THE PATENTS RULES, 2003
TABLE OF CONTENTS
Chapter I
Chapter II
APPLICATION FOR PATENTS
- 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
Chapter III
INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY (PCT)
- 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. International Preliminary 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
Chapter IV
PUBLICATION AND EXAMINATION OF APPLICATIONS
- 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 29A. Grace period
- 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 38. [Omitted]
CHAPTER V [Omitted]
[Omitted]
Chapter VI
OPPOSITION TO PATENTS
- 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 64-65. [Omitted]
- 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 70A. Certificate of inventorship
CHAPTER VII
Chapter VII
GRANT AND SEALING OF PATENTS
- Rule 73. [Omitted]
- 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
CHAPTER IX
AMENDMENT OF APPLICATION, SPECIFICATION OR ANY DOCUMENT RELATING THERETO
CHAPTER X
CHAPTER XI
SURRENDER OF PATENTS
CHAPTER XI
SURRENDER OF PATENTS
CHAPTER XII
REGISTER OF PATENTS
- Rule 88. Register of patents under section 67
- Rule 89. [Omitted]
- 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
CHAPTER XIII
COMPULSORY LICENCE AND REVOCATION OF PATENT
- 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
CHAPTER XIV
SCIENTIFIC ADVISERS
- 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
CHAPTER XV
PATENT AGENTS
- 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
CHAPTER XVI
MISCELLANEOUS
- Rule 121. Period within which copies of specification etc. are to be filed
- 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 specified or condone delay
- Rule 139. Hearing before the Controller to be in public in certain cases
THE FIRST SCHEDULE
THE SECOND SCHEDULE— FORMS
FORM
LIST OF FORMS — FORMS
- FORM 1. Application for Grant of Patent
- FORM 2. Provisional/Complete Specification
- FORM 3. Statement and undertaking under Section 8
- FORM 4. Request For Extension Of Time Or Condonation Of Delay
- FORM 5. Declaration as to Inventorship
- FORM 6. Claim or request regarding any change in applicant for Patent
- FORM 7. Notice of Opposition
- FORM 7A. Representation for Opposition to Grant of Patent
- FORM 8. Request or Claim regarding mention of Inventor as such in a Patent
- FORM 8A. Certificate of Inventorship
- FORM 9. Request for Publication
- FORM 10. Application for Amendment of Patent
- FORM 11. Application for Direction of the Controller
- FORM 12. Request for Grant of Patent under section 26(1) & 52(2)
- FORM 13. Application for amendment of the application for Patent/Complete Specification
- FORM 14. Notice of opposition to amendment/restoration/ surrender of Patent/Grant of compulsory licence or revision of terms thereof or to correction of clerical errors
- FORM 15. Application for the restoration of patent
- FORM 16. Application for registration of title/interest in a patent or share in it or registration of any document purporting to affect proprietorship of the patent
- FORM 17. Application for compulsory licence
- FORM 18. Request/Express request for examination of application for patent
- FORM 18A. Request for Expedited Examination of application for patent
- FORM 19. Application for revocation of a patent for non working
- FORM 20. Application for revision of terms and conditions of licence
- FORM 21. Request for termination of compulsory licence
- FORM 22. Application for registration of patent agent
- FORM 23. Application for the restoration of the name in the register of patent agents
- FORM 24. Application for review/setting aside controller's decision/order
- FORM 25. Request for permission for making patent application outside India
- FORM 26. Form for authorisation of a patent agent/or any person in a matter or proceeding under the act
- FORM 27. Statement Regarding The Working Of Patented Invention(s) On A Commercial Scale In India
- FORM 28. Form to be submitted by a Small Entity/Startup/Educational Institute
- FORM 29. Request for Withdrawal of the application for patent
- FORM 30. Form to be used when no other form is prescribed
- FORM 31. Grace Period
| Schedule | Title |
|---|---|
| The Third Schedule | Form of Patent |
| The Fourth Schedule | Scale of Costs |
| The Fifth Schedule | Fifth Schedule |
Notes and Disclaimers:
- The e-Version (HTML) of the Patent Rules, 2003 is updated till 15-03-2024
- For details of every amendments, please refer to the relevant Gazette available on websitehttp://www.ipindia.gov.in).
- While every efforts has been made to ensure the correctness of the contents of e-version, any deviation(s) noted may be brought to the notice of Intellectual Property Office at ipo[dash]helpdesk[at]nic[dot]in for corrective measures. The contents of the Gazette(s) shall prevail over e-Version in case of any deviations.
