Text of Patent Rules, 1972
(as amended up to 02.06.1999)
Patent Rules, 1972

1. Short title and commencement
2. Definitions
3. Prescribed particulars
4. Appropriate office
5. Address for service
6. Leaving and serving documents
7. Fees
8. Forms
9. Size etc., of documents
10. Signature and verification of documents

CHAPTER II

APPLICATION FOR PATENTS

11. Period within which proof of the right to make the application shall furnished
12. Order of recording applications
13. Statement and undertaking regarding foreign applications
14. Specifications
15. Amendments to specifications
16. Drawings
17. Size of paper, etc. on which drawing shall furnished
18. Particulars of drawings
19. Further particulars about drawings
20. Models

CHAPTER II A

INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY

20A. Definitions

20B. Appropriate office in relation to international applications

20C. International applications filled with Patent office as receiving office

20D. International applications designating and electing India

20E. Filling of priority Documents

20F. Effect of non-compliance with certain requirements

20G. The requirements under this Chapter to be supplemental to the Regulations etc., under the Treaty

CHAPTER III

EXAMINATION OF APPLICATIONS

21. Procedure in case of anticipation by prior publication
22. Procedure in case of anticipation by prior claiming
23. Amendment of the complete specification in case of anticipation
24. Extension of the period specified in rules 22 and 23
25. Form of reference to another specification
26. Procedure in case of potential infringement
27. Form of reference to another patent
28.  
29. Manner in which a claim under section 20(1) shall be made
30. Manner in which a request may be made
31. Manner of application under section 20(5)
32. Numbering of applications on acceptance of the complete specification
33. Inspection of application, specification, etc.

CHAPTER III A

EXCLUSIVE MARKETING RIGHTS

33A. Filling of application

33B the application for grant of exclusive marketing right

33C Controller to refer application

33D Report of Examiner

33E Notifying of grant or refusal of exclusive marketing rights

          33F Personal documents, etc. in relation to inventions

33G Appropriate tests

33H Form for grant of exclusive marketing rights

33I Application for compulsory licence to sell or distribute or for revocation of exclusive marketing rights

33J When a prima-facie case is not made out

33K Notice of opposition against grant of compulsory licence or revocation of exclusive marketing rights

33L Manner of advertisement of the order for revocation of exclusive marketing rights

33M Application for the revision of the terms and conditions of a licence

33N Procedure to be followed in case of application under rule 33M

33O Reference to public interest

33P Register of exclusive marketing rights

CHAPTER IV

OPPOSITION TO GRANT OF PATENT

34. Manner of application for extension of time under section 25(1)
35. Filling of notice of opposition
36. Written statement of opposition
37. Time for filling reply statement
38. Omitted
39. Omitted
40. Reply evidence by opponent
41. Further evidence to be left with the leave of the Controller
42. Number of copies to be supplied of documents
43. Extension of time
44. Hearing
45. Determination of costs
46. Time within which complete specification is to be amended under section 27
47. Procedure to be followed
48. Extension of time
49. Manner of request under section 28(2)
50. Manner of making a claim under section 28(3)
51. Form of application to be made under sub section (7) of section 28
52. Procedure for the hearing of claim or an application
53. Mention of inventor

CHAPTER V

SECRECY DIRECTIONS

54. Communication of result of reconsideration under section 36(2)
55. Extension of time on revocation of secrecy directions under section 38

CHAPTER VI

SEALING OF PATENTS

56. Sealing of patents
57. Form of patent
58. Amendment of patent under section 44
59. Manner of applying for directions under section 51(1)
60. Manner of application under section 51(2)
61. Procedure for the hearing of proceeding under section 51
62. Manner of request under section 52(2)
63. Renewal fees
64. Omitted

CHAPTER VII

AMENDMENT OF APPLICATION AND SPECIFICATION

65. Amendment of application or specification
66. Preparation of amended specifications, etc.
67. Advertisement of the amendments allowed

CHAPTER VIII

RESTORATION OF PATENTS

68. Restoration of patents
69. Opposition of restoration
70. Payment of unpaid renewal fees

CHAPTER IX

SURRENDER OF PATENTS

71. Surrender of patents

CHAPTER X

REGISTER OF PATENTS

72. Register of patents
73. Registration of documents under section 68
74. Registration of title and interest in patents
75. Presentation of assignment , etc. , of patents to Controller
76. Registration of title or interest in a patent
77. Entry of renewal fee
78. Alteration of address
79. Inspection of register of patents and fees payable therefor

CHAPTER XI

COMPULSORY LICENCES ENDORESEMENT OF PATENTS WITH THE WORDS "LICENCE OF RIGHT" AND REVOCATION

80. Application for compulsory licence etc.
81. When a prima facie case is not made out
82. Notice of opposition under section 92(2)
83. Manner of application under section 88(2)
84. Manner of applying under section 88(2)
85. Manner of advertisement of the revocation order (Under Section 28)
86. Application under section 93(5)
87. Procedure to be followed in case of application under section 93(5)

CHAPTER XII

SCIENTIFIC ADVISERS

88. Roll of scientific advisers
89. Manner of application for inclusion in the roll of scientific advisers
90. Inclusion of the name of any other person in the roll of scientific advisers
91. Power to relax
92. Removal of names from the roll of scientific advisers

CHAPTER XIII

PATENT AGENTS

93. Particulars to be contained in the register of Patent agents
94. Application for registration of patent agents
95. Particulars of the qualifying examination for the registration of a patent agents
96. Registration of patent agents
97. Details to be included in an application for the registration of patent agent
98. Registration of patent agents under section 126(2)
99. Disqualification’s for registration as a patent agent
100. Payment of fees
101. Deletion of a name from the register of patent agents
102. Restoration of names of persons removed from the register of patent agents
103. Alteration of names etc. in the register of patent agents
104. Refusal to recognise as patent agent
105. Publication of the names of patent agent, registered under the Act

CHAPTER XIV

MISCELLANEOUS

106. Address of all communications
107. Correction of clerical errors
108. Manner of advertisement of the proposed correction of any error
109. Manner and time of opposition to the making of corrections
110. Notification of corrections
111. Forms etc., of affidavits
112. Exhibits
113. Directions not otherwise prescribed
114. Exercise of discretionary power by the Controller
115. Application for review of decisions or setting aside of orders of the Controller
116. Manner of payment of compensation
117. Form and manner in which statements required under section 146(2) to be furnished
118. Form of application for the issue of a duplicate patent
119. Supply of certified copies and certificates
120. Request for information under section 153
121. Agency
122. Scale of costs
123. Power of Controller generally
124. Power to extend the time prescribed
125. Hearing before the Controller to be in public in certain case
126. Repeal and amendment of Indian Patent and Design Rules,1933

The First Schedule - Fees

The Second Schedule - List of Forms and Forms of Patents

The Third Schedule - Form of Patent

The Fourth Schedule - Scale of costs allowable in proceedings before the Controller

The Fifth Schedule - Amendments to the Indian Patents and Designs Rules, 1933

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