Ministry of Commerce and Industry
(Department of Industrial Development)

NOTIFICATION

New Delhi, the 19th November, 1999

S.O. 1148 (E) - Whereas a draft of certain rules further to amend the Patents Rules, 1972, was published as required under section 159 of the Patents Act, 1970 (39 of 1970) vide notification of the Government of India in the Ministry of Industry (Department of Industrial Development) number S.O. 697 (E), dated 30th August, 1999 in Part II, Section 3, Sub-Section (ii) of the Gazette of India, Extraordinary dated the 30th August, 1999 for inviting objections and suggestions from persons likely to be affected thereby before the expiry of a period of thirty days from the date on which the copies of the Gazette of India in which the notification was published were made available to the public; And whereas copies of the Gazette containing the said notification were made available to the public on the 31st day of August, 1999; And whereas objections and suggestions received from the public on the said draft rules within the said period of thirty days 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), the Central Government hereby makes the following rules, namely :-

1. (1) These rules may be called the Patents (second Amendment) Rules 1999.

(2) They shall come into force on the date of their publication in the Official Gazette.

  1. In the Patents Rules, 1972, in Chapter II A -
    1. for rule 20 B, the following rule shall be substituted, namely :-

"20 B. Appropriate office in relation to international application:-

    1. The receiving office, designated office and elected office for the purposes of international applications filed under the Treaty shall be the appropriate office in accordance with rule 4.
    2. The Head Office of the Patent Office shall be the appropriate office for dealing with the International Bureau of the World Intellectual Property Organization, International Searching Authorities and International Preliminary Examining Authorities.
    3. An International application under the Treaty shall be filed and processed by the appropriate office in accordance with the provisions of this Chapter, Treaty and the Regulations established under the PCT.
    4. On receipt of an international application, the appropriate office shall furnish complete details of such applications to the Head office of the Patent Office."

b in rules 20C, 20D and 20E for the words, "Patent Office", wherever they occur, the words, "appropriate office" shall be substituted.

[No. 12/39/99-PP&C]

A.E.AHMAD, Jt. Secy

Footnote - The Principal rules were notified vide number S.O. 301 (E), dated the 20th April, 1972 and subsequently amended vide :

    1. S.O. 2908 dated the 31st July, 1976;
    2. S.O. 3598 dated the 28th October, 1977
    3. S.O. 468 (E) dated the 26th June, 1992;
    4. S.O. 889 (E) dated the 23rd November, 1993;
    5. S.O. 1029 (E) dated the 02nd December, 1998;
    6. S.O. 411 (E) dated the 02 June, 1999.

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