The Patent Rules 2003

Table of Content

• Rule 1 : Short title and commencement

• Rule 2 : Definitions

• Rule 3 : Prescribed particulars

• Rule 4 : Appropriate office

• Rule 5 : Address for service

• Rule 6 : Leaving and serving documents

• Rule 7 : Fees

• Rule 8 : Forms

• Rule 9 : Filing of documents and copies, etc.

• Rule 10 : Period within which proof of the right under section 7(2) to make the application shall be furnished

• Rule 11 : Order of recording applications

• Rule 12 : Statement and undertaking regarding foreign applications

• Rule 13 : Specifications

• Rule 14 : Amendments to specifications

• Rule 15 : Drawings

• Rule 16 : Models

• Rule 17 : Definitions

• Rule 18 : Appropriate office in relation to international applications

• Rule 19 : International applications filed with appropriate office as receiving office

• Rule 19A : Indian International Searching Authority

• Rule 19B : International search report

• Rule 19C : Time limit for establishing international search report

• Rule 19D : Transmittal of the International Search Report and written opinion

• Rule 19E : Confidential treatment

• Rule 19F : Indian International Preliminary Examining Authority

• Rule 19G : Period for making a demand

• Rule 19H : Fees payable to Examining Authority

• Rule 19I : Manner of making a demand

• Rule 19J : Processing of demands for International preliminary examination

• Rule 19K : InternationalPreliminary Examination Report

• Rule 19L : Period for establishing international preliminary examination report and its transmission

• Rule 19M : Transmittal of the International Preliminary Examination Report

• Rule 19N : Conditions for and extent of refund

• Rule 20 : International applications designating or designating and electing India

• Rule 21 : Filing of priority document

• Rule 22 : Effect of non-compliance with certain requirements

• Rule 23 : The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty

• Rule 24 : Publication of application

• Rule 24A : Request for publication

• Rule 24B : Examination of application

• Rule 24C : Expedited examination of applications

• Rule 25 : Identification of published applications

• Rule 26 : Request for withdrawal

• Rule 27 : Inspection and supply of published documents

• Rule 28 : Procedure in case of anticipation by prior publication

• Rule 28A : Procedure in relation to consideration of report of examiner under section 14

• Rule 29 : Procedure in case of anticipation by prior claiming

• Rule 30 : Amendment of the complete specification in case of anticipation

• Rule 31 : Form of reference to another specification

• Rule 32 : Procedure in case of potential infringement

• Rule 33 : Form of reference to another patent

• Rule 34 : Manner in which a claim under section 20(1) shall be made

• Rule 35 : Manner in which a request may be made under section 20(4)

• Rule 36 : Manner of application under section 20(5)

• Rule 37 : Numbering of applications on the grant of patent

• Rule 55 : Opposition to the patent

• Rule 55A : Filing of notice of opposition

• Rule 56 : Constitution of Opposition Board and its proceeding

• Rule 57 : Filing of written statement of opposition and evidence

• Rule 58 : Filing of reply statement and evidence

• Rule 59 : Filing of reply evidence by opponent

• Rule 60 : Further evidence to be left with the leave of the Controller

• Rule 61 : Copies of documents to be supplied

• Rule 62 : Hearing

• Rule 63 : Determination of costs

• Rule 63A : Request made under section 26(1)

• Rule 66 : Form of making a request under section 28(2)

• Rule 67 : Form of making a claim under section 28(3)

• Rule 68 : Form of application to be made under section 28(7)

• Rule 69 : Procedure for the hearing of claim or an application under section 28

• Rule 70 : Mention of inventor

• Rule 71 : Permission for making patent application outside India under section 39

• Rule 72 : Communication of result of reconsideration under section 36(2)

• Rule 74 : Form of patent

• Rule 74A : Inspection of documents related to grant of patent

• Rule 75 : Amendment of patent under section

• Rule 76 : Manner of applying for direction under section 51(1)

• Rule 77 : Manner of application under section 51(2)

• Rule 78 : Procedure for the hearing of proceedings under section 51

• Rule 79 : Request under section 52(2)

• Rule 80 : Renewal fees under section 53

• Rule 81 : Amendment of application, specification or any document relating thereto

• Rule 82 : Preparation of amended specifications, etc.

• Rule 83 : Publication of the amendment allowed

• Rule 84 : Restoration of patents

• Rule 85 : Opposition to restoration under section 61

• Rule 86 : Payment of unpaid renewal fees

• Rule 87 : Surrender of Patents

• Rule 88 : Register of patents under section 67

• Rule 90 : Registration of title and interest in patents

• Rule 91 : Presentation of assignment, etc., of patent to Controller

• Rule 92 : Registration of title or interest in a patent

• Rule 93 : Entry of renewal fee

• Rule 94 : Alteration of address

• Rule 95 : Inspection of register of patents under section 72 and fees payable therefore

• Rule 96 : Application for compulsory licence etc.

• Rule 97 : When a prima facie case is not made out

• Rule 98 : Notice of opposition under section 87(2)

• Rule 99 : Manner of publication of the revocation order

• Rule 100 : Application under section 88(4)

• Rule 101 : Procedure to be followed in case of applications under section 88(4)

• Rule 102 : Application for termination of compulsory licence under section 94

• Rule 103 : Roll of scientific advisers

• Rule 103A : Disqualifications for inclusion in the roll of scientific advisers

• Rule 104 : Manner of application for inclusion in the roll of scientific advisers

• Rule 105 : Inclusion of the name of any other person in the roll of scientific advisers

• Rule 106 : Power to relax

• Rule 107 : Removal of names from the roll of scientific advisers

• Rule 108 : Particulars to be contained in the register of patent agents

• Rule 109 : Application for registration of patent agents

• Rule 110 : Particulars of the qualifying examination for patent agents

• Rule 111 : Registration of patent agents

• Rule 111A : Issue of duplicate certificate of patent agents

• Rule 112 : Details to be included in an application for the registration of a patent agent

• Rule 113 : Registration of patent agents under section 126 (2)

• Rule 114 : Disqualifications for registration as a patent agent

• Rule 115 : Payment of fees

• Rule 116 : Removal of a name from the register of patent agents

• Rule 117 : Restoration of name of persons removed from the register of patent agents

• Rule 118 : Alteration of names, etc., in the register of patent agents

• Rule 119 : Refusal to recognise as patent agent

• Rule 120 : Publication of the names of patent agents, registered under the Act

• Rule 121 : Period within which copies of specification etc

• Rule 121A : Address of Communications

• Rule 122 : Correction of clerical errors

• Rule 123 : Manner of advertisement of the proposed correction of any error

• Rule 124 : Manner and time of opposition to the making of corrections

• Rule 125 : Notification of corrections

• Rule 126 : Form, etc., of affidavits

• Rule 127 : Exhibits

• Rule 128 : Directions not otherwise prescribed

• Rule 129 : Exercise of discretionary power by the Controller

• Rule 129A : Adjournment of hearing

• Rule 130 : Application for review of decisions or setting aside of orders of the Controller

• Rule 131 : Form and manner in which statements required under section 146(2) to be furnished

• Rule 132 : Form of application for the issue of duplicate patent

• Rule 133 : Supply of certified copies and certificates under sections 72 and 147

• Rule 134 : Request for information under section 153

• Rule 135 : Agency

• Rule 136 : Scale of costs

• Rule 137 : Powers of Controller generally

• Rule 138 : Power to extend time prescribed

• Rule 139 : Hearing before the Controller to be in public in certain cases