CHAPTER VI

SEALING OF PATENTS

56. Sealing of patents— (1) A request for the sealing of a patent under sub-section (1) of section 43 shall be made in ¹²[Form 9].

(2) The period within which a request for the sealing of the patent may be made under clause (a) of the proviso to sub-section (2) of section 43 shall be two months after the final determination of the proceedings referred to in that clause.

3. An application under sub-section (3) of section 43 shall be made in ¹²[Form 4].

57. Form of Patent-- A patent shall be in the form as specified in the Third Schedule with such modifications as the circumstances of each case may require and shall bear the number accorded to the application under rule 32.

58. Amendment of patent under section 44-- An application under section 44 for the amendment of a patent shall be made in ¹²[Form 10] in duplicate and shall be accompanied by evidence verifying the statements made therein and by the patent.

59. Manner of applying for directions under section 51(1)-- (1) An application for directions under sub-section (1) of section 51 shall be made in ¹²[Form 11] in duplicate and shall be accompanied by a statement setting out the facts upon which the applicant relies.

(2) A copy of the application and of the statement shall be sent by the Controller to every other person registered as grantee or proprietor of the patent and the applicant shall supply sufficient number of copies for that purpose.

60. Manner of application under section 51(2) -– (1) An application for directions under sub-section (2) of section 51 shall be made in [Form 11] in duplicate and shall be accompanied by a statement setting out the facts upon which the applicant relied.

(2) A copy of the application and statement shall be sent by the Controller to the person in default.

61. Procedure for the hearing of proceedings under section 51-- The procedure specified in rules 35 to 45 relating to the filing of notice of opposition, written statement, reply statement, leaving evidence and hearing shall, so far as may be, apply to the hearing of an application under section 51 as they apply to the hearing of an opposition to the grant of patents.

62 Manner of request under section 52(2)--- (1) A request under sub-section (2) of section 52 shall be made in ¹²[Form 12] within three months from the date of the order of the Court referred to sub-section (1) of the said section and shall be accompanied by a statement setting out of the facts upon which the petitioner relies and the relief he claims and a certified copy of the order of the court.

Provided that the time taken for obtaining a certified copy of the order shall be excluded in calculating the s aid period of three months,

(2) where the Court has ordered the grant of patent to the applicant only for a part of the invention , the new patent granted shall be accorded a number in the same series of numbers accorded to the complete specifications accepted on the same days as the patent is granted.

63. Renewal fees-- (1) If it is desired to keep a patent in force for the term of the patent, the renewal fees specified in the First Schedule shall be payable at the expiration of the second year from the date of the patent or of any succeeding year and the same shall be remitted to the Patent Office before the expiration of the second or the succeeding year.

(2) while paying the renewal fee, the number of the patent concerned and the year in respect of which the fee is paid shall be quoted.

(3) The annual renewal fee payable in respect of two or more years may be paid in advance.

¹²[(4) The Controller shall, after making such enquiry as he may deem necessary, credit any renewal fee and issue a certificate that the fee has been paid.]

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