REGISTER OF PATENTS

72. Register of patents-- (1) Upon the sealing of a patent, the Controller shall enter in the register of patents, the name, address and nationality of the grantee as the patentee thereof, the title of the invention (including the categories specified in section 5 to which the invention relates), the date of the patent and the date of sealing thereof together with the address of service of the patentee.

  1. The Controller shall also enter in the register of patents particulars regarding proceedings under the Act before the Controller or the courts in respect of every patent.
  1. Registration of documents under section 68-- An application for the registration of a document under section 68 shall be made in 12[Form 16].

74. Registration of title and interest in patents.-- (1) An application referred to in sub-section (1) of section 69 shall be made--

  1. by a person becoming entitled to a patent or a share in it 12[Form17];
  2. by a person becoming entitled as a mortgagee or a licensee or otherwise to any other interest in a patent in 12[Form 17].
  1. An application referred to in sub-section (2) of section 69 shall be made----
  1. by the assignor in 12[Form 17];
  2. by a mortgagor, licensor or other party in 12[Form 17].
  1. An application for entry in the register of patents of the notification of any other document purporting to affect the proprietorship of the patent by the person benefiting under the document shall be made in 12[Form 17].
  1. Presentation of assignment, etc., patent to Controller-- Every assignment and every other document giving effect to or being evidence of the transfer of a patent or affecting the proprietorship thereof or creating an interest therein as claimed in such application, shall, unless the Controller otherwise directs, be presented to him together with the application which shall be accompanied by two copies of the assignment or the other document certified to be true copies by the applicant or his agent and the Controller may call for such other proof of title or written consent as he may require.
  2. Registration of title or interest in a patent-- After the receipt of an application under sub-section (1) or sub-section (2) of section 69, the Controller shall register the title of the person concerned or his interest in a patent, as the case may be, and an entry in the following form shall be made in the register, namely,

------------------- -------------------------------

Mortgagee etc. mortgage deed etc.

Dated ………………….and made between …………….of the one part and………….of the other part".

77. Entry of renewal fee-- Upon the issue of a certificate of the payment of the prescribed renewal fee in respect of a patent, the Controller shall enter in the register of patents the fact that the fee has been paid and the date of payment of such fee as stated in the certificate.

78. Alteration of address-- (1) A patentee may make a request 12[in writing ] to the Controller for the alteration of his name, nationality, address or address for service as entered in the register of patents in respect of any patent granted to him. The Controller may require such proof of the alteration as he may think fit before acting on a request to alter the name of nationality.

  1. If the Controller allows a request made under sub-rule (1), he shall cause the entries in the register to be altered accordingly.
  2. If a patentee makes a request 12[in writing] for entering an additional address for services in India and if the Controller is satisfied that the request should be allowed, he shall have the additional address for service entered in the register subject to the condition that not more than two addresses for service shall be entered in the register at any one time.
  1. Inspection of register of patents and fees payable there for.-- (1) The register of patents shall be kept at the head office of the Patent Office and shall be open for public inspection during office hours on payment of the fees specified therefore in the First Schedule.
  1. A copy of the register shall be available for inspection at each of the branch offices of the Patent Office on the same conditions as are applicable to, and on payment of the same fees as are payable for, the inspection of the register under sub-rule (1).

ENDNOTE

1.Vide Not. No. S.O. 301(E), dated 20-04-1972, published in GOI(E), dated 20-04-1972, p.p 735-805.

2 Insertion by S.O. 2908 dated 31-07-1976, w.e.f 14-08-1976.

3 Substituted by S.O. 3598 dated 28-10-1977, for "in the English language", w.e.f. 26-11-1977

4 Substituted by S.O. 3598, dated 28-10-1977, w.e.f. 26-11-1977.

11 .Chapter II A inserted by S.O. 1029(E), dated 02-12-1998, w.e.f. 07-12-1998

12 Subs. by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

13 Inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

14 Sub-rule (4) to (5) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

15 Clause (e) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

16 Sub-rule (3) to (5) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

17 Sub-rule (2) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

18.Added by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

19 Sub-rule (5) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

20 Rule 28 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

21 Chapter IIIA (section 33A to 33P) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

22 Rule 38 to 39 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

23.Rule 64 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

24 Some words omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

25 Substituted by S.O. 411(E), dated 02-06-1999, for "Rs. 10000", w.e.f. 02-06-1999.

26 Omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

27 Original rule renumbered as sub-rule (1) by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

28 The First Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

29.The Second Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

30 Added by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

31 Rule 64 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

34 Sub-rule (1) of rule 71 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

36. Subs. by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

37. The Fourth Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.