CHAPTER XIV

MISCELLANEOUS

106. Address of all communications --- All communications in relation to any proceeding under the Act or these rules shall be addressed to the Controller of Patents at the appropriate office.

107. Correction of clerical errors--- A request for the correction of a clerical error in any document referred to in section 78 ²⁴[***] shall be accompanied by two copies of the document indicating the corrections required clearly in red ink along with the fees payable therefor as specified in the First Schedule.

108. Manner of advertisement of the proposed correction of any error--- Where the Controller requires a notice of the nature of the proposed correction to be advertised, the request and the nature of the proposed correction shall be published in the Official Gazette and the person making the request shall also serve copies of the request and the copies of the documents showing the proposed corrections to such persons who, in the opinion of the Controller, may be interested.

109. Manner and time of opposition to the making of corrections--- (1) Any person interested may, at any tine, within three months from the date of the advertisement of the request for correction in the Official Gazette give notice of opposition to the Controller in ¹²[Form 14] in duplicate.

(2) such notice of opposition shall be accompanied by a statement in duplicate setting out the nature of the opponent's interest, the facts on which he relies and relief which he seeks.

(3) A copy of the notice and of the statement shall be sent by the Controller to the person making the request.

(4) The procedure specified in rules 37 to 45 relating to the filing of reply statement, leaving evidence and hearing shall, so far as may be, apply to the hearing of the opposition under section 78 as they apply to the hearing of the opposition to the grant of patents.

110. Notification of corrections--- The Controller shall notify the person making a request for the correction and the opponent, if any, of the corrections made in the relevant document.

111. Form etc., of affidavits.--- (1) The affidavits required by the Act or these rules to be filed at the Patent Office or furnished to the Controller shall be headed in the matter or matters to which they relate, shall drawn up in the first person, shall be divided into paragraphs consecutively numbered, and each paragraph shall as far as practicable, be confined to one subject. Every affidavit shall contain the description and place of residence of the person making the affidavit and shall bear the name and address of the person making it and, if the affidavit is made on behalf of any other person, it shall state the name of that person on whose behalf it is made.

2. Where two or more persons join in an affidavit, each of them shall depose separately to such facts which are within his personal knowledge and those facts shall be stated in separate paragraphs.

(3) Affidavits shall be confined to such facts as the deponents is able of his own knowledge to prove except in interlocutory matters, where statement of belief of the deponent may be admitted, provided that the grounds thereof are given:

(4) Affidavits shall be sworn to as follows:-

1. In India--before any court or person having by law authority to receive evidence, or before any officer empowered by such court as aforesaid to administer oaths or to take affidavits;
2. In any country or place outside India--before a diplomatic or consular officer, within the meaning of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, (41 of 1948) in such country or place or before a notary of the country or place, recognized by the Central Government under section 14 of the Notaries Act, 1952 (53 of 1952), or before a judge or magistrate of the country or place.

(5) The person before whom an affidavit is sworn to shall state the date on which and the place where the same is sworn to and shall affix thereto his seal, if any, or the seal of the court if the affidavit is sworn to before the court or an officer empowered by that court and sign his name and state his designation and address at the end thereof.

(6) Any affidavit purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorized under sub-rule (4), in testimony of the affidavit having been sworn to before him, may be admitted by the Controller without proof of the genuineness of the seal or signature, or of the official position of that person.

(7) Alterations and interlineations shall, before an affidavit is sworn to or affirmed be authenticated by the initials of the person before whom the affidavit is sworn to.

(8) where the deponent is illiterate, blind or unacquainted with the language in which the affidavit is written, a certificate by the person before whom the affidavit is sworn to, to the effect that the affidavit was read, translated or explained in his presence to the deponent, and that the deponent seemed perfectly to understand it and has signed the affidavit or affixed his mark in his presence, shall be attached at the end of the affidavit.

(9) Every affidavit filed before the Controller in connection with any proceedings under the Act or these rules shall be duly stamped under the provisions of any law for the time being in force.

112. Exhibits-- Where there are exhibits to be filed in an opposition or any other proceedings a copy or impression of each exhibits shall be supplied to the other party at his request and expense; if copies or impressions of the exhibits cannot conveniently be furnished, the originals shall be left with the Controller for inspection by the person interested by prior appointment. The exhibits in original if not already left with the Controller shall be produced at the hearing.

113. Directions not otherwise prescribed--- (1) where for the proper prosecution or completion of any proceedings under the Act or these rules, the Controller is of opinion that it is necessary for a party to such proceedings to perform an act, file a document or produce evidence, for which provision has not been made in the Act or these rules, he may, by notice in writing, require such party to perform the act, file the document or produce the evidence specified in such notice.

(2) Where an applicant or party to a proceeding desires to be heard or not, the Controller may, at any time, require him to submit his statement in writing giving such information as the Controller may deem necessary within the time specified by him.

114. Exercise of discretionary power by the Controller--- Before exercising any discretionary power under the Act or these rules adversely to an applicant for a patent or a party to a proceeding the Controller shall give such applicant or party, a hearing, after giving him at least ten days' notice of such hearing.

115. Application for review of decisions or setting aside of orders of the Controller- (1) An application to the Controller for the review of his decision under clause (f) of sub-section (1) of section 77 shall be made in ¹²[Form 25] in duplicate within one month from the date of communication of such decision to the applicant or within such further period not exceeding one month thereafter as the Controller may on a request made ¹²[Form 4] allow and shall be accompanied by a statement setting forth the grounds on which the review is sought. Where the decision in question concerns any other person in addition to the applicant, the said application and statement shall be left in triplicate. The Controller shall, forthwith transmit a copy of each of the applications and the statement to the other person concerned.

(2) An application to the Controller for setting aside an order passed by him ex-parte under clause (g) of sub-section (1) of section 77 shall be made ¹²[Form 25] in duplicate within one month from the date of communication of such order to the applicant or within such further period not exceeding one month as the Controller may on a request made in ¹²[Form 4] allow and shall be accompanied by a statement setting forth the grounds on which the application is based. Where the order concerns any other person in addition to the applicant, the application and the statement shall be left in triplicate. The Controller shall, forthwith transmit a copy each of the applications and the statement to the other person concerned.

116. Manner of payment of compensation--- (1) The compensation in respect of acquisition of an invention or patent by the Central Government under section 102 of the Act shall be payable by that Government in a lump sum, if the amount of compensation does not exceed ²⁵[one lakh rupees] and if such amount exceeds ²⁵[one lakh rupees] the amount over and above the said amount of ²⁵[one lakh rupees] shall be payable in five equal annual installments.

(2) If the compensation payable in a lump sum or any of the installments thereof referred to in sub-rule (1) is not within thirty days of the date on which the amount of installments is due, if any, the Central Government shall be liable to pay simple interest at the rate of 9 per cent per annum reckoned from the day immediately following the date of expiry of the said period of thirty days.

117. Form and manner in which statement required under section 146 (2) to be furnished---- (1) The statements which shall be furnished by every patentee and every licencee under sub-section (2) of section 146 shall be ²⁶[***] duly verified by the patentee or the licensee or his authorized agent.

(2) The statement referred to in sub-rule (1) shall be furnished in respect of every calendar year within three month of the end of each year.

(3) The Controller may publish the information received by him under sub-section (1) or sub-section (2) of section 146 in the Official Gazette and such newspapers and trade journals as he may deem fit.

118. Form of application for the issue of a duplicate patent--- An application for the issue of a duplicate patent under section 154 ²⁶[***] shall contain a statement setting out the circumstances in which the patent was lost or destroyed or cannot be produced together with the fees as specified therefor in the First Schedule.

119. Supply of certified copies and certificates---- Certified copies of any entry in the register, or certificates of, or extracts from, patent, specifications and other public documents in the patent office, or from registers and other records kept there, may be furnished by the Controller on a request thereof made to him ²⁶[***] and on payment of the fee specified therefor in the first Schedule.

120. Request for information under section 153--- (1) A request for information in respect of the following matters relating to any patent or application for a patent shall be made in ¹²[respect of]:-

1. as to when a complete specification following a provisional specification has been filed or an application for patent has been deemed to have been abandoned;

¹³[(aa) as to when the examination report has been issued for the first time.]

2. as to when a complete specification has been accepted or when an application for patent has been refused;
3. as to when a patent has been sealed, or when time for requesting sealing has expired;
4. as to when a renewal fee has been paid;
5. as to when the term of a patent has expired or shall expire;
6. as to when an entry has been made in the register or application has been made for the making of such entry; or
7. as to when any application is made or action taken involving an entry in the register or advertisement in the Official Gazette, if the nature of the application or action is specified in the request.

(2) Separate request shall be made in respect of each item of information required.

(3) The fees payable on a request to be made under section 153 shall be as set out in the Fist Schedule.

121. Agency--- (1) The authorization of an agent for the purposes of the Act and these rules shall be in ¹²[Form 26] or in the form of a power of attorney.

(2) Where any authorization has been made under sub-rule (1) service upon the agent of any document relating to any proceeding or matter under the Act or these rules shall be deemed to be service upon the person so authorizing him; all communications directed to be made to a person in respect of any proceeding or matter may be addressed to such agent, and all appearances before the Controller relating thereto may be made by or through such agent.

(3) Notwithstanding anything contained in sub-rules (1) and (2), the Controller may, if it is considered necessary, require the personal signature or presence of an applicant, opponent or party to such proceeding or matter.

122. Scale of costs---- ²⁷[(1) In all proceedings before the Controller, he may, subject to rule 46, award costs as he considers reasonable, having regard to all the circumstances of the case.

Provided that the amount of costs awarded in respect of any matters set forth in the Fourth Schedule shall not exceed the amount specified therein.

¹³[(2) Notwithstanding anything contained in sub-rule (1), the Controller may, in his direction award a compensatory cost in any proceeding before him which in his opinion is false or vexatious.]

123. Powers of Controller generally---- Any document for the amendment of which no special provision is made in the Act may be amended and any irregularity in procedure which in the opinion of the Controller may be obviated without detriment to the interests of any person, may be corrected if the Controller thinks fit and upon such terms as he may direct.

¹²[124. Power to extent time prescribed---(1) The time prescribed by these rules for doing of any act or the taking of any proceeding thereunder may be extended by the Controller if he thinks it fit to do so and upon such terms as he may direct, provided that one such extension shall normally be granted by the Controller in every matter before him.

(2) Any request for extension of time made under these rules shall be made within extendable period by request unless otherwise provided in these rules.]

125. Hearing before the Controller to be in Public in certain cases--- Where the hearing before the Controller of any dispute between two or more parties relating to an application for a patent or to any matter in connection with a patent takes place after the date of the publication of the complete specification, the hearing of the dispute shall be in public unless the Controller, after consultation with the parties to the dispute who appear in person or are represented at the hearing, otherwise directs.

126. Repeal and Amendment of the Indian Patents and Designs Rules, 1933--- The Indian Patents and Designs Rules, 1933, in so far as they relate to patents are hereby repealed, that is to say, the said rules shall stand amended in the manner specified in the Fifth Schedule.

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