appl for patent

CHAPTER II

APPLICATIONS FOR PATENTS

11. Period within which proof of the right to make the application shall be furnished— Where in an application for a patent made by virtue of an assignment of the right to apply for the patent for the invention, if the proof of the right to make the application is not furnished with the application, the applicant shall within a period of three months after the filing of such application furnish such proof.

12. Order of recording applications— The applications filed in a year shall constitute a series identified by the year of such filing.

13. Statement and undertaking regarding foreign applications— (1) The statement and undertaking required to be filed by an applicant for a patent under sub-section (1) of section 8 shall be made in ¹²[Form 3].

(2) The time within which the applicant for a patent shall keep the Controller informed of the details in respect of other applications filed in any country outside India in the undertaking to be given by him under clause (b) of sub-section (1) of section 8 shall be three months from the date of such filing.

¹³[(3) When so directed by the Controller under sub-section (2) of section 8, the applicant shall furnish the required information within the normal period or by the last date of putting the application in order for acceptance as specified under sub-sections (1) and (2) of section 21.]

14. Specifications— (1) Every specification, whether provisional or ;complete, shall commence with the title of the invention, the name, nationality and address of the applicant as given in the application and shall be signed and dated at the end by the applicant or his agent.

(2) A specification in respect of a patent of addition shall contain a specific reference to the number of the main patent, or the application for the main patent, as the case may be, and a definite statement that the invention comprises an improvement in, or a modification of, the invention claimed in the specification of the main patent granted or applied for.

(3) Where the invention is capable of representation by drawings, such drawings shall be prepared in accordance with the provisions of rules 16 to 19 and shall be supplied with, and referred to in detail, in the specification.

Provided that in the case of a complete specification if the applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for the complete specification, it shall be sufficient to refer to them in the complete specification as those left with the provisional specification.

Irrelevant or other matter, not necessary, in the opinion of the Controller, for elucidation of the invention, shall be excluded from the title, description, claims and drawings.
Except in the case of an application (other than a convention application) which is accompanied by a complete specification, a declaration as to the inventorship of the invention shall be filed in ¹²[Form 5] with the complete specification or at any time before the expiration of three months from the date of filing of the complete specification, as the Controller may allow on an application made in ¹²[Form 4].

15. Amendments to specifications— (1) When a provisional or complete specification or any drawing accompanying it has been received by the applicant or his agent for amendment, the necessary alterations shall be made thereon as far as possible. Additional matter may be interpolated if necessary, by rewriting such pages as are required to form a continuous document. Amendments shall not be made by slips pasted on, or as foot notes or by writing in the margin of any of the said documents.

(2) The amended documents shall be returned to the Controller together with the superseded pages or drawings, if any, duly marked cancelled and initialed by the applicant or his agent. Copies of any pages that have been retyped or added and of any drawing that has been added or substantially amended shall be sent in triplicate. Amendments, alterations or additions shall be initialed in the margin by the applicant or his agent.

16. Drawings— (1) Drawings, when furnished by the applicant otherwise than on a requisition made by the Controller shall accompany the specifications to which they relate.

^{17 (2)* **************************

(3) Drawings shall be delivered flat or so rolled
as to be free from crease.

(4) At least one copy of the drawing shall be
suitable for reproduction, and for that purpose, shall be prepared on tracing cloth or
transparent or semi-transparent sheet, or film made of plastics or fiber glass [or thick
and durable paper].

(5) Mounted drawings shall not be used.

¹²[17. Size of paper, etc. on which
drawings shall be furnished.— Drawings shall be on standard A4 size sheets. A clear
margin of 2.5. centimeters shall be left from the edges of every sheet. If there are more
figures than can be shown on one sheet, two or more of such sheets shall be used. When an
exceptionally large figure is required to be drawn, it shall be continued on subsequent
sheet(s). The figures shall be numbered consecutively throughout. Sufficient space shall
be kept between the figures so that they shall be distinct.]

18. Particulars of drawings— Drawings shall
be prepared in accordance with the following requirements, namely:-

Drawings shall be executed with indelible black ink.
Each line shall be firmly and evenly drawn, sharply defined and
shall be of the same strength throughout.
Section lines, lines for effect and shading lines, shall be as few
as possible and shall not be closely drawn.
Shading lines shall not contrast too much in thickness with
general lines of the drawings.

(e) Sections and shading shall not be represented
by solid black
or washes.
(f) Drawings shall be on a scale sufficiently
large to show the

inventions clearly and only so much of the
apparatus, machine or other matter shall appear to achieve this object. If the scale is
given, it shall be drawn and not denoted by words. No dimensions shall be marked on the
drawings.

^{12[(g) The figures shall be drawn
preferably in an upright position
with regard to the top and bottom of the sheet.]
(h) Reference letters and numerals, and index
letters, symbols and

numerals used in conjunction therewith, shall be
bold, distinct and not less than 0.3 centimeter (one-eighth of an inch) in height. The
same letters or numerals shall be used to indicate the same parts in different views where
the reference letters or numerals are shown outside the figure, they shall be connected by
fine lines with the parts to which they refer.}

19. Further particulars about drawings— (1)
Drawings shall bear –

in the left hand top corner, the name of the applicant;

(ii) in the right hand top corner, the number of
the sheets of drawings, and the consecutive number of each sheet; and
(iii) in the right hand bottom corner, the
signature of the applicant or his agent.

(2) Neither the title of the invention or any
descriptive matter shall appear on the drawings.

(3) No descriptive matter shall appear on
constructional drawings, but drawings in the nature of flow sheets may bear descriptive
matter to show the materials used and the chemical or other reactions or treatments
effected in carrying out the invention.

(4) Drawings showing the number of instruments or
units of apparatus and their interconnections, either mechanical or electrical, where each
such instrument or unit is shown only symbolically, may bear such descriptive matter as is
necessary to identify the instruments or units or their interconnections.

¹⁹(5)*****************************************************

20. Models-- (1) Models or samples shall be
furnished only when required by the Controller.

(2) Except as permitted by the Controller, no
model shall exceed twelve inches on its longest side.

(3) Samples shall be enclosed in convenient
containers.

(4) Dangerous substances shall be supplied only in accordance
with the directions of the Controller.

Every model or sample shall be clearly and securely labeled or
marked so as to identify the application to which it relates.

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.