sub-section (1) of section 25 shall
be filed at the appropriate office and shall include a statement and evidence,
if any, in support of the representation and a request for hearing if
so desired.
(1A)
Notwithstanding anything contained in sub-rule(1), no patent shall be
granted before the expiry of a period of six months from the date of publication
of the application under section 11 A.;
(b)
in sub-rule(3), for the word, effect, the words, effect alongwith a copy
of such representation shall be substituted;
(c)
in sub rule (4), for the words one month the words three months. Shall
be substituted;
12.In
rule 55A of the principal rules, for the words, figures and brackets sub-section
(3) of section 25, the words, figures and brackets sub-section (2) of
section 25 shall be substituted;
13.In
rule 56 of the principal rules,
(a)in
sub rule (1), for the words notice of opposition, the words, figures and
letter notice of opposition under rule 55 A shall be substituted;
(b)in
sub-rule (4), for the words, figures and brackets sub-section (4) of section
25, the words, figures and brackets sub-section (3) of section 25 shall
be substituted;
14.In
rule 71 of the principal rules, for sub-rule (2), the following sub-rule
shall be substituted, namely:
(2)
The time within which the Controller dispose of the request made under
sub-rule (1), except in case of inventions relating to defence and atomic
energy applications, shall ordinarily be within a period of twenty-one
days from the date of filing of such request.;
15.For
rule 74 of the principal rules, the following rule shall be substituted,
namely;
74.
Form of patent:
(1)
A patent shall be in the form as specified in the Third Schedule with
such modifications as the circumstances of each case may require and shall
bear the number accorded to the application under rule 37.
(2)
The patent certificate shall ordinarily be issued within seven days from
the date of grant of patent under section 43.
16.In
rule 88 of the principal rules, the word sealing, occurring at both the
places, the word grant, shall be substituted;
17.In
rule 134 of the principal rules, in sub rule (1),
(a)
after clause (a), the following clause shall be inserted, namely:
-
(aa)
as to when the information under section 8 has been filed.;
(b)in
clause (k), for the words Official Gazette, the words Official
Journal shall be substituted;
18.
In rule 138 of the principal rules, in sub-rule (1), for the words, figures
and brackets in the rules 24, 55 and 80(1A), the words, figures and brackets
in the rules 24B, sub-rule (4) of rule 55 and sub-rule (1 A) of rule 80
shall be substituted;
19.
In the THE FIRST SCHEDULE of the principal rules,
(a)for
items number 4 and entries relating thereto, the following item and entries
shall be substituted, namely:
| 4.On
request for extension of time under sections 53(2) and 142(4),
rules 13(6), 80(1A) and 130. |
4 |
300 |
1200 |
| |
|
per
month |
per
month; |
(b)in
item number 12, in column 2, for the word figure and letter rule 23B,the
word figure and letter rule 24A shall be substituted,
20.
In the THE SECOND SCHEDULE of the principal rules,
(i)
in Form 1-
(a)
in para 9, in item (i), in sub-item (b) for the word Signature(s),the
words Signature(s) of the inventor(s) shall be substituted;
(b)
after para 10, for the words The Controller of Patent, the words The Controller
of Patents shall be substituted;
(ii)
in Form 4, omit words figures and brackets 24B(4)(ii),
(iii)
in Form 5, after Para 4, for the words The Controller of Patent, the words
The Controller of Patents shall be substituted;
(iv)
in Form 7, for the words bracket and figure See sections 25(3)
the words bracket and figure See section 25(2) shall be substituted;
(v)
in Form 9, in Para 2, for the words application for Patent No., the words
Patent application No. shall be substituted;
(vi)
in Form 18, -
(a)in
Para 1, after item (c), the following item shall be added, namely:
(d)
date of publication of the application under section 11A ...;
(b)after
Para 4, for the words The Controller of Patent, the words The Controller
of Patents shall be substituted;
(vii)
in Form 21, in Para 1, for the words patent No./No., the words Patent
No.
shall be substituted;
(viii)
in Form 25,
(a)
the words No Fee, occurring in the beginning shall beomitted;
(b)
for the Note, the following Note shall be substituted, namely:
Note - (a) Strike out whichever is not applicable
(b)
For fee see first schedule.;
21.
For THE THIRD SCHEDULE of the principal rules, the following Schedule
shall be substituted, namely:
THE
THIRD SCHEDULE
(Refer
rule 74)
FORM
OF PATENT
GOVERNMENT
OF INDIA
Patent
No.
Application
No
Date
of filing.
Patentee.
Inventor(s)
(Where applicable)
It
is hereby certified that a patent has been granted to the patentee for
an invention entitled.
as
disclosed in the above mentioned application for the term of 20 years
from
the.............
day of........................ 19/20............. , in accordance with
the provisions of the Patents Act, 1970.
Date
of Grant..Controller of Patents
(Seal
of the Office)
Note.
- The fees for renewal of this patent, if it is to be maintained, will
fall due on .. day of . 20 and on the same day in every year thereafter..
[F.NO.14/2/2005-PP&C]
