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draft The Patents (Amendment) Rules 2005, dated 28-12-2004 (SO No. 1418 (E) Published

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00 TilE GAZETI'E OF INDIA: EXTRAORDINARY (PART II-SEC. J(h)) MINISTRY OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) NOTIFICATION New Delhi, the 28th December, 2004 S.O. 1418(E).-WHEREAS, the Central Government in exercise of the powers conferred by Section 159 of the Patents Act. 1970 (39 of 1970) framed the Patents Rules, 2003; AND WHEREAS, the Central Government has decided to amend the Patents Act. 1970; AND WHEREAS, in view of the above, it has become necessary to update the Patents Rules, 2003 on the lines contained in the amendments to the Patents Act, 1970; AND WHEREAS, the proviso to sub-section (3) of section 159 of the Patents Act, 1970 as amended by the Patents (Amendment) Ordinance 2004, empowers the Central Government to dispense with the requirement of previous publication of rules as required under the said sub-section (3) of section 159; AND WHEREAS, the Central Government is satisfied that circumstances exist which render it practically not possible to comply with the condition of previous publication; AND WHEREAS, the Central Government has decided to dispense with the requirement of previous publication of the following amendment rules required to be made under section 159 of the said Act; NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970. the Central Government hereby makes the following rules to amend the Patents Rules, 2003, namely: ­ 1. (1) These rules may be called the Patents (Amendment) Rules, 2005.

of the Patents Act, 1970. the Central Government hereby makes the following rules to amend the Patents Rules, 2003, namely: ­ 1. (1) These rules may be called the Patents (Amendment) Rules, 2005. (2) They shall come into force on the 1st January, 2005. 2. In the Patents Rules. 2003 (hereinafter referred to as the principal rules), in rule 4, in sub-rule (1 ). in clauses (i) and (ii), the figures and letters "24A, 248 and 24C" occurring at both the places shall be omitted.

61 ('fJ11Il-~3(h)] 3. In rule 5 of the principal rules, after the words "the Act or these rules", occurring at the end, the words "and the Controller may take suo-motu decision in the matter"' shall be added. 4. In rule 6 of the principal rules, for sub-rule (1 ), the following sub-rule shaU L.a substituted, namely: ­ 11 (1) Any aµplication, notice or other document authorized or required to be filed, left, made or given at the patent office, or to the Controller or to any other person under the Act or these rules, may be tendered by hand or sent by a letter addressed to the Controller at the appropriate office or to that person through post or registered post or speed post or courier service or by electronic transmission duly authenticated.

y a letter addressed to the Controller at the appropriate office or to that person through post or registered post or speed post or courier service or by electronic transmission duly authenticated. If it is sent by post or registered post or speed post or courier service or by electronic transmission duly authenticated, it shall be deemed to have been filed, left, made or given at the time when the mail containing the same would have been delivered in the ordinary course of post or registered post or speed pos~ or courier service, or by electronic transmission duly authenticated, as the case may be. In proving such sending, It shall be sufficient to show that the mail was properly addressed and transmitted: Provided that any application, notice or the document sent through fax or by electronic transmission duly authenticated, shall also be deemed to have been filed, left, made or given if the same is clear and fully legible and its original or paper copy, as the case may be, is sllbmitted t0 the appropriate office within one month from the date of receipt of the such fax or by electronic transmission duly authenticated.~. 5. In rule 7 of the principal rules, for sub-rule (4), the following sub-rule shall be substituted, namely: ­ "(4) Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not.". 6. In rule 12 of the principal rules, ­ (a) after sub-rule (1 ), the following sub-rule shall be inserted, namely:­ "(1A).

efunded irrespective of whether the proceeding has taken place or not.". 6. In rule 12 of the principal rules, ­ (a) after sub-rule (1 ), the following sub-rule shall be inserted, namely:­ "(1A). The period within which the applicant shall file the statement and undertaking under sub-section (1) of section 8 shall be three months from the date of filing the application. Explanation - For the purpose of this rule, the period of three months in case of an application corresponding to an international application in which India is designated shall be reckoned from the actual date on which the corresponding application is filed in India.".

61 TilE GAZEITEOF INDIA. EXTRAORDINARY (PARTII-8Ec, 3(ii)) (b) for sub-rules (3) and (4), the following sub-rule shall be substituted, namely:­ "(3) When so required by the Controller under sub-section (2) of section 8, the applicant shall furnish information relating lo objections, if any, in respect of novelty and patentability of the invention and any other particulars as the Controller may require which may include claims of application allowed within three months from the date of such communication by the Controller.". 7. In rule 13 of !he pr'ncipal rules, ­ (a).

e Controller may require which may include claims of application allowed within three months from the date of such communication by the Controller.". 7. In rule 13 of !he pr'ncipal rules, ­ (a). for sub-rule (6), the following sub-rule shall be substituted, namely: "(6) Exceot in the case of an application (other than a convention application or an application filed under the Patent Cooperation Treaty designating India) which is accompanied by a complete specification, a declaration as to the inventorship of the invention shall be filed in Form 5 with the complete specification or at any time before the expiration of one month from the date of filing of the complete specification, as the Controller may allow on an application made in Form 4.". (b). after sub-rule (7), the following sub-rule shall be inserted, namely: ­ "(8) The period within which reference to the deposit shall be made m the specification under sub-clause (A) of clause (ii) of sub-section (4) of section 10 shall be three months from the date of filing of the application.". 8. For rule 14 of the principal rules, the following rule shall be substituted, namely: ­ "14 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, and amendment is duly made thereon, the page incorporating such amendment shall be retyped and submitted to form a continuous document.

been received by the applicant or his agent for amendment, and amendment is duly made thereon, the page incorporating such amendment shall be retyped and submitted to form a continuous document. Amendments shall not be made by slips pasted on, or as footnotes 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 duplicate.".

In rule 19 of the principal rules, for sub-rule (1), the following sub-rule shall be substituted, namely: ­ "(1) An international application shall be filed with the appropriate office in triplicate either in English or in Hindi language.". 10. In rule 20 of the principal rules, ­ (a) in sub-rule (1 ), for the word, figure and letter "Form 1A", the word and figure "Form 1" shall be substituted. (b) in sub-rules (2) and (3), for the words, bracket and figure, "sub-rule (4)", the words, bracket and figures "sub-rule (4)(i)" shall respectively be substituted. (c) in sub-rule (3), in clause (b), after the words "duly verified by the applicant", the words "or the person duly authorized by him" shall be inserted.

)(i)" shall respectively be substituted. (c) in sub-rule (3), in clause (b), after the words "duly verified by the applicant", the words "or the person duly authorized by him" shall be inserted. (d) for sub-rule (4), the following sub-rule shall be substituted, namely: "(4) (i) The time limit referred to in sub-rule (2) shall be thirty one months from the priority date as referred to in Article 2(xi); (ii) Notwithstanding anything contained in clause (i), the Patent Office may, on the express request filed in Form -18 along with the fee specified in first schedule, process or examine the application at any time before thirty one months.". 11. In rule 21 of the principal rules, in sub-rule (2), after the words "duly verified by the applicant'', the words "or the person duly authorized by him" shall be inserted. 12. For rule 24 of the principle rules, the following rules shall be substituted, namely: ­ "24. Publication of application. - The period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11A shall be eighteen months from the date of filing of application or the date of priority of the application, whichever is earlier. 24A. Request for publication. - A request for publication under sub-section (2) of section 11A shall be made in Form 9.". 24B. Examination of application.

the application, whichever is earlier. 24A. Request for publication. - A request for publication under sub-section (2) of section 11A shall be made in Form 9.". 24B. Examination of application. - (1 )(i) A request for examination under section 118 shall be made in Form 18 after the publication of the application but within thirty-six months trow !he date of priority of the application or from the date of filing of the application, whichever is earlier;

64 1HEGAZETIEOFIND!A EXIRAORDINARY jPART II SEC. 3(ii)j (ii) The period within which the request for examination under sub­ section (3) of section 11B to be made shall be thirty-six months from the date of priority or from the date of filing of the application or twelve months from the 1 ' t day of January, 2005; (iii) The request for examination under sub-section (4) of section 11 B shall be made after the publication of the application, but within thirty-six months from the date of priority or form the date of filing of the application, or within six months from the date of revocation of the secrecy direction, whichever is later; (iv) The request for examination of application as filed acoording to the 'Explanation' under sub-section (3) of section 16 shall be made after the publication of the first mentioned application, but within thirty-six months from the date of filing of the application or from the date of priority of the first mentioned application or within six months from the dale of filing of the further application, whichever is later;

m the date of filing of the application or from the date of priority of the first mentioned application or within six months from the dale of filing of the further application, whichever is later; (v) The period for making request for examination under sectioti 11B, of the applications filed before the 1st day of January, 2005 shall be the period specified under the section 11 B or the period specified under these rules, whichever expires later. (2) (i) A request for examination of application for patent filed under sub-rule (1) shall be taken up for examination in the order in which the request is filed; (ii) The period within which the examiner shall make the report under sub-section (2) of section 12, shall ordinarily be one month but not exceeding three months from the date of reference of the application to him by the Controller. (3/ A first examination report along with the application and specification shall be sent to the applicant or his authorised agent. In case other interested person files the request for examination, an intimation of such examination may be sent to such interested person.

shall be sent to the applicant or his authorised agent. In case other interested person files the request for examination, an intimation of such examination may be sent to such interested person. {4)(i) The time for putting an application in order for grant under section 21 shall be six months from the date on which the first statement of objection is issued to the applicant to comply with the requirements; (ii) Notwithstanding anything contained in these rules, the period specified in ciause (i) may be extended for a further period not exceeding three months by the Controller in circumstances beyond the control of the applicant, on a request made in Form 4 by the

(~II-~3(ii)J "fl'{(J lfiT v,,r:r,r : ~ 65 applicant along with fee specified in the First Schedule before expiry of the time specified in clause (i); (iii) The time for putting an application in order for grant which has been examined before the 1st day of January, 2005, shall be twelve months from the date on which the first statement of objections has been issued to the applicant to comply with the requirements.". 13. In rule 26 of the principal rules, sub-rule (2) shall be omitted. 14. For rule 27of the principal rules, the following rule shall be substituted, namely: ­ "27. Inspection and supply of published documents.

of the principal rules, sub-rule (2) shall be omitted. 14. For rule 27of the principal rules, the following rule shall be substituted, namely: ­ "27. Inspection and supply of published documents. - After the date of publication of the application under section 11A, the application together with the complete specification and provisional specification, if any, the drawing, if any, and the abstract filed in respect of the application may be inspected at the appropriate office by making a written request to the Controller on payment of the fee in that behalf and copies thereof may be obtained on payment of fees specified in the First Schedule.". 15. In rule 28 of the principal rules, (a) in sub - rule (2), in the first proviso, for the word "specified", the words "referred to" shall be substituted; (b) in sub-rule (5), for the words "accept the specification", the words "grant the patent" shall be substituted. 16. After rule 28 of the principal rules, the following rule shall be inserted, namely: ­ "28A. Procedure in relation to consideration of report of examiner under section 14. - In case the applicant contests any of the objections communicated to him, the procedure specified under rule 28 may apply.". 17.

relation to consideration of report of examiner under section 14. - In case the applicant contests any of the objections communicated to him, the procedure specified under rule 28 may apply.". 17. In rule 29 of the principal rules, for sub-rule (2), the following sub-rule shall be substituted, namely: ­ "(2) If the applicant's specification is otherwise in order for grant and an objection under clause /b) of sub-section (1) of section 13 is outstanding, the Controller may postpone the grant of patent and allow a period of two months for removing the objection.ff. 18. In rule 32 of the principal rules, the words and figures "or section 25" shall be omitted. 19. For rule 37 of the principal rules, the following rule shall be substituted, namely: ­ 3852 G]/()4-9

66 THEGAZETTEOFINDIA EXlRAORDJNARY (PART II-SEc 3(u)j "37. Numbering of applications on the grant of patent. - On the grant of a patent, the application shall be accorded a number (called serial number) in the series of numbers accorded to patents under the Indian Patents and Designs Act, 1911 (2 of 1911) which shall be the number of the patent so granted.". 20. Rule 38 of the principal rules shall be omitted. 21. In Chapter V of the principal rules, (rules 39 to 54) shall be omitted. 22. In Chapter VI of the principal rules, for the heading "OPPOSITION TO THE GRANT OF PATENT", the following heading shall be substituted, namely: ­ "OPPOSITION PROCEEDINGS" 23. For rules 55 to 57 of the principal rules, the following rules shall be substituted, namely: ­ "55.

OF PATENT", the following heading shall be substituted, namely: ­ "OPPOSITION PROCEEDINGS" 23. For rules 55 to 57 of the principal rules, the following rules shall be substituted, namely: ­ "55. Opposition by representation against the grant of patent. - (1) Representation for opposition under sub-section (1) of section 25 shall be filed at the appropriate office within a period not exceeding three months from the date of publication of the application under section 11A of the Act, or before the grant of patent, whichever is later and shall include a statement and evidence, if any, in support of the representation and a request for hearing if so desired. (2) The Controller shall consider such representation only when a request for examination of the application has been filed. (3) On consideration of the representation if the Controller is of the opinion that application for patent shall be refused or the complete specification requires amendment, he shall give a notice to the applicant to that effect. (4) On receiving the notice under sub-rule (3), the applicant shall, if he so desires, file his statement and evidence, if any in support of his application within one month from the date of the notice. (5) On consideration of the statement and evidence filed by the applicant, the Controller may either refuse to grant a patent on the application or require the complete specification to be amended to his satisfaction before the patent is granted.

filed by the applicant, the Controller may either refuse to grant a patent on the application or require the complete specification to be amended to his satisfaction before the patent is granted. (6) After considering the representation and submission made during the hearing if so requested, the Controller shall proceed further simultaneously either rejecting the representation and granting the patent or accepting the representation and refusing the grant of patent

67 ['ll'T ll-1"'63(ii)] ~ <fir~ : ~ on that application, ordinarily within one month from the completion of above proceedings. SSA. Filing of notice of opposition. -The notice of opposition to be given under sub- section (3) of section 25 shall be made in Form 7 and sent to the Controller in duplicate at the appropriate office. 56. Constitution of Opposition Board and its proceeding. ­ (1) On receipt of notice of opposition, the Controller shall, by order, constitute an Opposition Board consisting of three members and nominate one of the members as the Chairman of the Board. (2) An examiner appointed under sub-section (2) of section 73 shall be eligible to be a member of the Opposition Board. (3) The examiner, who has dealt with the application for patent during the proceeding for grant of patent thereon shall not be eligible as member of Opposition Board as specified in sub-rule (2) for that application.

ho has dealt with the application for patent during the proceeding for grant of patent thereon shall not be eligible as member of Opposition Board as specified in sub-rule (2) for that application. (4) The Opposition Board shall conduct the examination of the notice of opposition along with documents filed under rules 57 to 60 referred to under sub-section (4) of section 25, submit a report with reasons on each ground taken in the notice of opposition with its joint recommendation within three months from the date on which the documents were forwarded to them. 57. Filing of written statement of opposition and evidence. - The opponent shall send a written statement in duplicate setting out the nature of the opponent's interest, the facts upon which he bases his case and relief which he seeks and evidence, if any, along with notice of opposition and shall deliver to the patentee a copy of the statement and the evidence, if any.". 24. In rule 58 of the principal rules, ­ (a) in sub-rule (1 ), for the word "applicant", the word "patentee" shall be substituted; (b) for sub-rule (2), the following sub-rule shall be substituted, namely: "(2) If the patentee does not desire to contest or leave his reply and evidence within the period as specified in sub-rule (1 ), the patent shall be deemed to have been revoked.". 25. In rule 59 of the principal rules, for the word "applicant's" wherever they occur, and for the word "applicant", the words "patentee's" and "patentee" shall respectively be substituted.

d.". 25. In rule 59 of the principal rules, for the word "applicant's" wherever they occur, and for the word "applicant", the words "patentee's" and "patentee" shall respectively be substituted.

68 THE GAZETTE OF INDIA: EXTRAORDINARY jP,\RT II-SEC. 3(ii)j 26. In rule 62 :• :>rincipal rules, ­ (a) h ,_1-;., Jle (1 ), the following sub-rule shall be substituted, namely: ­ "(1) On the completion of the presentation of evidence, if any, and on receiving the recommendation of Opposition Board or at such other time as the Controller may think fit, he snail fix a date and time for the hearing of the opposition and shall give the parties not less than ten days' notice of such hearing and may require members of Opposition Board to be present in the hearing.". (b) for sub-rule (5), the following sub-rule shall be substituted. namely:­ "(5) After hearing the party or parties desirous of being heard, or if neither party desires to be heard, then without a hearing, and after taking into consideration the recommendation of Opposition Board, the Controller shall decide the opposition and notify his decision to the parties giving reasons therefor.". 27. For rule 63 of the principal rules, the following rule shall be substituted, namely:• "63. Determination of costs. - If the patentee notifies the Controller that he desires to withdraw the patent after notice of opposition is given, the Controller, depending on the merits of the case, may decide whether costs should be awarded to the opponent.". 28.

that he desires to withdraw the patent after notice of opposition is given, the Controller, depending on the merits of the case, may decide whether costs should be awarded to the opponent.". 28. After rule 63 of the principal rules, the following rule shall be inserted, namely:­ "63A. Request made under section 26(1). - Request under section 26(1) shall be made on Form 12 within three months from the date of the order of the Controller and shall be accompanied by a statement setting out the facts upon which the petitioner relies and relief he claims.~. 29. Rules 64 and 65 of the principal rules shall be omitted. 30. For rule 69 of the principal rules, the following rule shall be substituted, namely: ­ "69. Procedure for the hearing of claim or an application under section 28, • The procedure specified in rules 55A and 57 to 63 relating to the filing of notice of opposition, written statement, reply statement, leaving evidence, hearing and cost shall, so far as may be, apply to the hearing of a claim or an application under section 28 as they apply to the opposition proceedings subject to the modification that reference to patentee shall be construed as the person making the claim, or an application, as the case may be.".

n 28 as they apply to the opposition proceedings subject to the modification that reference to patentee shall be construed as the person making the claim, or an application, as the case may be.".

69 ( 'ltJ1T II-~3(ii) J 31. For rule 71 of the principal rules, the following rule shall be substituted, namely: ­ "71. Permission for making patent application outside India under section 39. - (1). The request for permission for making patent application outside India shall be made in Form 25. (2). The request made under sub-rule (1) shall be disposed of by the Controller ordinarily within a period of three months from the date of filing of such request.". 32. In CHAPTER VIII, for the existing heading, the following heading shall be substituted, namely: ­ "GRANT OF PATENTS". 33. Rule 73 of the principal rules shall be omitted. 34. After rule 74 of the principal rules, the following rule shall be inserted, namely: ­ "74A. Inspection of documents related to grant of patent. - After the date of publication of a grant of a patent, the application together with the complete specification and provisional specification, if any, the drawing if any, abstract and other documents related thereto may be inspected at the appropriate office by making a written request to the Controller and on payment of fee and may obtain copies on payment of fee specified in the First Schedule.". 35. For rule 78 of the principal rules, the following rule shall be substituted, namely: ­ "78. Procedure for the hearing of proceedings under section 51.

f fee specified in the First Schedule.". 35. For rule 78 of the principal rules, the following rule shall be substituted, namely: ­ "78. Procedure for the hearing of proceedings under section 51. ­ The procedure specified in rules 55A and 57 to 63 relating to the filing of notice of opposition, written statement, reply statement, leaving evidence, hearing and costs 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 proceeding.". 36. In rule 79 of the principal rules, before the word "court" wherever it occurs, the words "Appellate Board or" shall be inserted. 37. In rule 80 of the principal rules, after sub-rule (1 ), the following sub-rule shall be inserted, namely: • "(1A) The period for payment of renewal fees so specified in sub-rule (1 ) may be extended to such period not being more than six months if the request for such extension of time is made in Form 4 with the fee specified in the First Schedule.". 38. In rule 81 of the principal rules, ­

to such period not being more than six months if the request for such extension of time is made in Form 4 with the fee specified in the First Schedule.". 38. In rule 81 of the principal rules, ­

TIIE GAZETIEOFINDIA: EXTRAORDINARY [PART 11-SEc. 3(ii)] (a). in sub-rule (2), for the word "accepted", the word "granted" shall be substituted; (b) for sub-rule (3), the following sub-rule shall be substituted, namely: ­ "3(a) If the application for amendment under sub-rule (1) is made after grant of patent and the nature of the proposed amendment is substantive, the application shall be published. (b) Any person interested in opposing the application for amendment shall give a notice of opposition in Form 14 within three months from the date of publication of the application. (c) The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 57 as they apply to the hearing of an opposition proceeding.". 39. For rule 83 of the principal rules, the following rule shall be substituted, namely:­ "83. Publication of the amendment allowed. - The amendments allowed after a patent has been granted, shall be published.". 40.

he principal rules, the following rule shall be substituted, namely:­ "83. Publication of the amendment allowed. - The amendments allowed after a patent has been granted, shall be published.". 40. In rule 84 of principal rules, for sub - rule (3), the following sub-rule shall be substituted, namely: ­ "(3) Where applicant requests for a hearing within the time allowed and the Controller, after giving the applicant such a hearing, is prima facie satisfied that the failure to pay the renewal fees was unintentional, he shall publish the application.". 41. For rule 85 of the principal rules, the following rule shall be substituted, namely: ­ "85. Opposition to restoration under section 61. - (1) At any time, within two months from the date of publication of the application under sub-rule (3) of rule 84, any person interested may give notice of opposition thereto in Form 14. (2) A copy of the notice of opposition shall be sent by the Controller to the applicant. (3) The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under

specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under

71 [~Il-~3(ii)] section 60 as they apply to the hearing in the opposition proceeding.". 42. In rule 86 of the principal rules, for sub-rule (2), the following sub-rule shall be substituted, namely: ­ "(2) The Controller shall publish his decision.". 43. For rule 87 of the principal rules, the following rules shall be substituted, namely: ­ "87. Surrender of Patents. - (1) The Controller shall publish the notice of an offer given under section 63. (2) Any person interested may, within three months from the date of publication of the notice, give notice of opposition to the Controller in Form 14 in duplicate. (3) The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 63 as they apply to the hearing in opposition proceeding. (4) If the Controller accepts the patentee's offer to surrender the patent, he may direct the patentee to return the patent, and on receipt of such patent, the Controller shall by order revoke it and publish the revocation of the patent.". 44. In sub-rule (2) of rule 88 of the principal rules, for the words "Controller c the courts", the words "Controller or Appellate Board or the courts" sha be substituted. 45. Rule 89 of the principal rules shall be omitted. 46.

the principal rules, for the words "Controller c the courts", the words "Controller or Appellate Board or the courts" sha be substituted. 45. Rule 89 of the principal rules shall be omitted. 46. In rule 90 of the principal rules, for the word and figures "Form 17 occurring at both the places, the word and figures "Form 16" shall b, substituted. 47. For rule 96 of the principal rules, the following rules shall be substitutec namely: ­ "96. Application for compulsory licence etc. - An application to the Controller for an order under section 84, section 85, section 91 or section 92 or section 92A shall be in Form 17, or Form 19, as the case may be. Except in the case of an application made by the Central Government, the application shall set out the nature of the applicant's interest and terms and conditions of the licence the applicant is willing to accept.". 48. In rule 98 of the principal rules,­

72 THE GAZEITEOF INDIA: EXTRAORDINARY (PART II-SEC. J(ii)] (a) in sub-rule (1 ), for the word" advertisement", the word "publication shall be substituted; (b) in sub-rule (6), for the words "of opposition to the grant of patents", the words "in opposition proceedings" shall be substituted. 49. For rule 99 of the principal rules, the following rule shall be substituted, namely: ­ "99. Manner of publication of the revocation order. - The Controller shall publish the order made by him under sub-section (3) of section 85 revoking a patent.". 50.

all be substituted, namely: ­ "99. Manner of publication of the revocation order. - The Controller shall publish the order made by him under sub-section (3) of section 85 revoking a patent.". 50. In rule 100 of the principal rules, for the word and figures "Form 21", the words and figures "Form 20" shall be substituted. 51. In rule 101 of the principal rules, in sub-rule (7), for the words "of opposition to the grant of patents", the words "in opposition proceedings" shall be substituted. 52. In rule 102 of the principal rules, ­ (a) in sub-rule (1 ), for the word and figures "Form 22", the word and figures "Form 21" shall be substituted; (b) in sub-rule (6), for the words "of opposition to the grant of a patent", the words "in opposition proceeding." shall be substituted. 53. In rule 103 of the principal rules, in sub-rule (1), forthe words "names and addresses", the words "names, addresses, specimen signatures and photographs" shall be substituted. 54. In rule 108 of the principal rules, after sub-rule (2), the following sub-rule shall be inserted, namely: ­ "(3)(i) Copies of register of patent agents shall be maintained in each of the branch offices; (ii) The register of patent agents shall also contain specimen signatures and photographs of the persons registered as patent agents.". 55. In rule 109 of the principal rules, in sub-rule (1), for the word and figures "Form 23", the word and figures "Form 22" shall be substituted. 56.

f the persons registered as patent agents.". 55. In rule 109 of the principal rules, in sub-rule (1), for the word and figures "Form 23", the word and figures "Form 22" shall be substituted. 56. In rule 110 of the principal rules, for sub-rule (3), the following sub - rule shall be substituted, namely: ­ "(3) The qualifying marks for each written paper and for the viva voce examination shall be fifty percent each, of total marks and a candidate

73 (~Ii-~3(ii)] shall be declared to have passed the examination only if he obtains an aggregate of sixty percent of the total marks.". 57. After rule 111 of the principal rules, the following rule shall be inserted namely: ­ "111A - Issue of dupl\cate certificate of patent agents. - The Controller may issue a duplicate certificate of registration as patent agent on a request made by the person so registered as patent agent along with fee specified in the first schedule and contain a statement setting out the circumstances in which the original certificate issued under rule 111 was lost, destroyed and can not be produced.". 58. In rule 112 of the principal rules, for the word and figures "Form 23", the word and figures "Form 22" shall be substituted. 59. In rule 116 of the principal rules, in sub-rule (2), for the words "shall be notified in the Official Gazette", the words "shall be published" shall be substituted. 60.

shall be substituted. 59. In rule 116 of the principal rules, in sub-rule (2), for the words "shall be notified in the Official Gazette", the words "shall be published" shall be substituted. 60. In rule 117 of the principal rules, ­ (a) in sub-rule (1), for the word and figures "Form 24", the word and figures "Form 23" shall be substituted; (b) in sub-rule (3), for the words "shall be notified by the Controller in the Official Gazette", the words "shall be published" shall be substituted. 61. In rule 118 of the principal rules, in sub - rule (2), for the words "shall be notified in the Official Gazette", the words "shall be published" shall be substituted. 62. In rule 120 of the principal rules, the words "in the Official Gazette and in such other manner as the Controller may deem fit" shall be omitted. 63. For rule 121 of the principal rules, the following rules shall be substituted, namely: ­ "121. Period within which copies of specification etc are to be filed. - The period within which copies of specification or corresponding documents to be filed by the applicant under sub­ section ( 1 ) of section 138 shall be three months from the date of communication by the Controller. 121A. Address of Communications, - All communications in relation to any proceeding under the Act or these rules shall be addressed to the Controller at the appropriate office.". 64. In rule 123 of the principal rules, the words "in the Official Gazette" shall be omitted. 65.

g under the Act or these rules shall be addressed to the Controller at the appropriate office.". 64. In rule 123 of the principal rules, the words "in the Official Gazette" shall be omitted. 65. In rule 124 of the principal rules, ­ (a) in sub-rule (1), the words "in the Official Gazette" shall be omitted;

74 THEGAZETIEOF!NDIA EXTRAORDINARY {PART Il-SEc 3(n)) (b) in sub-rule (4), for the words "to the hearing of the Opposition to the grant of patents", the words "in the hearing of the opposition proceeding" shall be substituted. 66. For rule 129 of the principal rules, the following rule shall be substituted, namely: ­ "129. Exercise of discretionary power by the Controller. - Before exercising any discretionary power under the Act or these rules which is likely to affect an applicant for a patent or a party to a proceeding adversely, the Controller shall give such applicant or party, a hearing, after giving him or them, ten days notice of such hearing ordinarily. 67. In rule 130 of the principal rules, in sub-rule (1) and (2), for the word and figures "Form 25", the word and figures "Form 24" at both the places shall be substituted. 68. In rule 131 of the principal rules, ­ (a) in sub-rule (1), for the word and figures "Form 29" the word and figures "Form 27" shall be substituted; (b) in sub-rule (3), the words "in the official Gazette and in such other manner as he may deem fit" shall be omitted. 69.

figures "Form 29" the word and figures "Form 27" shall be substituted; (b) in sub-rule (3), the words "in the official Gazette and in such other manner as he may deem fit" shall be omitted. 69. In rule 134 of the principal rules, in sub - rule (1), for clauses (f), (g) and (k), the following clauses shall respectively be substituted, namely: ­ "(f) as to when an application for patent has been refused; (g) as to when a patent has been granted; (k) as to when any application is made or action taken involving an entry in the register, publication in the Official Gazette or otherwise, if the nature of the application or action is specified in the request.". 70. For rule 138 of the principal rules, the following rule shall be substituted, namely: ­ "138 Power to extend time prescribed. - (1) Save as otherwise provided in the rules 24, !',5 and 80(1A), the time prescribed by these rules for doing of any act or the taking of any proceeding thereunder may be extended by the Controller for a period of one month, if he thinks it fit to do so and upon such terms as he may direct. {2) Any request ,v, extension of time made under these rules shall be made before the, expiry of prescribed period.". 71. For the First Schedule ;,nd the Second Schedule to the principal rules, the following Schedules st,all be substituted, namely: ­

ules shall be made before the, expiry of prescribed period.". 71. For the First Schedule ;,nd the Second Schedule to the principal rules, the following Schedules st,all be substituted, namely: ­

75 [1-fl1TII-~J(ii)] "THE FIRST SCHEDULE (See rule 7) FEES Number On what payable Number Amount of fees (in rupees) of entry of the relevant For natural person(s) For other than Form natural person(s) either alone or jointly with natural person(s) 1. 2. 3. 4 5. Rupees Rupees 1. On application for a patent under 1 1000 4,000 sections 7, 54 or 135 and rule 20 Multiple of 1000 in Multiple of (1) accompanied by provisional / complete specification - case of every multiple 4,000 in case priority. of every (i) for each sheet of specification in (i) 100 multiple addition to 30; (ii) 200 priority (ii) for each claim in addition to 10. (i) 400 (ii) 800 2. On filing complete specification 2 No fee No fee after provisional upto 30 pages having upto 10 claims. - (i) 100 (i) 400 (i) for each sheet in addition to 30; (ii) (ii I 200 (ii) 800 for each claim in addition to 10. 3. On filing a statement undertakina under section 8. and 3 No fee No fee 4. (i) On request for extension of time 4 300 1200 under sections 53(2) and 142(4), per month per month rules 13(6), 80(1A) and 130. 4(ii) On request for extension of time 4 (a) 1000 for first month (a) 4000 for under section 21 (1) and rule first month 24B(4 )(ii).

, per month per month rules 13(6), 80(1A) and 130. 4(ii) On request for extension of time 4 (a) 1000 for first month (a) 4000 for under section 21 (1) and rule first month 24B(4 )(ii). (b) 2000 for second month (b) 8000 for (c) 3000 for third second month month (c) 12000 for third month 5. On filing a declaration as to inventorshio under rule 13(6). 5 No fee No fee 6. On application for postdating.

500 2,000

1llEGAZEITEOFINDIA ·EXIRAORDINARY [PART !I-SEC 3(11)} 7. On application for deletion of

500 2,000 reference under section 19(2). 8. (i) On claim under section 20( 1 ); 6 500 2,000 (ii) On request for direction under 2,000 section 20(4) or 20(5). 6 500 9. On notice of opposition to grant of 7 1,500 6,000 oatent under section 25(3). 10, On giving notice that hearing

1,500 6,000 before Controller will be attended under rule 62(2). 11. On application under sections 8 500 2,000 2812, 28/3\ or 28(7). 12, Request for publication section 11A/2) and rule 23B. under 9 2,500 10,000 13. On application under section 44 for 10 1,500 6,000 amendment of oatent. 14. On application for directions under sections 51/1 l or 51/2, 11 1,500 6,000 15. On request for grant of a patent 12 1,500 6,000 under section 26(1) and 52(2i. 16, On request for converting a patent

1,500 6,000 of addition to an independent patent under section 55(1 ). 17.

quest for grant of a patent 12 1,500 6,000 under section 26(1) and 52(2i. 16, On request for converting a patent

1,500 6,000 of addition to an independent patent under section 55(1 ). 17. For renewal of a patent under section 53: • (i) before the expiration of the 2od year from the date of patent in

500 2,000 resoect of 3rd vear; (ii) before the expiration of the 3rd

500 2,000 I vear in respect of the 4th year; (iii) before the expiration of the 4th

500 2,000 1 vear in respect of the 5th vear: (iv) before the expiration of the 5th

500 2,000 vear in resoect of the 6th vear: (v) before the expiration of the 6th

1,500 6,000 vear in resoect of the 7th year; (vi) before the expiration of the 7th

1,500 6,000 vear in respect of the 8th year; (vii) before the expiration of the 8th

1,500 6,000 vear in respect of the 9th vear; ~-- (viii) before the expiration of the 9th

1,500 6,000 vear in resoect of the 10th 11ear; (ix) before the expiration of the 10th

3,000 12,000 vear in resoect of the 11th year; (x) before the expiration of the 11 1 n

3,000 12,000 vear in respect of the 12th year; (xi) before the expiration of the 12th

3,000 12,000 vear in respect of the 13th vear;

he 11th year; (x) before the expiration of the 11 1 n

3,000 12,000 vear in respect of the 12th year; (xi) before the expiration of the 12th

3,000 12,000 vear in respect of the 13th vear;

[ 'll'T Il ~3(iiJl 77 ' (xii) before the expiration of the 13th

3,000 12,000 vear in resnPct of the 14th vear; (xiii) before the exfiration of 14u, year in

3,000 12,000 resoect of 15 ' vear; (xiv) before the exJ;>iration of 15u• year in

5,000 20,000 resoect of 16 ' vear; (xv) before the exJ;liration of 16 year in

5,000 20,000 respect of 17 •year; (xvi) before the exiiration of 1r· year in

5,000 20,000 resoect of 18 1 vear; (xvii) before the ex~iration of 18"' year in

5,000 20,000 resoect of 19 ' vear; (xviii) before the exriration of 19 year in

5,000 20,000 respect of 201 year. 18. On application for amendment of 13 application for patent /complete specification/other related documents under section 57 - (i) before grant of patent; 500 2,000 (ii) after grant of patent; 1,000 4,000 (iii) where amendment is for 200 800 changing name /address /nationality/address for service. 19. On notice of opposition to an 14 1,500 6,000 application under sections 57(4), 61(1) and 87(2) or to surrender a patent under section 63(3) or to a request under section 78(5). 20. On application for restoration of a oatent under section 60. 15 1,500 6,000 21. Additional fee for restoration.

3,000 12,000 22. On notice of offer to surrender a

1,000 4,000 patent under section 63. 23.

storation of a oatent under section 60. 15 1,500 6,000 21. Additional fee for restoration.

3,000 12,000 22. On notice of offer to surrender a

1,000 4,000 patent under section 63. 23. Application for withdrawing the 1,000 4,000 application under section 118(4) and rule 26(1).

On application for the entry in the 1,000 4,000 register of patent of the name of a 16 (In respect of each (In respect of person entitled to a patent or as a patent) each patent) share or as a mortgage or as llcensee or as otherwise or for the entry in the register of patents of no:ification of a document under sections 69(1) or 69(2) and rule 90(1), or 90(2). 25. On application for alteration of an

200 800 entry in the re~ ister of □ atents or

.,. THEGAZETIEOFOOJIA • EXIRAORDINARY [PARTil-SEc 3(n)l . register of patent agent under rule 94(1)orrule 118(1). 26. On request for entry of an additional address for service in the Register of Patents under rule

500 2,000 94(3). 27. On application for compulsory license under sections 84(1 ), 6,000 91 (1 ), 92(1) and 92A. 17 1,500 28. On request for examination of 18 application for patent - (a) under section 11 B and rule 2,500 10,000 24(1 ): (bl under rule 20(4Hiil. 3,500 14,000 29. On application for revocation of a oatent under section 85(1 ). 19 1,500 6,000 30. On application for revision of terms 20 1,500 6,000 and conditions of licence under section 88(4 l. 31. On request for termination of compulsory licence under section 21 1,500 6,000 94.

On application for revision of terms 20 1,500 6,000 and conditions of licence under section 88(4 l. 31. On request for termination of compulsory licence under section 21 1,500 6,000 94. 32. On application for registration as a 22 2,000

patent agent under rule 109( 1 ) or 112. 33. On request for appearing in the

1,000

qualifying examination under rule 109(31. 34. For continuance of the name of a

person in the register of patent aaent - (i) For the 1st year to be paid along

500

with P""' istration; (ii) For every year excluding the 1st

500

year to be paid on the 1st April in each vear. On application for duplicate

1,000

35, certificate of patent agent under rule 111A. 36. On application for restoration of the 23 1,000 (Plus

name of a person in the register of continuation fee under patent agents under rule 117(1). entry number 36) 37. On a request for correction of

500 2,000 clerical error under section 78(2). 38. On application for review or setting 24 1,000 4,000 aside the decisions/ order of the controller under sections 77(1)(f) or 77(1 )(g).

of

500 2,000 clerical error under section 78(2). 38. On application for review or setting 24 1,000 4,000 aside the decisions/ order of the controller under sections 77(1)(f) or 77(1 )(g).

79 ['IWTII ~3(ii)] 39. 40. 41. 42. 43. 44. 45, 46, 47, 48. 49. 50. On application for permIss1on for applying patent outside India under 25 1,000 section 39 and rule 71(1 ). On application for duplicate Patent

1,000 under section 154, and rule 132. On request for certified copies

1,000 under section 72 or for certificate under section 147, and rule 133. For certifying office copies, printed

500 each. On request for inspection of

200 register under section 72, inspection under rule 27 or rule 74A. On request for information under

300 sections 127, 132 and 153; and rule 135. On form of authorization of patent 26 No fee aaent. On petition not otherwise provided

1,000 for. For supplying of photocopies of the documents ner pane.

4 Transmittal fee for International

2,000 application. For preparation of certified copy of

1,000 priority document and for transmission of the same to the International Bureau of World Intellectual Prooertv Oraanization. On statement regarding working of 27 No fee a patented invention on a commercial scale in India under section 146(2) and rule 131 (1 ). 4,000 4,000 4,000 2,000 800 1,200 No fee 4,000 4 8,000 4,000 No fee Note: All the Forms/Applications/Requests/Notice/Petitions shall be filed in duplicate unless otherwise specified in the rules.

00 4,000 2,000 800 1,200 No fee 4,000 4 8,000 4,000 No fee Note: All the Forms/Applications/Requests/Notice/Petitions shall be filed in duplicate unless otherwise specified in the rules.

TIIEGAZETIEOFINDIA:EXIRAORDINARY (PART II SEC. 3(ii)I THE SECOND SCHEDULE {See rule BJ Forms LIST OF FORMS Form No. Section and rule Title 1 2 3 1. Sections 7. 54, and 135 and rule 20(1). Application for grant of a patent. 2. Section 1 0; rule 13. Provisional/Complete Soecification. 3. Section 8 and rule 12. Statement and undertaking. 4. Sections 53(2) and 142(4), rule, 13(6), 24B(4)(ii), 80(1A) and 130. Request for extension for time. 5. Section 10(6) and rule 13(6). Declaration as to inventorship. 6. Sections 20(1 ), 20(4), 20(5) and rules 34(1 ), 35(1) or 36(1 ). Claim or request regarding any change in applicant for patent. 7. Section 25(3) and rule 55A. Notice of opposition on grant of a patent. 8. Sections 28(2), 28(3) or 28(7) and rules 66, 67, 68. Request or claim regarding mention of inventor as such in a patent. 9, Section 11A(2) and rule 24A. Request for publication. 10. Section 44 and rule 75. Application for amendment of patent. 11. Sections 51 (1 ), 51 (2) and rules 76, 77. Application for direction of the control/er. 12. Sections 26( 1) & 52(2) and rules 63A and 79. Request for grant of patent. 13. Section 57 and rule 81(1). Application for amendment of the application for patenVcomplete specification.

Sections 26( 1) & 52(2) and rules 63A and 79. Request for grant of patent. 13. Section 57 and rule 81(1). Application for amendment of the application for patenVcomplete specification.

81 [~II-~3(ii)] 'iffif-afifmmf:~ 14. Sections 57(4), 61(1), 63(3), 78(5) Notice of opposition to and 87(2) and rules 81(3)(b), amendment/restoration/surrender 85(1), 87(2), 98(1), 101(3)or 124. of patent/grant of compulsory license or revision of terms thereof or to a correction of clerical errors. Application for restoration of patents. 15. Section 60 and rule 84. 16, Sections 69(1) or 69(2) and rules Application for registration of 90(1) and 90(2). title/interest in a patent or share in it or registration of any document purporting to affect proprietorship of the patent. 17. Sections 84(1 ), 91, 92 or 92A and Application for compulsory rule 96. license. 18. Section 11B and Rule 20(4)(ii) and Request for examination of 248(1 )(i). application for patent. 19, Application for revocation of a patent for non-working. Section 85(1) and rule 96. Application for revision of terms and conditions of license. 20. Section 88(4) and rule100. Request for termination of compulsory licence. 21. Section 94, rule 102(1). Application for registration of Patent Aaent. 22. Rules 109(1) and 112. 23. Section 130(2) and rule 117(1). Application for the restoration of the name in the register of Patent Aaents. Application for review/setting 24.

Patent Aaent. 22. Rules 109(1) and 112. 23. Section 130(2) and rule 117(1). Application for the restoration of the name in the register of Patent Aaents. Application for review/setting 24. Sections 77(1 )(/), 77(1)(g) and aside controller's decision/order. rules 130(1) and 130(2). Request for permission for making patent application outside India 25, Section 39 and rule 71(1). Form of authorization of a Patent Agent/or any person in a matter or proceeding under the Act. 26. Sections 127, 132 and rule 135. Statement regarding the working of the Patented invention on commercial scale in India. 27. Section 146(2) and rule 131(1). i 3852Gll04-ll

82 I THEGAZE:rrEOFINDIA:EXTRAORDINARY (PARTII-SEc. 3(ii)I FORM 1 THE PATENTS ACT 1970 (39 of 1970) & The Patents Rules, 2003 APPLICATION FOR GRANT OF PATENT (See section 7,54&135and rule20 (1))

  1. APPLICANT /Sl I Name I Nationalitv I I
  2. INVENTOR (Sl I Name I Nationalitv I I
  3. TITLE OF THE INVENTION
  4. ADDRESS FOR CORRESPONDENCE OF APPLICANT/AUTHORIZED PATENT AGENT IN INDIA (FOR OFFICE USE ONLY) Application No: Filing Date: Amount of Fee Paid: CBRNo: Sianature: I Address I ! I Address I I I Telephone No. Fax No. Mobile No. E-mail:
  5. PRIORITY PARTICULARS OF THE APPLICATION /Sl FILED IN CONVENTION COUNTRY Country Title of the Number Application Filing Date Name of the Invention Applicant

PARTICULARS FOR FILING PATENT COOPERATION TREATY (PCT) NATIONAL PHASE APPLICATION

International application number.

of the Number Application Filing Date Name of the Invention Applicant 6. PARTICULARS FOR FILING PATENT COOPERATION TREATY (PCT) NATIONAL PHASE APPLICATION

International application number. International filing date as allotted by the receiving office. 7. PARTICULARS FOR FILING DIVISIONAL APPLICATION Original (first) application number. Date of filing of Original (first) application 8. PARTICULARS FOR FILING PATENT OF ADDITION I Main annlication/natent Number. Date of filina of main annlication I I I 9. DECLARATIONS: (i) Declaration by the inventor{s} I/We, the above named inventor(s) is/are the true & first inventor(s) for this invention and declare that the applicant(s)herein is/are my/our assignee or legal representative. (a) Date (b) Signalure( s) (cl Name(sl (ii) Declaration by the applicant(s) in the convention country I/We, the appticant(s) in the convention country declare that the applicant(s)herein is/are my/our assignee or legal representative. (a) Date i i (bl Signature(s) (cl Namefs) of the siQnatorv

y I/We, the appticant(s) in the convention country declare that the applicant(s)herein is/are my/our assignee or legal representative. (a) Date i i (bl Signature(s) (cl Namefs) of the siQnatorv

83 1-l'l«J qif ~ : arnNR:Ur (iii) Declaration by the applicant(s): I/We, the applicant(s) hereby declare(s) that: • a I am /We are in possession of the above-mentioned invention a The provisional/complete specification relating to the invention is filed with this application. a The invention as disclosed in the specification uses the biological material from India and the necessary permission from the competent authority shall be submitted by me/us before the grant of patent to me/us. a There is no lawful ground of objection to the grant of the Patent to me/us. a I am/ We are the assignee or legal representative of true & first inventors. a The application or each of the applications, particulars of which are given in Para ­ 5 was the first application in convention country/countries in respect of my/our invention. a I/We claim the priority from the above mentioned application(s) filed in convention country/countries and state that no application for protection in respect of the invention had been made in a convention country before that date by me/us or by any person from which I/We derive the title. a My/our application in India is based on international application under Patent Cooperation Treaty (PCT) as mentioned in Para - 6.

ate by me/us or by any person from which I/We derive the title. a My/our application in India is based on international application under Patent Cooperation Treaty (PCT) as mentioned in Para - 6. a The application is divided out of my/our application particulars of which are given in Para - 7 and pray that this application may be treated as deemed to have been filed on ____ under sec.16 of the Act. a The said mvention is an improvement in or modification of the invention particulars of which are given in Para - 8. 10. Following are the attachments with the application: (a) Provisional specification/Complete specification (b) Complete specification (in conformation with the international application)/as amended before the International Preliminary Examination Authority (IPEA), as applicable (2 copies), No. of pages __ No. of claims.____ (c) Drawings (in conformation with the international application)/as amended before the International Preliminary Examination Authority (IPEA), as applicable (2 copies),No. of sheets.~--~­ (d) Priority documents (e) Translation of priority documenVSpecification/lnternational Search Report (f) Statement and undertaking on Form 3 (g) Power of Authority (h) Declaration of inventorship on Form 5 (i) Sequence listing in electronic form U) ····························"············· Fee Rs ........................ .in Cash./ Cheque/ Bank Draft bearing no ............... . Date ........................... on .................................... Bank.

·············"············· Fee Rs ........................ .in Cash./ Cheque/ Bank Draft bearing no ............... . Date ........................... on .................................... Bank. I/We hereby declare that to the best of my/our knowledge, information and belief the fact and matters slated herein are correct and I/We request that a patent may be granted to me/us for the said ,,wention. Dated this........ . ........ day of .................. 20 .......... . Signature:­ Name: To, The Controller of Patent The Patent Office, at. ......... . Note: -*Repeat boxes in case of more than one entry. *To be signed by the applicant(s) or by authorized registered patent agent otherwise where mentioned. *Tick (✓)/cross (x) whichever is applicable/not applicable in declaration in para-9. *Name of the inventor and applicant should be given in full, family name in the beginning. *Complete address of the inventor and applicant should be given stating the postal index no./code, i state and count~. *Strike out the column which is/are not applicable * For fee: See First Schedule 1

lete address of the inventor and applicant should be given stating the postal index no./code, i state and count~. *Strike out the column which is/are not applicable * For fee: See First Schedule 1

84 1llE GAZETTE OF INDIA: EX1RAORDINARY [PART II-SEC. J(ii)j FORM2 THE PATENT ACT 1970 (39 of 1970) & PROVISIONAUCOMPLETE SPECIFICATION {See section 10 and rule13)

  1. TITLE OF THE INVENTION
  2. APPLICANT (S) (a) NAME: (b) NATIONALITY: (c) ADDRESS:
  3. PREAMBLE TO THE DESCRIPTION PROVISIONAL COMPLETE The following specification describ invention. es the The following sp the invention an performed. ecification particularly describes d the manner in which it is to be
  4. DESCRIPTION (Description shall start from next page.)
  5. CLAIMS (not applicable for provisional specification. Claims should start with the preamble ­ "I/we claim" on separate page)
  6. DATE AND SIGNATURE {to be given at the end of last page of specification)
  7. ABSTRACT OF THE INVENTION (to be given along with complete specification on separate page) 1 Note: ­ ~ *Repeat boxes in case of more than one entry. • *To be signed by the applicant(s) or by authorized registered patent agent. , *Name of the applicant should be given in full , family name in the beginning . I *Con.plete address of the applicant should be given stating the postal index no./code, state and country. *Strike out the column which is/are not applicable 1

, family name in the beginning . I *Con.plete address of the applicant should be given stating the postal index no./code, state and country. *Strike out the column which is/are not applicable 1

85 [""1 Il--3(ii)] 1-TI«r 1!fiT ~ : ~ FORM 3 THE PATENTS ACT, 1970 (39 of 1970) & STATEMENT AND UNDERTAKING UNDER SECTION 8 (See section 8, rule 12)

  1. Namely of the applicant(s). I/We.1 .._____________ hereby declare: (i) that I/We have not made any application for the
  2. Name, address and nationality same/substantially the same invention outside India. of the joint applicant: Or (ii) that I/We who have made this application No. Dated,___ alone/jointly wjth .............. . made for the same/substantially same invention, app!ication{s) for patent in the other countries, the particulars of which are given below: Name of the count1y. Date of Application Status of the Date of Date of application · No. application publication grant
  3. Name and address of the (iii) that the rights in the application(s) has/.have 3 assignee been assigned to. that l/We undertake that upto the date of grant of the patent, by the Controller, I/We would keep him informed in writing the details regarding corresponding applications for patents fifed outside India within three months from the date of filing of such application. Dated this ................... day of ............................................ 20
  4. To be signed by the applicant or his authorised registered patent agent. 5.Name of the natural person who ( Signature 4 .. )5 has signed.

of ............................................ 20 4. To be signed by the applicant or his authorised registered patent agent. 5.Name of the natural person who ( Signature 4 .. )5 has signed. To The Controller of Patents, The Patent Office, At Note: Strike out whichever is not applicable.

86 TIIEGAZETTEOFINDIA EX1RAORDINARY [PART II-SEC 3(11)] FORM 4 (39 of 1970) & REQUEST FOR EXTENSION OF TIME [ See sections 53(2) and 142(4) rules 13(6), 24B(4)(ii), 80(1A) and 130]

  1. Name of the applicant.

To be signed by the applicant or his authorised registered patent agent. 3. Name of the natural person who has signed hereby request for extension of time for _____ month(s) under Section/Rule~~~~~-­ in connection with my/ our application / Patent No.__~ The reasons for making the request are as follows: ­ Dated this day of ............................................ 20 2 Signature (-------------------------------------------------------------) 3 To The Patent Office, At Note: For fee : See First Schedule.

of ............................................ 20 2 Signature (-------------------------------------------------------------) 3 To The Patent Office, At Note: For fee : See First Schedule.

(-qpJil-~J(ii)] ff7 FORMS (39 of 1970) & DECLARATION AS TO INVENTORSHIP [See section 10(6) and rule 13(6)] I

  1. NAME OF APPLICANT (S) r-·---~--·-·-----,------CC""7"""7 hereby declare that the true and first inventor(s) of the invention disclosed in the complete specification filed in pursuance of my /our application numbered dated is/are
  2. INVENTOR (5) (a) NAME I (b) NATIONALITY (c) ADDRESS 1, o,,~,_::::,.,~j:s"i~~~;;,:,:,,:,ro.,'"' APPLICANT (S) IN THE CONVENTION COUNTRY: - We the applicant(s) in the convention country hereby declare that our right to apply for a patent in India is by way of assignment from the true and first inventor(s). Dated this ........................day of. .................20........... . Signature: - ~ Name of the signatan,: -
  3. STATEMENT (to be signed by the additional inventor(s) not mentioned in the application form) I/We assent to the invention referred to in the above declaration, being included in the complete specification fifed in pursuance of the stated application. I Daled this ........................ day of. .................20.......... .. Signature of the additional inventor(s): ­ Name: ­ To, The Contro!ler of Patent The Patent Office, at.. ....... . Note "Repeat boxes in case of more than one entry.

...............20.......... .. Signature of the additional inventor(s): ­ Name: ­ To, The Contro!ler of Patent The Patent Office, at.. ....... . Note "Repeat boxes in case of more than one entry. ''To be signed by the applicant(s) or by authorized registered patent agent otherwise where mentioned. *Name of the inventor and applicant should be given in full, family name in the beginning . *Complete address of the inventor should be given stating the postal index no./code, state and country. I *Strike out the column which isl are not applicable '------------------~-----------~-~~-~

88 TIIE GAZETTE OF INDIA• EXIRAORDINARY [P,\RT II-SEC. 3(1i)J FORM 6 (39 of 1970) & CLAIM OR REQUEST REGARDING ANY CHANGE IN APPLICANT FOR PATENT [ See sections 20(1), 20(4) and 20(5); rules 34(1), 35(1) and 36(1)]

  1. Repeat the columns (a) to (c) if 1/We,1 there are more than one applicant. (a), ------------­ (b)'_____________
  2. Insert the name in full. The family or principal name in the (c)' ______________ beginning if the applicant is a natural person. hereby request that the application for patent
  3. Insert the complete address No.................................dated ................. . including postal index number/code and state and/or made by'·--~----------­ country.
  4. Insert the nationality.

State the name of the applicant(s) for patent. 6. Original and certified copies of the documents shall accompany the claim or request.

--------­ country. 4. Insert the nationality. 5. State the name of the applicant(s) for patent. 6. Original and certified copies of the documents shall accompany the claim or request. Consent by the legal representative of the deceased joint applicant shall be filed whenever required. 7. Insert the details of the documents. 8. Complete address including postal index number/code and state along with Telephone and fax number(s). 9. To be signed by the applicant( s) or authorized registered patent agent. may proceed in my/our name and further request that direction of the Controller, if necessary be made in that effect Reasons for making the above request are as follows:­ I furnish the following document(s) in support of my above request: 6 (a)'---------­ (b)'--------­ (c)'---------­ My/our address for service in India is:.8

(qP'fII-~3(ii)] 8') 10. Name of the natural person who has signed. Dated this ................ day of .................... , 200 Signature '· . . . ( - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ) 10•• To The Patent Office, Af .................................................................. N.B.: This form is not applicable for mere change of name. Note: (a) Strike out whichever is not applicable. (b) For fee:-See First Schedule. FORM 7 (39 of 1970) & NOTICE OF OPPOSITION [ See sections 25(3) and rule 55A] 1.

le for mere change of name. Note: (a) Strike out whichever is not applicable. (b) For fee:-See First Schedule. FORM 7 (39 of 1970) & NOTICE OF OPPOSITION [ See sections 25(3) and rule 55A]

  1. State names, address and 1/We,1...______________ nationality. hereby give notice of opposition to
  2. State the grounds taken one patent No......................... ) granted on after another. application No. ................ dated ............... . published on dated ................ made by________________ on the grounds 2.
  3. Complete address including postal index number/code and state along with Telephone and fax number.
  4. To be signed by the opponent My/Our address for services in India is.? or by his authorized registered patent agent.
  5. Name of the natural person Signature •• 4 .... who has signed. (-------------------------------------------) 5 •.•• To The Patent Office, At ......................................................... For fee : See First Schedule.

4 .... who has signed. (-------------------------------------------) 5 •.•• To The Patent Office, At ......................................................... For fee : See First Schedule.

90 TI-IE GAZETTE OF INDIA: EX'IRAORDINARY JPART ll-SEC. )(ii)] FORM 8 (39 of 1970) & The Patents Rules, >003 .REQUEST OR CLAIM REGARDING MENTION OF INVENTOR AS SUCH IN A PATENT [ See sections 28(2), 28(3) and 28(7); rules 66, 67 and 68 J 1. State names, address and 1/We, 1 ........................................................... nationality of the person making this application. hereby state/claim that the following person(s) be mentioned as inventor(s) in the patent application No.....................................dated .......... made by__________ 2. Insert the name of the person ____or hereby declare that.2 .. mentioned as inventor. ought not to have mentioned as inventor in the application for Patent No. ..............................dated made by 3. Complete address including postal ................................................and I/We index number/code and state along hereby apply for a certificate to that effect. with Telephone and fax number(s). A Statement setting out the circumstances under which this application Is made is attached together with the copy/copies thereof as required under the rules. 4. To be signed by the applicant or his My/Our address for service in India is3, authorized registered patent agent. Dated this ........................ day of ..................... 20 5.

  1. To be signed by the applicant or his My/Our address for service in India is3, authorized registered patent agent. Dated this ........................ day of ..................... 20
  2. Name of the natural person who has Signature.. 4 .... signed. ( ------------------------------------------ ------ ) 5 .. To The Patent Office, Al ................................... . __________________ Note_ :- ___ For fee : See First Schedule. ___________________________________ _

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

91 [~Il-~3(ii)] ~ cfiT ~ : ~ FORM 9 (39 of 1970) & REQUEST FOR PUBLICATION [ See section 11A(2); rule 24A]

  1. Name, address and nationality of I/We1 ................................•......................... the applicant(s).
  2. To be signed by the applicant or hereby request for early publication of my/our his authorized registered patent agent. application for Patent No..................... dated ........................... under section 11A(2) of the Act. Dated this ............ day of ................................... 20 2
  3. Name of the natural person who Signature .. ... has signed. (--------------------------------------------------------). 3 To The Patent Office, Af........................................ ' Note: - For fee : See First Schedule

nature .. ... has signed. (--------------------------------------------------------). 3 To The Patent Office, Af........................................ ' Note: - For fee : See First Schedule

92 TIIEGAZE'ITEOFINDIA;EXTRAORDINARY (PARTfi-SEc. 3(ii)] FORM 10 (39 of 1970) & APPLICATION FOR AMENDMENT OF PATENT [ See section 44; rule 75]

  1. Repeat the columns (a) to (c) if 1/We.1 .. there are more than one applicant. (a).'.______________ (b).'.______________
  2. Insert the name in full. Family or (c).'.______________ principal name in the beginning if the applicant is a natural person. (a).'.______________ (b).'._____________

Insert the complete address (c).'.______________ including postal index (a).'._______________ number/code and state and/or country. (bl•'·-------------­ (cl-'•---------------­ 4. Insert the nationality. hereby request that Patent No.-----------------------­ ______dated____granted to may be amended by substituting my/our name for 5. Complete address including postal index number/code and state the name of the grantee and in support to my/our along with Telephone and fax request, I/We furnish the following documents : number(s). My/our address for service in India is.5. Dated this .................. day of .............................. 20 6. To be signed by the applicant(s) or his authorised registered patent agent. 7. Name of the natural person who To has signed. The Patent Office, At. ............................................................... Note : - For fee : See First Schedule

red patent agent. 7. Name of the natural person who To has signed. The Patent Office, At. ............................................................... Note : - For fee : See First Schedule

93 FORM 11 (39 of 1970) & APPLICATION FOR DIRECTION OF THE CONTROLLER [ See sections 51(1) and 51(2); rules 76 and 77 J

  1. State the name in full, address I/We1..........................................................•.• and nationality. ········•····•·••••••••••••••••••••••••••••••••••••••••••••••••••• ..................................... " ...................... . hereby apply for the following direction in respect of patent No. ----------------------------­ dated ........................... grant to----------------------­

Complete address including The reasons for making this application are as postal index number/code and state along with Telephone and follows: fax number(s). ···································•······················ 3. To be signed by the applicant(s) or his authorised registered patent agent. My/Our address for service in India • 2 Is: ...... ·······································•--················· Dated this .................. day of ................................ 20 4. Name of the natural person who Signature .. 3 ... has signed. (--------------------------------------------------------------) 4 To The Patent Office, At .............................................................

rson who Signature .. 3 ... has signed. (--------------------------------------------------------------) 4 To The Patent Office, At ............................................................. --------------------------------------------------------------------------------------------· Note: - For fee : See First Schedule

94 TIIEGAZETIEOFINDIA:EXTRAORDINARY [PART II SEC. 3(ii)) FORM 12 (39 of 1970) & REQUEST FOR GRANT OF PATENT UNDER SECTION 26(1) & 52(2) ( See sections 26(1) & 52(2); rules 63A and 79)

  1. Repeat the columns (a) to (c) if there are more than one applicant
  2. Insert the name in full. Family or principal name in the beginning, if the applicant is a natural person.

Insert the complete address including postal code and state and/or country. 4. Nationality of the person. 5. Name of the High Court. 6. Name, address and nationality of the true and first inventor. 7. Complete address including postal index number code and state along with Telephone and fax number(s). 8. To be signed by the applicant(s) (i) (ii ) I/We' ............................................................ . (a).'............................................................. (b).' ............................................................ . (c).'............................................................. hereby declare : that I/We made opposition under section 25(3) before the Controller or a petition under Section 64 of the Act before the Appellate Board or High Court of 5 .......... .

........ hereby declare : that I/We made opposition under section 25(3) before the Controller or a petition under Section 64 of the Act before the Appellate Board or High Court of 5 .......... . and the details of the patent and the opposition for the petition are given below : Patent No. . . . . . . . . . . . . . . . . . . . .. .. ... .. . . . . . . . . . . . . dated .................Grantee I Patentee ....................................................... Oppositio n Notice dated ------------------------ or Petition No. . .................................... dated .................... . that I/We have claimed to be the true and first inventor( s )/assignee( s )/legal representative(s) of 6

95 ~<tif~:arnrtm:Or or his authorised registered patent agent. the true and first inventor of the invention for which the said patent was granted. (iii) that by an order in the said opposition or petition the patent was revoked/the complete specification of the patent was directed to be amended by exclusion of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . claims thereof. (iv) that the Controller or Appellate Board or Court ordered to grant to me a patent in lieu of the said patent/part of the invention excluded by the amendment. (v) that I/We submit a statement and certified copy of the order of the Controller or Appellate Board or Court in support of my application and request that a patent be granted to me in accordance with the order of the Appellate Board or Court. 9.

f the order of the Controller or Appellate Board or Court in support of my application and request that a patent be granted to me in accordance with the order of the Appellate Board or Court. 9. Name of the natural person who My/Our address for service in India is : .7. has signed. Dated this .................... day of .................................. 200 Signature 8 (-----------------------------------------------------------)' ..... To The Patent Office, At .............................. . Note: -(a) Strike out whichever is not applicable. __________________________ .(),) For fee_:__ See First Schedule. _________________________________ .

TIIE GAZEITE OF INDIA, EXTRAORDINARY [PARTlJ-SEc. 3(ii)} FORM 13 (39 of 1970) & APPLICATION FOR AMENDMENT OF THE APPLICATION FOR PATENT/COMPLETE SPECIFICATION [ See section 57; rule 81(1)]

  1. Name of the applicant(s). I/We1.....•..•.................••.•............................
  2. To be signed by the applicant(s) request leave to amend the application/complete or patentee(s) or by his specification with respect to application for patent authorised registered patent No.............................dated .......................... . agent. . as highlighted in the copy hereto annexed.
  3. Name of the natural person who My/Our reasons for making this request are as has signed. follows: I/We declare that no action for infringement or for the revocation of the patent in question is pending before Appellate Board or a Court.

ons for making this request are as has signed. follows: I/We declare that no action for infringement or for the revocation of the patent in question is pending before Appellate Board or a Court. I/We declare that the facts and matters stated herein are true to the best of my/our knowledge information and belief. Dated this . . . . . . . . . . . . . . . . . . .. day of ............................. . 200 Signature • 2 (-----------------·-- -----------------------------) 3 .... To The Patent Office, At ............................................................. Note : For fee: See First Schedule.

['llTTil-~3(ii)] FORM 14 (39 of 1970) & NOTICE OF OPPOSITION TO AMENDMENT/ RESTORATION/ SURRENDER OF PATENT/GRANT OF COMPULSORY LICENCE OR REVISION OF TERMS THEREOF OR TO CORRECTION OF CLERICAL ERRORS [See sections 57(4), 61(1), 63(3), 78(5) and 87(2); rules 81(3)(b), 85(1), 87(2), 98(1), 101(3) and 124] 1. State the name, address and I/We 1 .......................•.........•....••...••..•...•••..•.....•....•..• nationality. hereby give notice of opposition: ­ to the amendment of the application/specification with respect to application for Patent No. ---------=~_dated .................. . OR to the application for restoration of Patent No. ...................................... dated .......................... . 2. Complete address including postal OR index number/code and state along to the offer to surrender the Patent No. with Telephone and fax number(s). . ..........................................

plete address including postal OR index number/code and state along to the offer to surrender the Patent No. with Telephone and fax number(s). . .......................................... dated ..................... . OR for the grant of compulsory licence, or revocation of Patent No.............................. dated ........................... . OR -for the revision of the terms and conditions of licence in respect of Patent No......................dated ................ . OR for correction of a clerical error in Patent No............... 3. To be signed by the opponent or his .................... dated .................. /Specification No. authorised registered patent agent ................... dated ................... in respect of Patent No...............................dated ............... or Patent application No.......................... dated ............... 4. Name of the natural person who has The grounds in which the said opposition is made are as signed. follows: My/ Our address for service in India is: 2 . ............................................ ,................................. Dated this .................... day of .....................20 Signature . 3..... (------------------------------------------------) ' To The Patent Office, Af ••••••••••••••• •••••••••••••••••••••••••••••••••••••••• Note: -(a) Strike out whichever is not applicable. (b) For fee : See First Schedule.

----------------------) ' To The Patent Office, Af ••••••••••••••• •••••••••••••••••••••••••••••••••••••••• Note: -(a) Strike out whichever is not applicable. (b) For fee : See First Schedule.

TIIE GAZETTE OF INDIA. EXTRAORDINARY [PARrII-Sac J(u)] FORM 15 (39 of 1970) & APPLICATION FOR THE RESTORATION OF PATENT [See section 60; rule 84) 1. Insert the name, address, I/We1...............•.....•....................................... nationality of the applicant(s). hereby apply for an order of the Controller for the restoration of Patent No.........................dated ......................... granted to............................. . The circumstances which led to the failure to pay the renewal fee to pay the renewal fee for the year on or before . . . . . . . . . . . . . . . . . . . . . . . . are as follows: I/We declare that I/We have not assigned the patent to any other person(s) and that the facts and matters stated herein are true to the best of my/our knowledge information and belief. Dated this ................... day of ................................. 20 2. To be signed by the applicant(s) or Signature 2 ..... . by his authorised registered patent agent. (-------·-----------------------------------------------) 3 3. Name of the natural person who has signed. To The Patent Office, At ..................... ••••••••••••••••••••••••••••·••• ------------------------------------------------~--------------------------------------------­ ~~ote: Fer fee : See First Schedutei

ffice, At ..................... ••••••••••••••••••••••••••••·••• ------------------------------------------------~--------------------------------------------­ ~~ote: Fer fee : See First Schedutei

['WTII-~J(ii)] 'l'lrol <Iii~ : ~ FORM 16 (39 of 1970) & APPLICATION FOR REGISRATION OF TITLE/INTEREST IN A PATENT OR SHARE IN IT OR REGISTRATION OF ANY DOCUMENT PURPORTING TO AFFECT PROPRIETORSHIP OF THE PATENT (See sections 69(1), 69(2); rules 90(1) and 90(2))

  1. Insert the name, address and I/We1. nationality of the applicant(s). hereby apply that my/our name(s) may be registered in the register of patent as a person entitled to the patent/a share in the patent/an interest in the patent details of which are specified below:
  2. A description of the nature of Patent No................dated ............................ the document, giving the date Grantee ........................... Patentee ............... . and the names. address and and in proof thereof we transmit the . nationality of the parties accompanying2 ............................................ . thereto. . . . . . . . . . . . . . . . with a certified copy thereof. OR Transmit herewith an attested copy of
  3. Complete address including ................................in respect of Patent postal code and state along No(s).........................dated with telephone and fax granted to ................................................. . number(s). of which the patentee is .............................................................

ted with telephone and fax granted to ................................................. . number(s). of which the patentee is ............................................................. as well as the original document for verification and 1/We hereby apply that a notification thereof may 4. To be signed by the applicant be entered in the register of patents. or his authorised registered My/Our address for service in India is3. patent agent. Dated this . . . . . . . . . . . . ...... day of ........................... 20 Signature . 4 ...... 5. Name of the natural person (------------------------------)' who has signed. To The Patent Office, At ...................................................... Note: - (a) For fee: $00 First Sc'i-ie'cfUJe~----------------- ---------------------- -------------­ (b) Strike out whichever is not applicable.

100 TIIE GAZE'ITEOFINDIA: EXIRAORDINARY (PARTII-SEC. 3(ii)) FORM 17 (39 of 1970) & APPLICATION FOR COMPULSORY LICENCE (See sections 84(1), 91, 92(1) or 92A; rule 96] 1. Name, address and 1/We.1...................................................••••••••.•• nationality of the applicant(s}. hereby apply for the grant of a compulsory licence under Patent No. ... .. . . .. .. .. .. . ... dated ........... . 2. Certified copies of the documents are to be enclosed granted to ................................................. . in duplicate. ..................................... for which the patentee is . . . . . . . . . . . . . . . . on the following grounds, namely : 3.

............................................ . in duplicate. ..................................... for which the patentee is . . . . . . . . . . . . . . . . on the following grounds, namely : 3. Complete address including postal code and state along with telephone and fax number(s). I/We declare that the facts and matters stated herein are true to the best of my/our knowledge, information and belief. The details of documentary evidence in support of 4. To be signed by the applicant(s) or by his my/our interest and the grounds stated above are authorised registered patent given below 2 ......................................... agent. (a) ......................................................... (b) ........................................................ . (c) ......................................................... My/Our address for service in India is: 3.•.•..•• Dated this ................... day of ............................... 20 5. Name of the natural person Signature •4 ..... . who has signed. (· "

) 5 •• To The Patent Office, At ..................................................... . Note: For fee : See First Schedule.

) 5 •• To The Patent Office, At ..................................................... . Note: For fee : See First Schedule.

[,mII-~3(ii)J . (FOR OFFICE USE ONLY) FORM 18 (39 of 1970) RO.No: Filing Date: & Amount of Fee Paid: CBR No: REQUEST/EXPRESS REQUEST FOR EXAMINATION Signature: OF APPLICATION FOR PATENT [See section 118 and rule 20(4)(ii), 24B(1)(i)]

  1. APPLICANT (S)/OTHER INTERESTED PERSON (a) NAME: (b) NATIONALITY: (c) ADDRESS:
  2. Statement In case of request for examination made by the applicant(s) .IM/e hereby request that my/our application for patent no. filed on for the invention titled shall be examined under sections 12 and 13 of the Act. Or I/We hereby make an express request that my/our application for patent no. filed on.­ based on Patent Cooperation Treaty (PCT) application no. dated made in country shall be examined under sections 12 and 13 of the Act, immediately without waiting for the expiry of 31 months as specified in rule 20(4)(ii).
  3. Statement in case of request for examination made by any other interested person I/We the interested person request for the examination of the application no. dated filed by the applicant titled under sections 12 and 13 of the Act. As an evidence of my/our interest in the application for patent following documents are submitted. (a)
  4. ADDRESS FOR SERVICE Dated this day of 20 Signature Name of the signatory To, The Controller of Patent The Patent Office, at ....... ..

ion for patent following documents are submitted. (a) 4. ADDRESS FOR SERVICE Dated this day of 20 Signature Name of the signatory To, The Controller of Patent The Patent Office, at ....... .. j NOTE: "To be signed by the applicant(s) or by his authorized registered patent agent I *Strike out the column which is/are not applicable

102 lHEGAZETIEOFINDIA EXlRAORDINARY (P-.RTII-SEC 3(11)] I* For fee : See First Schedule FORM 19 (39 of 1970) & APPLICATION FOR REVOCATION OF A PATENT FOR NON WORKING [See section 85(1); rule 96.J

  1. Name, address and nationality of the applicant(s).

State the nature of the applicant's interest, the facts on which he relies and the grounds on which the application is made. 3. Certified copies of all the documents are to be enclosed in duplicate. 4. Complete address including postal index number/ code and state along with telephone and fax number(s). 5. To be signed by the applicant{s) or his authorized registered patent agent. 1/We.1 ........................................................... . hereby apply for revocation of Patent No................. dated.................. granted to .................................................. .for which the patentee/applicant for patent ~. . ........................... for the following reason, namely: 2 The details of documentary evidence in support of my/our interest and the reasons stated above are given below : 3 .................. . (a) ..................................................... .

The details of documentary evidence in support of my/our interest and the reasons stated above are given below : 3 .................. . (a) ..................................................... . (b) .................................................... . (c) ..................................................... .. I/We declare that th-e facts and matters stated herein are true to the best of my/our knowledge, information and belief. My/Our address for service in India is.4 Dated this ................... day of ....... 20 5 Signature . ..... . 6. Name of the natural person (-----------------------------------------------) 6 who has signed. To The Patent Office, At ..................................................... . Note : (a) For fee : See First Schedule.

[ "11'1 II~~ 3(ii)J (b) Strike out whichever is not applicable FORM 20 (39 of 1970) & APPLICATION FOR REVISION OF TERMS AND CONDITIONS OF LICENCE [See section 88(4); rule 100]

  1. Name, address and nationality of I/We1............................................................••. the applicant(s).
  2. To be signed by the applicant(s) or by his authorised registered patent agent.
  3. Name of the natural person who has signed. hereby declare : (i) that Patent No ................... dated ............ .. was granted to ............................................... .for which the patentee is ..................................... (ii) that I/We am/are holding licence under the patent, granted by the Controller by an order dated .................. .

........ .for which the patentee is ..................................... (ii) that I/We am/are holding licence under the patent, granted by the Controller by an order dated .................. . (i) that the terms and conditions settled by the Controller have proved to be more onerous than originally expected and we are unable to work the invention. (iv) that the circumstances in which this application is made are set forth in the accompanying statement in duplicate. I/ We request the Controller to revise the terms and conditions of the licence. Dated this ............... day of ................................. 20 2 Signature ..... . (--------------------------------------------------) 3 To The Patent Office, At ..................................................... . Note : (a) For fee: See First Schedule. (b) Strike out whichever is not applicable.

IOI THEGAZETIEOFfNDlA EXTRAORDINARY (PART ll SEC. )(ii)j FORM 21 (39 of 1970) & REQUEST FOR TERMINATION OF COMPULSORY LICENCE [See section 94; rule 102(1)] 1. Name, address and nationality of the applicant(s). hereby apply for the termination of the compulsory licence granted to ...............................................by the order of the Controller dated ..........................under patent No/ 2. Certified copies of the No.................................. dated ..........................

.................by the order of the Controller dated ..........................under patent No/ 2. Certified copies of the No.................................. dated .......................... documents are to be granted to ...................................................... .for enclosed in duplicate. which the patentee ............................................... I/we declare that I am/We are the patentee for the above mentioned patent I/we declare that I/we derive title/interest in the patent I/we make the above mentioned request for termination on the following grounds, namely: 3. Complete address including postal code and state along I/we declare that the facts and matters stated herein are with telephone and fax true to the best of my/our knowledge, information and number(s). belief. The details of documentary evidence in support of my/our interest and the grounds stated above are given below: 2 4. To be signed by the (a) ............................................................... applicant(s) or by his (b) ............................................................... authorized registered patent (c) ............................................................... agent. My/our address for service in India is: 3 5. Name of the natural person who has signed. Dated this ................... day of. .............................. 20 4 Signature . ( ) 5 To The Patent Office, At ................................................ .

erson who has signed. Dated this ................... day of. .............................. 20 4 Signature . ( ) 5 To The Patent Office, At ................................................ .

[ 'qJll 11-ll{'l',g 3{ii)]

105 
Note 
(a) For fee : See First Schedule. 
(b) Strike out whichever is not applicable. 
FORM 22 
(39 of 1970) 
& 
APPLICATION FOR REGISTRATION OF PATENT AGENT 
[See rules 109(1) and 112] 
I beg to apply for registration as a ·patent agent under 
the Patents Act, 1970 
1 Certificate testifying to 
A 
certificate 
of 
character1 
the character of the 
From ................................................................ . 
applicant 
should 
be 
from 
a 
person 
not 
related 
to 
him 
and 
is enclosed herewith. 
being 
a 
Gazetted 
Officer or any other 
Person 
whom 
the 
Controller thinks fit. 
I hereby declare that I am not subject to any of 
the dis-qualifications specified in rule 114 of the 
Patents Rules 2003 and that the information. 
given below is true to the best of my knowledge 
and belief. 
Name:2...•....•.......................•••..•••••••••••••.••• 
············································~····················· 
2 Family or principal name in 
Address/place of residence: ....................... . 
the beginning. 
Principal place of business: ....................... . 
Address of the branch office if any: 
3 Either original certificates 
Father's name: ...................................... . 
and other documents or 
............................................................

he branch office if any: 
3 Either original certificates 
Father's name: ...................................... . 
and other documents or 
............................................................ 
copies 
thereof 
duly 
Nationality: .......................................... . 
attested by the Gazetted 
Date and place of birth: ............................ . 
Officer or any other person 
whom the Controller thinks 
Occupation: .......................................... . 
fit must be sent with the 
application 
Particulars 
of 
qualification 
for 
registration as patent agent.3 
(a) ...................................................... 
(b) ..................................................... . 
(c) ...................................................... 
1R52GI/04-l4

106 
THE GAZETTE OF INDIA_ EXIRAORDINARY 
JPART II-SEC, )(ii)) 
Dated this ............ day of ............... 20 ...... . 
4 
5 
To 
be 
signed 
by 
the 
applicant. 
Name or the natural person 
who has signed. 
Signature4 .......................... . 
(---------------------------------------------------­ ) 5 
To 
The Controller of Patents 
The Patent Office 
at ...................... . 
Note: (a) For fee : See First Schedule 
(b) Attach two recent passport size photographs 
(c) Provide specimen signature in separate sheet 
FORM 23 
(39 of 1970) 
& 
APPLICATION FOR THE RESTORATION OF THE NAME IN THE 
REGISTER OF PATENT AGENTS 
[See section 130(2); rule 117(1)] 
I, .......................................................... .

23 
(39 of 1970) 
& 
APPLICATION FOR THE RESTORATION OF THE NAME IN THE 
REGISTER OF PATENT AGENTS 
[See section 130(2); rule 117(1)] 
I, .......................................................... . 
hereby apply for the restoration of my name in the 
register of patent agent which was removed on 
under section 130 or Rule 116. 
My 
name was originally entered in the register on 
...............................under 
No 
Dated this ....................... day of ...........................20 ...... . 
1 To 
be 
signed 
by 
the 
Signature1 ........................... 
applicant. 
2 
Name of the natural person 
(------------------------------------------------------- )'
who has signed. 
To 
The Controller of Patents 
The Patent Office 
at ...................... . 
Note: For fee: See First Schedule.

107 
['WTII-~3(ii)] 
FORM 24 
(39 of 1970) 
& 
APPLICATION FOR REVIEW/SETTING ASIDE 
CONTROLLER'S DECISION/ORDER 
[See sections 77(1)/f) and 77(1)/g) and rules 130(1) and 130(2)] 
1. State the number of patent 
In the matter of' ....................................... . 
or 
patent 
application 
.............................................................
number and the relevant 
proceeding. 
2. 
Name, 
address 
and 
I/We2 ........................................•...•......... 
nationality 
of 
the 
..............................................................
applicant( s ). 
..............................................................

...................•...•......... 
nationality 
of 
the 
..............................................................
applicant( s ). 
.............................................................. 
being the applicant(s)/opponent/party in the above matter hereby 
apply 
for 
the 
review/setting 
aside 
of 
the 
Controller's 
decision/order dated the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the above 
matter. 
The grounds for making the application are set forth in 
the accompanying statement submitted in duplicate. 
Dated this .......................... day of ......................20 .......... . 
3. 
To 
be 
signed 
by 
the 
applicant(s) 
or 
his 
Signature3 .......................... . 
authorized 
registered 
patent agent. 
4. 
Name of the natural person 
(----------------------------------------------------)' 
who has signed. 
To 
The Controller of Patents 
The Patent Office 
at ...................... . 
Note: For fee: See First Schedule.

al person 
(----------------------------------------------------)' 
who has signed. 
To 
The Controller of Patents 
The Patent Office 
at ...................... . 
Note: For fee: See First Schedule.

THEGAZETIEOFIND!A:EXTRAORD!NARY 
[PART II-SEC. 3(ii)} 
FORM 25 
(39 of 1970)
& 
No Fee 
REQUEST FOR PERMISSION FOR MAKING PATENT APPLICATION OUTSIDE 
1. State the title of the 
invention. 
2. Name and address 
of the person (s) 
3. Name and address 
of the assignee 
INDIA 
[See section 39 and Rule 71/1)] 
am/We 
are 
in 
possession 
of 
an 
invention 
for1 
I/We have made an application for the grant of a patent for the 
said 
invention, 
its 
number 
being 
No.............. of 
............................ Dated ..................... 
OR 
I/we hereby attach the brief description of the invention. 
I/We 
intend 
to 
make 
application 
(s) 
alone/jointly 
with2.......•......•...............•............................................... 
for the same/substantially same invention for patent in the 
following 
country/countries/convention 
countries, 
namely:­
................................ , . . . . . . . . . . . . . . . . . . . . . . . . I/W e declare that 
the rights in the application (s) has/have been assigned to 
3 
I/We request that I/We may be granted permission to make 
application 
(s) 
for 
the 
said 
invention 
in 
the 
said 
country/countries. The reasons for making this application, are 
as follows:­
The facts and matters stated above are true to the best of 
my/our knowledge, information and belief. 
Dated this .....................

ies. The reasons for making this application, are 
as follows:­
The facts and matters stated above are true to the best of 
my/our knowledge, information and belief. 
Dated this ..................... day of .......................20 ........... . 
4. To be signed by the applicant 
(s) or authorised patent agent. 
Signature4 .......................... . 
To 
The Controller of Patents 
The Patent Office 
at ...................... . 
Note: (a) Strike out whichever is not applicable.

( 'qfl1 II-~3(ii)] 
[09 
FORM 26 
(39 of 1970) 
& 
FORM FOR AUTHORISATION OF A PATENT AGENT/OR ANY 
PERSON IN A MATTER OR PROCEEDING UNDER THE ACT 
[See sections 127 and 132; and rule 135] 
1. 
2. 
3. 
4. 
5. 
Insert 
name, 
address 
and 
nationality. 
Insert 
the 
name, 
address 
and 
nationality of the 
person(s) 
to 
be 
authorized. 
State the particular 
matter 
or 
proceeding 
for 
which 
the 
authorisation 
is 
made. 
To be signed by 
the 
person(s) 
making 
this 
authorisation. 
Name 
of 
the 
natural person who 
has signed along 
with 
designation 
and official seal, if 
any. 
1
I/We •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 
hereby authorise2 .................................................. 
to 
act 
on 
my/our 
behalf 
in 
connection 
witfrY 
and request that all notices, requisitions and communication 
relating thereto may be sent to such person at the above 
address unless otherwise specified. 
I/We hereby revoke all previous authorisation, if any made, in 
respect of same matter or proceeding.

n 
relating thereto may be sent to such person at the above 
address unless otherwise specified. 
I/We hereby revoke all previous authorisation, if any made, in 
respect of same matter or proceeding. 
I/We hereby assent to the action already taken by the said 
person in the above-matter. 
Dated this ......................... day of ......................./20 ........... . 
Signature4 .......................... . 
(--------------------------------------------------)5 
To 
The Controller of Patents 
The Patent Office 
at ....................... 
To be stamped under the Indian Stamp Act, 1899 (2 of 1899).

llO 
THE GAZETIEOFIND!A: EXlRAORD!NARY 
FORM 27 
No Fee 
(39 of 1970) 
& 
Statement regarding the working of the patented 
invention on commercial scale in India 
[See section 146(2) and rule 131(1) J 
1. Insert name, 
address and 
nationality. 
2. State the year to 
which the 
statement relates 
3. Give whatever 
details are 
available. 
In the matter of Patent No ............. ,. .....of .... . 
I/We1 ............................................................. . 
The patentee (s) or licensee (s) under Patent 
No............... hereby furnish the following 
statement 
regarding 
the 
working 
of the 
patented invention referred to above on a 
commercial 
scale 
in 
India 
for 
the 
year2 ..................... . 
(i) The patented invention: 
{ 
} Worked { 
} Not worked [Tick ( ✓ )mark the relevant 
box]
(a) if not worked: reasons for not working and steps being 
taken for working of the invention.

........ . 
(i) The patented invention: 
{ 
} Worked { 
} Not worked [Tick ( ✓ )mark the relevant 
box]
(a) if not worked: reasons for not working and steps being 
taken for working of the invention. 
(b) If worked: quantum and value (in Rupees), of the 
patented product: 
i) 
manufactured m lndm 
ii) 
imported from other countries. {give 
country wise details) 
{ii) the licenses and sub-licenses granted during the year; 
{iii) state whether public requirement has been met 
partly/adequately/to the fullest extent at reasonable price. 
The facts and matters stated above are true to the 
best of my/our knowledge, information and belief. 
Dated this ......................... day of .......................200 ........... . 
4. To be signed by 
$ .
person(s) giving 
Ignature
4 .......................... . 
the statement. 
To 
The Controller of Patents 
The Patent Office 
at ...................... . 
Note: (a) Strike out whichever is not applicable.".

111 
[~II ~3(11)) 
72. 
For the Fourth Schedule to the principal rules, the following Schedule shall be 
substituted, namely: ­
"THE FOURTH SCHEDULE 
~ee oroviso to rule 13611)7 
Amount of fees fin Runees) 
entry 
Number of 
Matter in respect of which 
cost is to be awarded 
For other than 
natural 
For 
natural person(s} 
person(s) 
either alone or 
jointly with 
natural oersonfs) 
4
1 
2 
3 
1. 
For 
notice 
of oppos1tIon 
under 
sections 25, 57, 60, 63, 78, 87(2) or 
88(4 ), 
2.

han 
natural 
For 
natural person(s} 
person(s) 
either alone or 
jointly with 
natural oersonfs) 
4
1 
2 
3 
1. 
For 
notice 
of oppos1tIon 
under 
sections 25, 57, 60, 63, 78, 87(2) or 
88(4 ), 
2. 
3 
For 
application 
for 
compulsory 
license under sections 84(1), 
91(1) 
or 92(1 ), 
For application for revIsIon of terms 
and 
condIt1ons of license, 
under 
section 88(4) 
4 
For notice of 1ntentIon to attend the 
heanng under rule 62(2) 
5. 
Stamp fee for power of attorney, 
where a patent agent or other person 
has been appointed or stamp fee In 
respect of relevant affidavits 
6 
For written statement under rule 57 or 
reply statement under rule 58 or for 
each aff1dav1t, It relevant 
7 
For each 
produced 
relevant 
document or publIcatIon 
In 
the 
proceedings, 
If 
8 
For each unnecessary 
affidavit or cItatIon 
or irrelevant 
9 
For every day or part day of hearing 
before the Controller 
1,500 
1500 
1,500 
1,500 
The amount 
actually paid 
2,500 
1,000 
1,000 
2,500 
6,000 
6,000 
6,000 
6,000 
The amount actually 
paid 
2,500 
1,000 
1,000 
2,500". 
[No 14/3/2004-PP & C] 
ANTHONY DE SA, Jt Secy 
Note :- The principal rules were published rn the Gazette of India vIde Not1f1cation 
number SO 493 (E) dated the 2nd May, 2003 
Prmkd bv the \tanager Govt of India Press Rmg Road 
\favapun '\e,1 Delh1-110064 
and Pubhshed by the Controller of Pubhcat1ons Delh1•l !0054

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