draft The Patents Rules 2003 Published

MINISTRY or: COMMERCE AND INDUSTRY (Department of Industrial Polley and Promotion) NOTIF1CATION New Delhi, the 2nd May, 2001 S.O.493(E).-AVHEREAS certain draft rules were published in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) vide notification of the Govemment ofindia in Ministry of Commerce and (ndustry (Department ofindustrial Policy and Promotion) vide Number S0.1018(£) dated the 201h September, 2002, in Part II Section 3, sub-section (ii) of the Gazette of India, (Extraordinary) dated 20th September, 2002 for inviting objections and suggestions from persons likely to be affected thereby before expiry of a period of thirty days from the date on which copies of the Gazette containing the Notification were made available to the public; AND WHEREAS the c?ies of the Gazette containing the said Notification were made available to the public on 3 October, 2002: AND WHEREAS obJections and suggestions received from the public on the said draft rules have been considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) and in supersession of the Patents Rules, 1972 published in the Gazette oflndia, vide S.0.30l(E) dated 20'" April, 1972 in Part II, section 3, Sub-section (ii), except as respect things done or omitted to be done before such supersession, Central Government hereby makes the following rules, namely:­

95 CHAPTER-I PRELIMINARY

1. Short title and commencement.- (1) These rules may be called the Patents Rules, 2003. (2) They shall come into force on the date on which the Patents (Amendment) Act, 2002 comes into force.
2. Definitions. - In these rules, unless the context otheiwise requires,­ (a) "Act" means the Patents Act, 1970 (39 of I 970); (b) "appropriate office" means the appropriate office of the patent office as ~pecified in rule 4; (c) "article" includes any substance or material, and any plant, machinery or apparatus, whether affixed to land or not; (d) "Fonn" means a Form specified in the Second Schedule; (e) "Schedule" means Schedule to these rules; (f) "section" means a section of the Act; (g) words and expressions used, but not defined in these rules, shall have the meanings respectively assigned to them in the Act.
3. Prescribed particulars. - Save as otherwise provided in these rules, the particulars contained in a Form are hereby prescribed as the particulars, if any, required under the relevant provision or provisions of the Act.
4. Appropriate office.~ (1) The appropriate office of the patent office shall ­ (i) for all the proceedings under the Act, other than those nnder sections 24A, 24B, 24C, 39, 65 and 125 be the head. office of the patent office or the branch office, as the case may be, within whose territorial limits­ (a) the applicant or first mentioned applicant in case of joint applicants for a patent, normally resides or has his domicile or has a place of business or the place from where the invention actually originated; or (b) the applicant for a patent or party in a proceeding if he has no place of business or domicile in India, the address for service in India given by such applicant or party is situated; and (ii) for proceedings under sections 24A, 24B, 24C, 39, 65 and 125 be the l1cad office of the patent office, (2) The appropriate office once decided in respect of any proceedings under the Act shall not ordinarily be changed.
5. Address for service. - Every person, concerned in ,my proceedings to which the Act or these rules relate and every patentee, shall furnish to the Controller an address for service in India and that address may be treated for all purposes connected with such proceedings or patent as the address of the person concerned in the proceedings or of the patentee. Unless such an address is given, the Controller shall be under no obligation either to proceed or deal with any proceeding, or patent or to send any notice that may be required to be given under the Act or these rules.

96 TIIE GAZETIEOFINDIA: EXTRAORDINARY \PART ll--b£c. 3(1fil 6. Leaving and serving doruments. - (1) Any application, notice or other document authorised 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. If it is sent by post or registered post or speed post or couner sen ice or by electronic transmission duly authenticated, it shall be deemed to have been filed, left, made or given at the time when the letter containing the same would have been deiivered in the ordinary course of post or registered post or speed post 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 letter was properly addressed and mailed: 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 is submitted to the appropriate office within fifteen days from the date of receipt of the such fax or by electronic transmission duly authenticated. (2) Any written communication addressed to a patentee at his address as it appears on the register of patents or at his address for service given under rule 5, or to any applicant or opponent in any proceedings under the Act or these rules, at the address appearing on the application or notice of opposition, or given for service, shall be deemed to be properly addressed. (3) All notices and a11 written communications addressed to a patentee, or to any applicant or opponent in any proceedings under the Act or these rules, and all documents forwarded to the patentee or to the said applicant or opponent, shail, except when they are sent by special messenger, be sent by registered post or speed post or courier service or by electronic transmission duly authenticated. (4) The date of a notice or a written communication addressed to a patentee or to any applicant or opponent in any proceedings under the Act and these rules shall be the date of dispatch of the said notice or written communication, by registered post or speed post or courier or fax or by electronic transmission duly authenticated, as the case may be, unless otherwise specified under the Act or these rules. (5) In case ofdelay in receipt of a documerit or a communication sent by the patent office to a party to any proceedings under the Act or these rules, the delay in transmitting or resubmitting a document to the patent office or doing any act by the party may be condoned by the Controller if a petition for such condonation of delay is made by the party to the Controller immediately after the receipt of the document or a communication along with a statement regarding the circumstances of the fact and evidence in support of the statement: Provided that the delay condoned by the Controller shall not exceed the period between the date on which the party was supposed to have received the document or communication by ordinary course of mail or electronic transmission and the actual date of receipt of the same.

["'P'Til-~3(ii)] '11 7. Fees. - (1) The fees payable under section 142 in respect of the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable under the Act shall be as specified in the First Schedule. (2) (a) The fees payable under the Act may either be paid in cash or may be sent by bank draft or cheque payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. Ifthe draft or Cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or cheque would have reached the Controller in the ordinary course of mail. (b) Cheques or drafts not including the correct amount of commission and cheques on which the full value specified therein cannot be collected in cash within the time aJlowed for payment of the fees, shall be accepted only at the discretion of the Controller. (c) Where a fee is payable in respect of a document, the entire fee shall accompany the document or shall be paid within one month from the date of filing of the document: Provided that the Controller may accept the fee in part and allow remaining part of the fee to be paid at any time within one month from the date of filing of the document notwithstanding the expiry of the due date for filing of such document and on such payment the document shall be taken on record from the date of its filing. (3) In case an application processed by a natural person is fu1ly or partly transferred to a person other than a natural person, the difference, if any, in the scale of fee(s) between the fee(s) charged from an natural person and the fee(s) chargeable from the person other than the natural person in the same matter shall be paid by the new applicant with the request for transfer. (4) Fees once paid in respect of any proceeding shall not be refunded irrespective of whether the proceeding has taken place or not. (5) (i) Subject to the approval of the Controller, any person may deposit money in advance and request the Controller to realise any fee payable by him from the said deposit and in such case the date of the receipt of the request to realise the fee or the date on which the request to realise the fee is deemed to have been received, whichever is earlier, shall be taken as the date of payment of the fee: Provided that the requisite amount of money is available at the credit of the person making such request (ii) Subject to the approval of the Controller, any person may discontinue the deposit of money in advance and in such case the balance, if any, shall be refunded. 8. Forms. - (1) The Forms set forth in the Second Schedule with such variations as the circumstances of each case may require shall be used for the purposes mentioned therein. (2) Where no Form is so specified for any purpose, the applicant may adopt any Form specified in the Second Schedule with such modifications and variations as may be required. 9. Size etc. of documents. - (l) All documents and copies of documents, except affidavits and drawings, sent to or left at the patent office or otherwise furnished to the Controller shall be 1253Gl/03-13

98 TIIEGAZETI'EOFINDIA:EX!l\AORDINARY [PART!1~$Ec. J(ii)] written or typewntten or printed either m Hmd1 or in Enghsh language (unless otherwise directed or allowed by the Controller) in large and legible characters with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size A4 of approximately 29. 7 centimeters by 21 centimeters with a margin of at least 4 centimeters on the top and left hand part and 3cm on the bottom and right hand part thereof. Any signature which is not legible or which is written in a -script other than Hindi or English shall be accompanied by a transt..-ription ofthe name either in Hindi or in English in block letters: Provided that any document including drawing, if &ly, may also be filed in electronic fo,m along with a copy of it on white P"P•r: Provided further that in case the application for patent discloses sequence listing of nucleotides and/or amino acids, the same shall be filed in electronic form. (2) Additional copies of all documents shall be filed at the appropriate office, if required by the Controller. (3) Names and addresses of applicants and other persons shall be given in full togeth& with their nationality and such other particulars, if any, as are necessary for identification. CHAPTER JI APPLICATION FOR PATENTS 10, Period within which proof of the right under section 7(2) to make the application shall be furnished. ~ Where, in an application for a patent made by virtue of an assignment of the right to apply for the patent for the invention, if the proof of the right to make the application is not furnished with the application, the applicant shall within a period of three months after the filing of such application furnish such proof. Explanation.- For the purposes of this rule, the three months period 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. 11. Order of recording applications. ~ The applications filed in a year shall constitute a series identified by the year of such filing. In case of an application filed corresponding to an international application in which India is designated, such application shall constitute a series distinct from the rest of the applications identified by the year of filing of corresponding applications in India. 12. Statement and undertaking regarding fnteign applications. - (1) The statement and undertaking required to be filed by an applicant for a patent under sub-section (1) of section 8 shall be made in Form 3. (2) The time within which the applicant for a patent shall keep the Controller informed of the details in respect of other applications filed in any country in the undertaking to be given by him under clause (b) of sub-section (1) of section 8 shall be three months from the date of such filing.

['WTII-~3(ii)J 'ITT\1 ~ rn~ : ,m!ftffil'f 99 ... ; (3) When so required by the Controller under sub ..eetlon (2) of section 8, the applicant shall furnish infonnation relating to 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. (4) An application for extension of time specified in sub-section (2) of section 8 shall be made in Form 4. )3, Speeiftcations, - (1) Every specification, whether provisional or complete, shall be made in Fonn 2. (2) A specification in respect of a divisional application under section 16 shall contain specific reference to the number of the original application from which the divisional application is made. (3) A specification in respect of a patent of addition under section 54 shall contain a specific reference to the number of the main patent, or the application for the main patent, as the case may be, anQ a definite statement that the invention comprises an improvement in, or a modification of, the invention claimed in the specification of the main patent granted or applied for. (4) Where the invention requires explanatrnn through drawings, such drawings shall be prepared in accordance with the provisions oftfle 15 and shall be supplied with, and referred to in detail, in the specification: Provide(j. that in the case of a complete specification, if the ar,pHc n·. desires to adopt the dFa.wings filed with his provisional specification as thea drawings or pr • of the drawings for the complete sr,ecification, it shall be sufficient to refer to them .n the complete specification as those left with the provisional specification. (5) Irrelevant or other matter, not necessary, in the opinion of the Controll~. for elucidation of the invention, shall be excluded from the title, description, claims and drawmgs, (6) Except -in the case of an application (other than a convention application) which is accompanied by a complete specification, a declaration as to the inventorship of the invention shall be filed in Fonn 5 with the complete specification or at any time before the expiration of one {IlOHth from the date of filing of the complete specification, as the Controller may allow on an application made in Form 4. Exp{-aTJati'on. - For the purposes of this rule, the date of filing of the complete specification with respect to an application corresponding to an international application in which India is designated shall be reckoned from the actual date on which tbe corresponding application is fili;d in India. ('I) (a) The abstract as specified under clause (d) of sub-section (4) of section 10, accompanyir'J tho specification shall commence with the title of the invention. The title of the invention shcll disclose the specific features of the invention normally in not more than fifteen words. (b) The abstract shall contain a concise swnrnary of the matter contained in the specification. The summary shall indicate clearly the technical field to which the invention belongs,

TiffiGAZETIEOFrNDIA:EXTRAORDINARY {PART II-SEc. 3(tl)] technical problem to which the invention relates and the solution to the problem through the invention and principal use or uses of the invention. Where necessary, the abstract shall contain the chemical formula, which characterises the invention. (c) The abstract may not contain more than one hundred and fifty words. (d) If the specification contains any drawing, the applicant shall indicate on the abstract the figure, or exceptionally, the figures of the drawings which may accompany the abstract when published. Each main feature mentioned in the abstract and illustrated by a drawing shall be followed by the reference sign used in that drawing. (e) The abstract shall be so drafted that it constitutes an efficient instrument for the purposes of sefilching in the particular technical field, in particular by making it possible to assess whether there is a need to consult the specification itself. 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, the necessary alterations shall be made thereon as far as possible. Additional matter may be interpolated if necessary, by rewriting such pages as are required to form a continuous document. Amendments shall not be made by slips pasted on, or as 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 superceded pages or drawings, if any, duly marked, cancelled and initialled 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 substantialiy amended shall be sent in duplicate. Amendments, alterations or additions shall be initialkd in the margin by the applicant or his agent. 15. Drawings. - (1) Drawings, when furnished under section 10 by the applicants otherwise than on requisition made by the Controller, shall accompany the specifications to which they relate. (2) No drawings or sketch, which would require a special illustration of the specification, shall appear in the specification itself. (3) At least one copy of the drawing shall be prepared neatly and clearly on a durable paper sheet. (4) Drawings shall be on standard A4 size sheets with a clear margin of at least 4cm on the top and left hand and 3cm at the bottom and right hand of every sheet. (5) Drawings shall be on a scale sufficiently large to show the inventions clearly and dimensions sha1l not be marked on the drawings. (6) DI~wlng shall b~· c;eqn..11haJlv or systematically numbered and shall bear ­ (i) in lhc, left h4lld top wrn , t?1e name offot> applicant; (ii) in the right hand top comer, the numbu of the sheets of drawings, and the consecutive number of each sheet; and (iii) in the right hand bottom corner, the signature ofthe applicant or his agent.

101 'tfffl?fif~:amTm{Vf (7) No descriptive matter shall appear on the drawings except in the flow diagrams. 16. Models. - Models or samples shall be furnished under section 10 only when required by the Controller. CHAPTER III INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY (PCT) 17. Definitions. - In this Chapter. unless the context otherwise requires, ­ (a) "Article" means an Article ofthe Treaty; (b) "Treaty" or "PCT" means the Patent Cooperation Treaty. (c) All other words and expressions used herein and not defined but defined in the PCT shall have the same meaning as assigned to them in that Treaty. 18. Appropriate office in relation to international applications. - (1) The receiving office, designated office and elected office for the purposes of international applications filed under the Treaty shall be the appropriate office in accordance with rule 4. (2) The head office of the patent office shall be the appropriate office for dealing with the International Bureau of the World Intellectual Property Organisation, International Searching Authorities and International Preliminary Examining Authorities. (3) An international application under the Treaty shall be filed at and processed by the appropriate office in accordance with the provisions of this Chapter, the Treaty and the regulations established under the PCT, (4) Notwithstanding anything contained in sub-rule (2), on receipt of an international application, the appropriate office shall transmit one copy as record copy of such application to International Bureau of the World Intellectual Property Organisation and another copy as search copy to Competent International Searching Authority. The appropriate office shall simultaneously fumish complete details of such application to the head office of the patent offices. 19. International applications filed with appropriate office as receiving office. - (1) An international application shall be filed with the appropriate office in triplicate in respect of head office and quadruplicate in respect of branch offices, either in English or in Hindi language. (2) The fees payable in respect of an international application filed with the appropriate office shall be, in addition to the fees as specified in the regulations under the Treaty, the fees as specified in the First Schedule. (3) Where an intemational application filed with the appropriate office has not been filed as specified under sub-rule (1) and the applicant desires that the appropriate office should prepare the additional copies required, the fee for making such copies shall be paid by ·the applicant.

102 THEGAZETIEOFINDIA:EXIRAORDINARY (PART 11-SEc. 3(ii)j (4) On receipt of a request from the applicant and on payment of the prescribed fee by him, the appropriate office shall prepare a certified copy of the priority document and promptly transmit the saroe to the International Bureau of the World Intellectual Property Organisation for the purpose of an international application filed with the appropriate office with an intimation to the applicant and the head office. 20. International applications designating or designating and electing India. - (!) An application corresponding to an international application under the Patent Cooperation Treaty under section 7(1A) maybe made in Form IA. (2) The Patent Office shall not commence processing of an application filed corresponding to international application designating fudia before the expiration of the time limit prescribed under sub-rule (4). (3) An applicant in respect of an international application designating India shall, before the time limit prescribed in sub-rule (4),­ (a) pay the prescribed national fee and other fees to the patent office in the manner prescribed under these rules and under the regulations made under the Treaty; (b) and where the international application was either not filed or has not been published in English, file with the patent office, a translation of the application in English, duly verified by the applicant that the contents thereof are correct and complete. (4) The time limit referred to in sub-rule (2) shall be, where the applicaot has or J,as not, before the expiration of nineteen months from the priority date referred to in Article 2(xi), elected India for the purpose of the use of the result of international preliminary examination, thirty one months from the said priority date. (5) The translation of the international application referred to in sub-rule (3) shall include a translation in English of, ­ (i) the description; (ii) the claims as filed; (iii) aoy text matter ofthe drawings; (iv) the abstract; and (v) in case the applicant has not elected India and if the claims have been amended under Article 19, then the amended claims together with any statement filed under the said Article; (vi) in case the applicant has elected India and any amendments to the description, the claims and text matter of the drawings that are annexed to the international preliminary examination report. (6) If the applicant fails to file a translation of the amended claims and annexures referred to in sub~rule (5), even after invitation from the appropriate office to do so, within a time limit as may be fixed by that office having regard to the time left for meeting the requirements, the

[ •Wlll-"""'J(ii)] 'tmf 'W ~ : ~ 103 amended claims and annexures shall be disregarded in the course of further processing the application by the appropriate office. (7) The app1icant in respect of an international application designating India shall when complying with sub-rule (3), preferably use Forms set out in the Second Schedule before the appropriate office as designated office. 21. Filing of priority document. - (1) Where the applicaot in respect of an international application designating India has not complied with the requirements of paragraph (a) or paragraph (b) of rule 17.1 of the regulations under the Treaty. the applicant shall file with the patent office the priority document referred to in that rule before the expiration of the time limit referred to in sub-rule (4) of rule 20. (2) Where priority documeut referred to in sub-rule (1) is not in the English language, an English translation thereof duly verified by the applicant shall be filed within the time limit specified in sub-rule (4) of rule 20. (3) Where the applicaot does not comply with the requirements ofsub-rule (l) or sub-rule (2), the appropriate office shall invite the applicant to file the priority document or the translation thereof, as the case may be, within three months from the date of such invitation, and if the applicant fails to do so, the claim of applicant for the priority shall be disregarded for the purposes ofthe Act. 22. Effect of non-compliance with certain requirements. - An international application designating India shall be deemed to be withdrawn if the applicant does not comply with the requirements of rule 20. 23. The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty. - (!) The provisions of this Chapter shall be supplemental to the PCT and the regulation and the administrative instructions made thereunder. (2) In case of a conflict between any provisions of the rules contained in this Chapter and provisions of the Treaty and the regulations and the administrative instructions made thereunder, the provisions of the Treaty and the regulations and administrative instructions made thereunder shall apply in relation to international applications. CHAPTER IV PUBLICATION AND EXAMINATION OF APPLICATIONS 24. Examination of application. - (1) A request for examination under section 1 lB shall be made in Form 19. (2) 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. (3) A first examination report along with the application and specification shall be sent to the applicant or his authorised agent. In case any other interested person files a request for examination, an intimation of such examination may be sent to such interested person.

104 THEGAZETIEOFINDIA:EXTRAORDINARY (PART II-SEC 3(ii)] (4) An applicant shall submit his first reply to the first examination report within a period of four months from the date of issue of such statement. (5) The time for putting, all the applications in order for acceptance which have been examined before the commencement of the Patents (Amendment) Act, 2002, shall be fifteen months or eighteen months as the case may be, from the date on which the first statement of objections is issued to the applicant to comply with the requirements. 2S. Identification of published applications. - Publication of application under sub-sections (2) and (5) of section I IA shall be identified by the letter 'A' along with the number of application. 26. Request for withdrawal. - (1) A request for withdrawing the application under sub­ section (4) of section l lB shall be made in writing. (2) In case the request for withdrawing the application under sub-section 4 of section 11B has been made atleast three months prior to the expiry of the period specified in sub-section 1 of section 1 lA, the application shall not be published. 27. Inspection of published applications. - After the date of publication of the application under section l lA, the application together with the complete specification and provisional specification, if any, the drawing, if any, and the abstract filed ill respect of the application may be inspected at the appropriate office by making a written request to the Controller on payment of the fee specified in the First Schedule in that behalf. 28. Procedure in case of anticipation by prior publication. - (1) If the Controller is satisfied after investigation under section 13 that the invention so far as claimed in any claim of the complete specification has been published in any specification or other document referred to in clause (a) of sub-section (1) or sub-section (2) of the said section, the Contro11er shall communicate the gist of specific objections and the basis thereof to the applicant and the applicant shall be afforded an opportunity to amend his specification. (2) If the applicant contests any of the objections communicated to him by the Controller under sub-rule (1 ), or if he refiles his specification along with his observations as to whether or not the specification is to be amended, he shall be given an opportunity to be heard in the matter if he so requests: Provided that such request shall be made on a date earlier than ten days of the final date ofthe period specified under sub-section (I) of section 21: • Provided further that a request for hearing may be allowed to be filed within such shorter period as the Controller may deem fit in the circumstances ofthe case. (3) If the applicant requests for a hearing under sub-rule (2) within a period of one month from the date of communication of the gist of objections, or, the Controller, considers it desirable to do so, whether or not the applicant has refiled his application, he shall forthwith fix a date and time for hearing having regard to the period remaining for putting the application in order or to the other circumstances ofthe case.

105 (4) The applicant shall be given ten days' notice of any such hearing or such shorter notice as appears to the Controller to be reasonable in the circumstances of the case and the applicant shall, as soon as possible, notify the Controller whether he will attend the hearing. (5) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Controller may specify or pennit such amendment of the specification as he thinks fit to be made and may refuse to accept the specification unless the amendment so specified or permitted is made within such period as may be fixed. 29. Procedure in case of anticipation by prior claiming. - (I) When it is found that the invention so far as claimed in any claim ofthe complete specification, is claimed in any claim of any other specification falling within clause (b) of sub-section (1) of section 13, the applicant shall be so informed and shall be afforded an opportunity to amend his specification. (2) If the applicant's specification is otherwise in order for acceptance and an objection under clause (b) of sub-section (I) of section 13 is outstanding, the Controller may accept the specification and allow a period of two months from the date of its acceptance for removing the objection. 30. Amendment of tbe complete specification In case of anticipation. - (I) If the applicant so requests at any time, or if the Controller is satisfied that the objection has not been removed within the period referred to in sub-clause (2) of rule 29, a date for hearing the applicant shall be fixed forthwith and the applicant shall be given at least ten days' notice of the date so fixed. The applicant shall, as soon as possible, notify the Controller whether he will attend the hearing. (2) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Controller may specify or permit such amendment of the specification as will be to his satisfaction to be made and may direct that reference to such other specification, as he shall mention shall be inserted m the applicant's specification unless the amendment is made or agreed to within such period as he may fix. 31. Form of reference to another specification, - When in pursuance of rule 30, the Controller directs that a reference to another specification shall be inserted in the applicant's complete specification, such reference shall be inserted after the claims and shall be in the following form, namely: "Reference has been directed, in pursuance of section 18 (2) of the Patents Act, 1970, to the specification filed in pursuance of application No........... , .... " ' 32. Procedure in case of potential infringement. - If in consequence of an investigation made under section 13 or section 25, it appears to the Controller that the applicant's invention cannot be performed without substantial risk of infringement of a claim of another patent, the applicant shall be so informed and the procedure provided in rule 29 shall, so far as may be necessary, be applicable. 33. Form of reference to another patent. - Where the Controller directs that a reference to another patent shall be inserted in the applicant's complete specification under sub-section (1) ofsection 19, such reference shall be inserted after the claims in the following form, namely­ !53Gl/03-14

106 ~GAZ6TIJl9f!NDIA·EXIRAORDINARY [PARTII-Ssc l(ii)] " Reference bas been directed, in pursuance of section 19 (I) of the Patents Act, 1970, to Patent No ..........."· 34, Manner in which "claim under section 20 (1) shall ho 11\ade. - (1) A claim under sub­ section (1) of section 20 shall be made in Form 6, (2) The original assignment or agreement or ao official copy or notarized copy thereof shall also be produced for the Controller's inspection and the Controller may call for such other proof of title or written consent as he may require. 35. Manner in which a request may be made under section 20 (4), - (1) A request under sub-section (4) of section 20 shall ht tnade in Form 6. • (2) The request shall be accompanied by proof of dellili Bf the joint applicant and a certified copy of the probate of the wi11 of the deceased or letters of administration in respect of his estate or any other document to prove that the person who gives the consent is the legal representative of the deceased applicant. 36. Manner of application under section 20 (5), • (I) An application urld<!r sub-section (5) of section 20 shall be made in Fonn 6 in duplicate and shall be accompanied by a statement setting out fully the facts upott which the applicant relies and the directions which he seeks. (2) A copy of the application and statomflllt thall be sent by the Controller to ~ other joint applicant. • ' 37. Numbering of applications on acceptance of the cotnplete specification. - On the acceptance of a complete specification filed in respect of an application, the application shall be accorded a number (called serial number} in the series of numbers accorded to patents under the Indian Patents end Designs Act, 1911 (2 of 1911) which shall be the number of the patent which maybe sealed in pursuance ofthe application. 38. Inspection of application, specification, etc. - After the date of advertisement of the acceptanoe of a complete specification under section 23, the application together with the complete specification and provisional specification, if any, the drawings and other documents, if any, as accepted by the Controller may be inspected at the appropriate office by making a written requt$t to the Controller in that behalf along with the fee specified in the First Schedule. CHAPTER V EXCLUSIVE MARKETING RIGHTS 39. Filing of applicdti'~n. - An applica.Hoh for grant of a patent in respect of an invention covered under sub-section (2) of section 5 shall be made to the Controller in Form 1 along with the fee as specified in the First Schedule. .;ri' i>Ph \ 1' ~1 ,; 40. The application for grant of exclusive marketing right. - An applicat10n for grant of exclusive right to sell or distribute the article or substance shall be made to the Controller in Form 27 along with the fee as specified in the First Schedule and the Controller shall notify the filing of the application m the Official Gazette and to the authority of ihe Central

107 ~=fir~ : ~ Government that is responsible for the grant mapproval to sell or distribute the article or the substance for which the application baa been made. •••• • 41- Controller to refer application. • On re~eipt of an applicauon under rule 40, the Controller shall refer the applicatiqn rfj}ating to the patent to an examiner for making a report to him. I~. Report of examiner. • Th~ 1ll1111Diner to whom an application has been referred shall make lite report t~ the Controller within tllree moo.th> from the date ofsuch reference. 43. Notifying of grani or refusal of exclusive markejiog rights ... When the Controller ~ants or refuses an application for grant of exclusive right to sell or distribute the article or substance, he shall notify the Sil!l!C in the Offu:ial Gazette and to the authority of the Central Govemm~t that has wanted approval to sell or distribute the article or the substance. ' , !\ ,, 44. Personal docllments, etc. in relation to inventions. - The recording in a document relating to specifications and trial or use as referred to in sub section (2) of section 24B shall include public document, public trial 01 use but shall not include a personal document or ~cret trial or use. 45. Appropriate tests. - The appropriate tests conducted on or after the 1st day of January 1995 and referred to in section 24B sball be the tests either the whole or a part of which had been conducted fqr th~ purposes oftbi• Cbapter. ;t;..,'.q~ 46. Form for gr"t of neluslve marketing rights. • Exclusive nw!<c•, .g rights shall be . ' . ,,, . ' ­ W,ll!Jl<;g jp form 28. . 47. Application for com:pulsory licence to $ell or distribute or for revoc:- ~fon of e,cclusive marketing rights, -(!) An application to the Controller for the grant of co:npulsory licence \lllder section 84, section 85, Qf section 92, as modified by section 24C, shaH be in Form 18 or, as the case may be, in Form 20, to be modified as deemed necessary. Except in the case of an application made by the <;entraJ Government, the application shall set out the nature of the applicant's interest and the terms and conditions of the licence to which the applicant is willing to accept. (2) far lh~ l'Yfjl(IIO of sub-sectiQn (6) of section 84, a, modified by section 24C, the P,@nm,lllor 1nay call for statements and evidences from the applicant. (3) On receiving ~ order from the Controller, the applicant shall furnish the statement and evide;u:.~ withiil a period of three months from the date of the order of the Controller. 48. When a prima facie Qale h not made out. - (1) If upon consideration of the evidence, th~ ControH~r iii satia:fied that a prim.a facie Ca&& has not been made out for making an order unaet any of the sections referred to in rule 47, he shall notify \he applicant accordingly. Unless the arpl\fant makes a request to be heard in the matt~r, the Controller shalJ refuse the ilpplici,lti9P ~:\er the expiry of a period of one month from the date ofissue ofthe notice. (2) If the applicant makes a request for hearing within the time allowed under sub-rule (1 ), the Contro.ller shall, after giving the applicant an opportunity of being heard, detennine whether the application may be proceeded with or it shall be refused.

108 THEGAZl!TJBOFINDIA:EX'JRAORDINARY [PART0-Sllc. 3(ii)] 49, Notice of opposition against grant Qf compulsory licence or revocatwn ol exclusive marketing rights, - (1) A notice of opposition µnder sub-section (2) of section 87, as modified by section 24C <hall be given in Form 14 and shall be submitted to the Controller within three months from the date of the advertisement of the application under sub•section (1) ofthe said section. (2) The notice of opposition referred to in sub-rnle (1) shall include the terms and conditions of the licence, if any, which the opponent is prepared to grant to the applicant and shall be accompanied by evidence in support ofopposition. (3) The Controller may by order call for furtb'! evidence from the opponent ifhe so desires. (4) On receipt of the order under •ub-rule (3), th~ opponent shall furnish the further evidence within a period ofthree months from the dato of such receipt. (5) The opponent shall serve a copy of his notice of opposition and evidence on the applicant and notify the Controller when such seivice has been effected. (6) No further statement or evidence shall be delivered by either patty except with the leave of or on requisition by the Controller. (7) The Controller shall thereafter appoint a date and time for the hearing of the case and shall give the parties not less than ten days notice ofsuch hearing. (8) The procedure specified in sub-rules (2) to (5) of rule 62, shall, so far as may be, apply to the procedure for hearing under this l'IW;l, as they apply to the hearing of opposition to the grant of patents. (9) The provision of clause (/) of sub-section (1) of l!OCtion 77 for reviow Qf the decision of the Controller shall be applicable to any decision of the grant or refusal to grant of compulsory licence by t..1-e Controller. (10) When the opponent makes the application for review of the deoi,ion gf the Controller, the Controller shall suspend the operation of di., ~ecision for which the review is beinll requeste<i till the disposal ofthe application for revi~w. 50, Manner of advertisement of the o:rder for revocation of exclusive marketing rights .• The Controller shall advertise, in the Official GJ1i!et1e, the order made by him under sub­ section (3) of section 85 as modified by section 24C, for revoking exclusive marketing rights to sell or distribute the article or substance, 1 51. Applicatloq for the revision of th~ terms and conditions of a licence. • (1) An application under sub~&ectijn (4) of section 88 as n1odified by section 24C for the revision 9f the terms and conditions of a liceqce which has been settled by the Controller shall be in Fann 21 as may be modifultl .., deemed neces.ory and sh all state the facts relied upon by the applica~h 11.'ld U~! N:i;;0_ 11e -cks BPd shall be .w,::prnpanied by evidence in support of the applkati"n. (2) If j:he Controller is satisfied that a prima facie case has not been tnclde Qut for the revision ofthe terms l\l}d conditions of the licence, he may notify the applicant accordingly and unle~S

109 ~ cifiT ~ : ~ within a period of one month the applicant requests to be heard in the matter, the Controller may refuse the application. '• (3) The Controller, after giving the applicant ao opportunity of being heard, shall detennine whether the application shall be proceeded with or shall be refused. 52. Procedure to be followed in case of application under rule 51. - (1) If the Controller allows the application to be proceeded with, he shall direct the applicant to serve copies of the application and of the evidence in support thereof upon the holder of exclusive marketing rights or upon any other person on whom, in his opinion, such copies should be served. (2) The applicant shall inform the Controller the date on which the service of copies of application and of the evidence on the holder of exclusive marketing right and other persons referred to in sub-rule (I) has effected. (3) The holder of the exclusive marketing right or any other person on whom copies of the application and of the evidence have been served may give the Controller a notice of opposition in Form 14 as may be modified as deemed necessary, within two months from the date of such service. Such notice shall contain the grounds relied upon by the opponent Md shall be accomp~ied by e'vidence in support ofthe opposition . • (4) The opponent shall serve copies of the notice of opposition and his evidence on the applicant and infonn the Controller the date on which service has been made. (S) No further evidence qr statement shall be filed by either party except with special leave or requisition by the Controller. (6) On completion of the proceedings specified uoder sub-mies(!) to (5) or at such other time as he may deem fit, the Controller shall forthwith fix a date aod the time for the hearing of the case and shall give the parties not less than ten days notice of such hearing. (7) The procedure specified in sub-mies (2) to (5) ofmle 62 shall, so far as may be, apply to the procedure for hearings under this rule as they apply to the hearing of opposition to the grant ofa patel)I. (8) If the Controller decides to revise the terms ao4 conditions of licence he shall aroeod the licence granted to the applicant in such manner as 'he may deem necessary. 53. References to pu~J.ic jn~rest. - Reference to pttblic interest in sub-section (1) of section 24D shall mean the requirement 'of the public in a national emergency or other circumstances of extreme urgency. 54. Register of exclusive marketing rights. - (1) There shall be kept a register to be called the Register of Exclusive Marketing Rights and all entries relating to exclusive marketing rights sJui!J ),e made therei?· (2) The Register kept uoder sub-rule (I) shall be open to the public on a request to be made to that effect to the Controller in writing along with the fee as specified in the First Schedule. (3) Certified copy of any entry in the Register of exclusive marketing rights shall be supplied bn a request to the Controller in writing along with the fee as specified in the First Schedule.

HO 1llE GAZETIEOF INDIA, EXTRAORDINARY [PART II-SEC. 3(ii)] CHAPTER ,VI OPPOSITION TO GRANT OF PATENTS 55. Filing of notice of opposition. - The notice of opposition to be given under sub-section (!) of section 25 shall be made inform 7 and sent to the Controller in duplicate. 56. Application for extension of time under section 25 (1 ). - (I) An application fur extension of time for giving notice of opposition to the grant of patent under sub-section (1) of section 25 shall be made in Form 4 in duplicate and left at the appropriate office within four months from the date of advertisement of the acceptance of the complete specification stating the reasons for the grant of extension of time. (2) One copy of the application for extension of time shall be sent by the Controller to the applicant for patent. 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 or within two months from the date of the notice of opposition and shall deliver to the applicant a copy of the statement and the evidence. 58. Filing of reply statement and evidence. - (1) If the applicant desires to contest the opposition, he shall leave at the appropriate office a reply statement setting out fully the grounds upon which the opposition is contested and evidence if any, in support of his case within a period of two months from the date of receipt of the copy of the written statement and opponent's evidence, if any by him under rule 57 and deliver to the opponent a copy thereof. (2) If the applicant does not desire to contest or leave his reply and evidence within the period as specified in sub-rule (1 ), the application for patent shall be deemed to have been abandoned. 59. Filing of reply evidence by opponent. - The opponent may, within one month from the date of delivery to him of a copy of the applicant's reply statement and evidence under rule 58, leave at the appropriate office evidence in reply strictly confined to matters in the applicant's evidence and shall deliver to the applicant a copy of such evidence. 60. Further evidence to be left with the leave of the Controller. - No further evidence shall be delivered by either party except with the leave or directions ofthe Controller: Provided that such leave or direction is prayed before the Controller has fixed the hearing under rule 62. 61. Copies of documents to be supplied. - (1) Copies of all documents referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition and authenticated to the satisfaction of the Controller, shall be simultaneously furnished in duplicate unless the Controller otherwise directs. (2) Where a specification or other document in a language other than English is referred to in the notice, statement or evidence, an attested translation thereof, in duplicate, in English shall be furnished along With such notice, statement or evidence, as the case may be.

111 ["WTII-~3(ii)] 62. Hearing. - (1) On the completion of the presentation of evidence, if any, or at such other time as the Controller may think fit, he shall forthwith 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. (2) If either party to the proceeding desires to be heard, he shall inform the Controller by a notice along with the fee as specified in the First Schedule. (3) The Controller may refuse to hear any party who has not given notice under sub-rule (2). (4) If either party intends to rely on any publication at the hearing not already mentioned in the notice, statement or evidence, he shall give to the other party and to the Controller not less than five days' nctice ofhis intention, together with details of such publication. (S) After hearing the party or parties desirous of being heard, or if neither party desires to be heard, then without a hearing, the Controller shall forthwith decide the opposition and notify his decision to the parties giving reasons therefor. 63. Determination of costs. - Ifthe applicant notifies the Controller that he does not desire to proceed with the application 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. 64. Time within which complete specification is to be amended under section 27. - The time within which an applicant shall amend his complete specification to the satisfaction of the Controller under section 27 shall be two months from the date of such intimation by the Controller. 65. Procedure to be followed. - (1) If the specification has not been amended to the satisfaction of the Controller within the time allowed under rule 64, he shall forthwith fix a date and time for hearing and the applicant shall be given at least ten days' nOtice of such date of hearing. (2) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to bb heard, the Controller may prescribe or permit such amendment of the specification as determined and may refuse to grant a patent unless the amendment is made within ten days from the date of the order. 66. Form of making a request under section 28 (2). - A request under sub-section (2) of section 28 shall be made in Form 8. 67. Form of making a claim under section 28 (3). - (1) A claim under sub-section (3) of section 28 shall be made in Form 8, and shall be accompanied by a statement setting out the circumstances under which the claim is made. {2) A copy ofthe claim and the statement shall be sent by the Controller to every applicant for the patent (not being the claimant) and to any other person whom the Controller may consider to be interested. 68. Form of application to be made under section 28 (7). - (1) An application under sub­ section (7) of section 28 shall be made in Form 8 and shall be accompanied by a statement setting out the circumstances under which the application is made.

112 TilEGAZETTEOFINDIA:EX'IRAORDINARY (PAATII S,c.3(ii)} (2) A copy ofthe application and the statement shall be sent by the Controller to each patentee or the applicant for patent, as the case may be, aud to any other person whom the Controller may consider to be interested. 69. Procedure for the hearing of claim or an application under section 28. - The procedure specified in rules 55 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 proceedings in opposition to the grant of patents subject to the modification that reference to applicant shall be construed as the person making the claim or an application as the case may be. 70. Mention of inventor. - Any mention of the inventor under sub-section (1) of section 28 shall be made in the relevant documents in the following form, namely: ~ 0 The inventor of this invention/substantial part of this invention within the meaning of section 28 ofthe Patents Act, 1970, is .......... of..........". CHAPTER vn SECRECY DIRECTIONS 71. Permission for making· patent application outside India under section 39. - Request for permission for making patent application outside India shall be made on Fonn 30. 72. Communication of result of reconsideration under section 36 (2). - (I) The result of every reconsideration under sub-section (1) of section 36 shall be communicated to the applicant for patent within fifteen days of the receipt ofthe notice by the Controller. (2). Extension of time on revocation of secrecy directions under !lection 38. - The extension of time to be given for doing anything required or authorised to be done under section 38 shall not exceed the period for which directions given by the Central Government under sub-section (1) of section 35 were in force. CHAPTER VIII SEALING OF PATENTS 73. Sealing of patents. - (I) A request for the sealing of a patent under sub-section (I) of section 43 shall be made in Form 9. (2) The period within which a request for the sealing of a patent may be made under clause (a) of the proviso to sub-section (2) of section 43 shall be two months after the final determination to the proceeding referred to in that clause. (3) An application under sub-section (3) ofsection 43 shall be made in Form 4.

113 (4) On receipt ofa request for sealing of patent under sub-rule (I) or sub-rule (2) as the case may be, the patent shall be sealed even ifthe term ofpatent has expired. 74. Form of patent. - A patent shall be in the form as specified in the Third Schedule with such modifications as the circumstances of each case may require and shall bear the number accorded to the application under rule 3 7. 75. Amendment of patent under section 44. - An application under section 44 for the amendment of a patent shall be made in Form 10 along with substantiating evidence and be accompanied by the patent. 76. Ma6ner of applying for dlrecdon under secdon 51 (!). - (I) An application for directions under sub-section (I) of section 51 shall be made in Form 11 and shall be accompanied by a statement setting out the facts upon which the applicant relies. (2) A copy of the application and of the statement shall be seot by the Controller to every other person registered as grantee or proprietor of the patent. 77, Manner of application under section St (2). - (1) An application for directions under sub-section (2) of section 51 shall be made in Form II and shall be accompanied by a statement setting out the facts upon which the applicant relies. (2) A copy of the application and statemeot shall be sent by the Controller to the person in default. 78. Procedure for the hearing of proceedings under section 51. - The procedure specified in rules 55 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 to the grant of patents. 79. Request under secdon 52 (2). - (I) A request under sub-section (2) of section 52 shall be made in Fonn 12 within three months from the date of the order of the court referred to in sub~section (1) of the said section and shall be accompanied by a statement setting out the facts upon which the petitioner relies and the relief he claims and a certified copy ofthe order of the court. (2) Where the court has ordered the grant of patent to the applicant only for a part of the invention, the new patent granted shall be accorded a number in the same series of numbers accorded to the complete specifications accepted on the same day as the patent is granted. 80. Renewal fees under section 53. - (1) To keep a patent in force, the renewal fees specified in the First Schedule shall be payable at the expiration of the second year from the date of the patent or of any succeeding year and the same shall be remitted to the patent office before the expiration of the second or the succeeding year. (2) While paying the reoewal fee, the nnmber and date of the patent concerned and the year in respect of which the fee is paid shall be quoted. (3) The annual renewal fees payable in respect of two or more years may be paid in advance. 1253GIA'.l3-15

114 TIIBGAZEyraoFINDIA EX1RAQ!]JU.JARY {PART II-Soc. 3(ii)] ( 4 J The Controller shall, after making such onquli')' as he may deem necessary, credit any renewal fee and issue a certificate that the fee has been paid. CHAPTER IX AMENDMENT OF APPLICATION, SPECIFICATll.>N OR ANY DOCUMENT RELATING tHERETt:i 81. Amendment of application, speclllcatlon or atty document relating thereio. -(!) An application under section 57 for the amendment of an application for a paient of a complete specification or any document related thereto shall be made in Ftlfm 13. (2) If the application for amendment under sub-rule (I) relates to an applicaiioh for a patent which has not been accepted, the Controller shall detennllle whetllef anti subject to what conditions, if any, the amendment shall be aiiowed, (3) (a) If the application for amendment under ,uh-rule (I) Is made af\er the acceptance of the complete specification and the nature of the proposed amendment is substantive, the application shall be advertised in the Official Gazeuo, (b) Any person intew;tctl in opposing the application for amendment shall give a notice of opposition in Funn 14 within threl! tnonths from the date of advertisement of the application in the Official Gazette. (c) The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing m1t1 costs shall, sci far as may be, appiy to the hearing of the opposition under section ,1 as they apply to the hearing of the opposition to the grant of patents. 82. Preparation of amended specifications; ~le.. - Where the Controller allows the application for a patent or the complet~ Specification or any other document to be amended, the applicant shall, if the Controller so requires and within the time to be specified by him, leave at the appropriate office an i\fi\tm.ded apt,Hcation or the specification or the other document, as the case may be, in accordance with the provisions of these rules. 83. Advertisement of the amendment allowed. - the artiendments allowed after a complete specification has been accepted, shall be advertised in the Official Gazette. CHAPTER. X RESTORATION OF PATENTS 84. Restoration of patents. - (1) An application for the restoration of a patent under section 60 shall be made in Form 15, (2) Where the Controller is satisfied that a prima facie case for the restoration of any patent has not been made out, he shall intimate the applicant accordingly and unless the applican1 makes a request to be heard in the matter within one month form the date of such intimation the Controller shall refuse the application.

[~II ~3(ii)] \trol''!fir~: a:mli:IR1'! 115 nJ v,lllpr~ applicant rcqu~sts for a hearing within the time allowed and the Controller, after Wvjng the applicant such a hearing, is prima facie satisfied that the failure to pay the renewal (ees was unintentional, he shall advertise the application in the Official Gazette. ~$, Opposition to restoration under section 61. - (1) At any time within two months from the dati of ~vertisernent of the application in the Official Gazette under sub-rule (3) of rule ijif:! fffi.¥ P,§"SOll interested may give notice ofopposition 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 stiitement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 60 as they apply to the hearing of the opposition to the grant of patents. 86. Payment of unpaid renewal fees~ .. (l) Where the Controller decides in favour of the applicant, the applicant shal1 pay the unpaid renewal fees and the additional fee specified in the First Schetj.ule, within a month from the date of the order of the Controller allowing the ~Pplication for restoration. (2) The Controller shall advertise his decision in the Official Gazette. CHAPTER XI SURRENDER OF PATENTS 87. Surrender of Patents. - (1) The Controller shall advertise the no:,.;; of an offer given under section 63 in the Official Gazette. (2) Any person interested may within three months from the date of advertisement of the notice in the Official Gazette give notice of opposition to the Controller in Form 14 in duplicate. (3) The proce~ure 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 oppqsition under section 63 as they apply to the hearing of the opposition to the grant of patents. (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 shaJl by order revoke 1t and notify the revocation of the patent in the Official Gazette, CHAPTER XII REGISTER OF PATENTS 88, Register of patents under section 67. - (1) Upon the sealing of a patent, the Controller shall enter in the register of patents at each appropriate office, the name, address and

1!6 THE GAZETIEOFIND!A: EXIRAORDINARY IPARTII---SllC. 3(ii)j nationality of the grantee as the patentee thereof, the title of the invention (including the categories to which the invention relates), the date of the patent and the date of sealing thereof together with the address for service of the patentee. (2) The Controller shall also enter in the register of patents particulars regarding proceedings under the Act before the Controller or the courts in respect of every patent. (3) Where the register of patents or any part thereof is in computer floppies, diskettes or any other electronic form it shall be maintained and accessed only by the person who is duly authorised by the Controller and no entry or alteration of any entry or rectification of any entry in the said register shall be made by any person who is not so .authorised by the Controller. 89. Registration of documents under section 68. - An application for the registration of a document under section 68 shall be made in Form 16. 90. Registration of title and interest in patents. - (I) An application referred to in sub­ section (1) or sub-section (2) of section 69 shall be made in Fann 17. (2) An application for an entry in the register of patents of any other docwnent purporting to affect the proprietorship of the patent by the person benefiting under the document shall be made in Form 17. 91. Presentation of assignment, ett. of patent to Controller. - Every assignment and every other document giving effect to or being evidence of the transfer of a patent or affecting the proprietorship thereof or creating an interest therein as claimed in such application, shall, unless th~ Cur,:ru'.~er otherwise directs, be presented to him together with the application which shaU be accompanied by two copies of the assignment or other document certified to be true copies by the applicant or his agent and the Controller may call for such Other proof of title or written consent as he may require. 92. Registration of title or interest in a patent . .,. After the receipt of an appHcatiou under sub-section (1) or sub~section (2) of section 69, the Controller shall register the title of the person concerned or his interest in a patent, as the case may be, and an entry in the following form shall be made in the register, namely: ­ "In pursuance of an application received on the Proprietor Assignment registered as licencee by virtue of licence Mortgagee etc. Mortgage deed etc. dated and made between ofthe one part and ofthe other part". 93. Ea.tr,· 9f 1 eni:l'<t:l r~-, - l ioon receipt of the payment of the prescribed renewal fee in resp.:...:t v.i. u patent, th(' Controller shall enter in the register of patents the fact that the fee has been paid and lhe date of payment of sui.;h tel! and issue a certificate of the payment. 94. Alteration of address. - (I) A patentee may make a request in writing along with fee payable to the Controller for the alteration of his name, nationality, address or address for

117 [ "1'111-.....3(ii)J 'fl«!' cfjJ 'Uiif1l1l : ~ service as entered in the register of patents in respect of any patent granted to him. The Controller may require such proof of the alteration as he may think fit before acting on a request to alter the name or nationality. (2) If the Controller allows a request made under sub-rule (1), he shall cause the entries in the register to be altered accordingly, , (3) If a patentee makes a request in writing along with fee payable for entering an additional address for service in fudia and if the Controller is satisfied that the request should be allowed, he shall have the additional address for service entered in the register. 95. Inspection of register of patents under section 72 and fees payable therefor. - (1) The register of patents shall be open for public inspection during office hours on payment of the fees specified therefor in the First Schedule. (2) When register of patents or any part thereof is in computer floppies. diskettes or any other electronic form the person authorised by the Controller under sub-rule (3) of rule 88 shall provide access to the computer floppies, diskettes or other electronic form or printouts of the records thereof. CHAPTER XIII COMPULSORY LICENCE AND REVOCATION OF PATENT 96. Application for compulsory licence etc. - An application to the Controller for an order under section 84, section 85, section 91 Qr section 92 shall be in Form 18, or in Form 20, as the case may be. Except in the c~e 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. 97. When a prima fade case is not made out. - (1) If, upon consideration of the evidence, the Controller is satisfied that a prima facie case has not been made out for the making of an order wider any ofthe sections referred to in rule 96, he shall notify the applicant accordingly, and unless the applicant requests to be heard in the matter, within one month from the date of such notification, the Controller shall refuse the application. (2) If the applicant requests for a hearing within the time allowed under sub-rule (1 ), the Controller shall, after giving the applicant an opportunity of being heard, determine whether the application may be proceeded with or whether it shall be refused. 98. Nodee of opposition under section 87 (2). - (1) A notice of opposition under sub-section (2) of section 87 shall be given in Form 14 and shall be sent to the Controller within two months from the date of the advertisement of the application under sub-section (1) of the said section. (2) The notice of opposition referred to in sub-rule (1) shall include the terms and conditions of the licence, if any, the opponent is prepared to grant to the applicant and shall be accompanied by evidence in support of the opposition.

118 THEGAZETIEOFINDIA:EXIRAORDINARY [PART II-SEC. 3(ii)] (3) The opponent shall serve a copy of his notice of opposition and evidence on the applicant and notify the Controller when such service has been effected. (4) No further statement or evidence shall be delivered by either party except with the leave of or on requisition by the Controller. (5) The Controller shall forthwith fix a date and time for the hearing of the case aod shall give the parties not Jess then ten days• notice ofsuch hearing. (6) The procedure specified in sub-rules (2) to (5) of rule 62, shall, so far as may be, apply to the procedure for hearing under this rule as they apply to the hearing of opposition to the gran! ofpatents. 99. Manner of advertisement of the revocation order.• The Controller shall advertise in the Official Gazette the order made by him under sub-section (3) of section 85 revoking ~ patent. 100. Application under section 88 (4). - (1) An application under sub-section (4) of section 88 for the revision of the terms and conditions of a licence which have been settled by the Controller shall be in Fonn 21 and shall state the facts relied upon by the applicant and tµe relief he seeks and shall be accompanied by evidence in support of the application. (2) If the Controller is satisfied that a prime Jacie case has not been made out for the revision of the terms and conditions of the licence. he may notify the applicant accordingJy and unless within a month the applicant requests to be heard in the matter, the Controller may refuse the application. (3) The Controller, after giving the applicant an opportunity of being heard, shall determ~nE whether the application shall be proceeded with or whether the application shall be refuseq. 101. Procedure to be followed in case of applications under section 88 (4). . (I) If the Controller allows the application to be proceeded with, he shall direct the applicant to senre copies of the application and ofthe evidence in support thereof upon the patentee or any other person appearing in the register to be interested in the patent or upon any other person on whom, in his opinion such copies should be so served. (2) The applicant shall infonn the Controller the date on which the service of copies of application and of the evidence on the patentee and other persons referred to in sub-rule (1) has been effected. (3) The patentee or any other person on whom copies of the application and of the evidence have been served, may give to the Controller notice of opposition in Fonn 14 withil,1 one. month from the date of such service. Such notice shall contain the grounds relied upon by the opponent and shall be accompanied by evidence in support of the opposition. (4) The opponent shall serve copies of the notice of opposition and his evidence on ~~ applicant and inform the Controller the date on which such setvice has been effected. (5) No further evidence or statement shall be filed by either party except with speci~l ~~"ye pf or on requisition by the Controller. • •

119 (6) On completion of the above proceedings, the Controller shall forthwith fix a date and the time for the hearing of the case and shall give the parties not less than ten day's notice of such hearing, (7) The procedure specified in sub-rules (2) to (5) of rule 62 shall, so far as may be, apply to the procedure for hearing under this rule as they apply to the hearing of opposition to the,grant of a patent. (8) If the Controller decides to revise the terms and conditions of licence he shall forthwith amend the licence granted to the applicant in such manner, as he may deem necessary. 102. Application for termination of compuJsory licence under section 94. - (1) An application for termination of compulsory licence under section 94(1) shall be made in Form 22 by the patentee or any other person deriving title or interest in the patent. The application shall be accompanied by the evidence in support of the application. (2) The applicant shall serve a copy of the application and evidence on the holder of the compulsory licence and shall infonn the Controller the date on which the service has been effected. (3) The holder ofthe compulsory licence may file his objection along with evidence, if any, to the application within one month from the date of receipt of the application and evidence by him to the Controller and serve a copy thereof to the applicant. (4) No further evidence or statement shall be filed by either party except with special leave of or on requisition by the Controller. (5) On completion of the above proceedings, the Controller shall forthwith fix a date and the time for the hearing of the case and shall give the parties not less than ten day's notice of such hearing. (6) The procedure specified in sub-rules (2) to (5) of rule 62 so far as may be, apply to the procedure for hearing under this rule as they apply to the hearing of opposition to the grant of a patent. (7) If the Controller decides to terminate the compulsory licence he shall forthwith issue an order giving terms and conditions, if any, of such tennination and serve copies of the order to both the parties. CHAPTER XIV SCIENTIFIC ADVISERS 103. Ro11 of scientific advisers. - (I) The Controller shall maintain a roll of scientific advisers for the purpose of section 115. The roll shall be updated annually. The roll shall contain the names and addresses of scientific advisers, their designations, information regarding their educational qualifications, the disciplines of their specialisation and their technical, practical and research experience. (2) A person shall be qualified to have his name entered in the roll of scientific advisers, ifhe­ (i) holds a degree in science, engineering, technology or equivalent;

120 TilEGAZETIEOFINDIA.EXJRAORDINARY JPAAril----Sac. 3(ii)) (ii) has at least fifteen years' practical or research experience; and (iii) he holds or has held a responsible post in a scientific or technical department of the Central or State Government or in any organisation. 164. Manner of application for inclusion in the roU of scientific advisers. - Any interested person may apply to the Controller for inclusion of his name in the roll of scientific advisers furnishing his bio-data. 105. Inclusion of the name of any other person in the roll of scientific advisers. - The Control1er may, notwithstanding anything contained in rules 103 and 104, enter the name of any person in the roll of scientific advisers, if he is of the opinion after such inquiry as he deems fit, that such person should be entered in the roll of scientific advisers. 106. Power to relax. - Where the Controller is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the qualifications specified in sub-rule (2) of rule 103 with respect to any person, if such person is otheiwise well qualified. 107. Removal of names from the roll of scientific advisers. - The Controller may remove the name of any person from the roll of scientific advisers, if ­ (a) such person makes a request for such removal; or (b) the Controller ts satisfied that his name has been entered in the roll by error or on account ofmisrepresentation or suppression of any material fact; or (c) such-person has been convicted of an offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity and the Controller is of the opinion that his name should be removed from the roll: Provided that, before removing the name of any person from the roll of scientific advisers under this rule, such person shall be given a reasonable opportunity ofbeing heard. CHAPTER XV PATENT AGENTS 108. Particulars to be contained in the register of patent agents. - (1) The register of patent agents maintained under section 125 shall contain the name, nationahty, address of the principal place of business, addresses of branch offices, if any, the qualifications and the date of registration of every registered patent agent. (2) Where the register of patent agents is in computer floppies, diskettes or any other electronic form, it shall be maintained and accessed only by the person who is duly authorised by the Controller and no entry or alteration of any entry or rectification of any entry in the said register shall be made by any person who is not so authorised by the Controller. 109. Application for registration of patent agents. - (1) Every person who desires to be registered as a patent agent shall make an application in Form 23. (2) The applicant shall furnish such other information as may be required by the Controller.

121 (3) A person desirous to appear in the qualifying examination under rule I 10 shal1 make a request to the Controller along with the fee as specified in the First Schedule. 110. Particulars of the qualifyi11g examination for patent age11ts. - (1) The qualifying examination referred to in clause (c) (ii) of sub-section (1) of section 126 shall consist of a written test and a viva voce examination. (2) The qualifying examination shall consist of the following papers and marks, namely: Paper I - Patents Act and Rules 100 Paper IJI - Drafting and interpretation ofpatent specifications and other documents. 100 Viva Voce 100 (3) The qualifying marks for each written paper and for the viva voce examination shall be fifty per cent each, and a candidate shall be declared to have passed the examination only ifhe obtains an aggregate of sixty per cent of the qualifying marks. 11 l. Registration of patent agents. - After a candidate passes the qualifying examination specified in rule 11 0 and after obtaining any further infonnation which the Controller considers necessary he shall, on receipt of the fee specified therefor in the First Schedule, enter the candidate's name in the register of patent agents and issue to him a certificate of registration as a patent agent. 112. Details to be included in an application for the registration of a patent agent. - An application by a person entitled to be registered as a patent agent under sub-section (2) of section 126 shall also be made in Form 23. 113. Registration of patent agents under section 126 (2). - On receipt of ai:i application for the registration of a person as a patent agent under rule 112, the Controller may if he is satisfied that the said person fulfils the conditions specified in sub-section (2) of section 126 enter his name in the register ofpatent agents. 114. Disqualifications for registration as a patent agent. -A person shall not be eligible to be registered as a patent agent, ifhe­ (i) has been adjudged by a competent court to be ofunsound mind; (ii) is an undischarged insolvent; (iii) being a discharged insolvent, has not obtained from the court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part; (iv) has been convicted by a competent court, whether within or outside India of an offence to undergo a term of imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Central Government has, by order in this behalf, removed the disability; (v) being a legal practitioner has been guilty ofprofessional misconduct; or (vi) being a chartered accountant, has been guilty of negligence or misconduct. 115. Payment of fees. - The continuance of a person's name in the register of patent agents shall be subject to the payment of the fees specified therefor in the First Schedule. ~Gl/03-16

122 1llE GAZETIEOF INDIA: EXIRAORDINARY (PART0--SEC, 3(ti)] 116. Removal of a name from the register of patent agents. - (1)_ The Controller may delete from the register ofpatent agents, the name of any patent agent­ (a) from whom a request has been received to that effect; or (b) when he is dead; or (c) when the Controller has removed the name of a person under sub-section (1) of section 130;or (d) ifhe has defaulted in the payment of fees specified in rule 115, by more than three months after they are due, (2) The removal of the name of any person from the register of patent agents shall be notified in the Official Gazette and shall be, where relevant forthwtth communicated tO the person concerned. 117. Restoration of name of persons removed from the register of patent agents. - (1) An application for the restoration of the name of any person removed from the register of patent agents under sub-section (2) of section 130 shall be made in Form 24 within two months from the date of such removal. (2) If the name of a person is restored to the register of patent agents, his name shall be continued therein for a period of one year from the date on which his last annual fee became due. (3) The restoration of a name to the register of patent agents shall be notified by the Controller in the Official Gazette and communicated to the person concerned. 118. Alteration of names etc. in the register of patent agents. - (1) A patent agent may apply for the alteration of his name, address of the principal place of business and branch offices, if any, or the qualifications entered in the register of patent agents. On receipt of such application and the fee specified therefor in the First Schedule, the Controller shall cause the necessary alterations to be made in the register of patent agents. (2) Every alteration made in the register of patent agents shall be notified in the Official Gazette. 119. Refusal to recognise as patent agent. - If the Controller is of the opinion that any person should not be recognised as a patent agent in respect of any business under the Act as provided in sub-section (1) of section 131 thereof, he shall communicate his reasons to that person and direct him to show cause why he should not refuse to recognise him as such agent, within _such time as he may allow, and after considering the reply, if any, of that person and giving him an opportunity of being heard, the Controller may pass such orders as he may deem fit. 120. Publication of the names of patent agents, registered under the Act. - 'I he names and addresses of persons registered as patent agents shall from time to time be published in the Official Gazette and in such other manner as the Controller may deem fit.

123 ["f11TII-~3(ii)] 'l.1Tm"1til~:~ CHAPTER XVI MISCELLANEOUS 121. Address for Communications. ~ All communications in relation to any proceeding under the Act or these rules shall be addressed to the Controller at the appropriate office. 122. Correction of clerical errors. - A request for the correction of a clerical error in any document referred to in section 78 shall be accompanied by a copy of the document highlighting the corrections clearly along with the fees payable therefor as specified in the First Schedule. 123. Manner of advertfaemcnt of the proposed correction of any error. - Where the Controller requires a notice of the nature of the proposed correction to be advertised, the request and the nature of the proposed correction shall be published in the Official Gazette and the pt:rson making the request shall also serve copies of the request and the copies of the document showing the proposed corrections to such persons who, in the opinion of the Controller, may be interested. 124. l\ifanner and time of opposition to the making of corrections. - (1) Any person interested may, at any time, within three months from the date of the advertisement of the request for correction in the Official Gazette give notice of opposition to the Controller in Fonn 14 in duplicate. (2) Such notice of opposition shall be accompanied by a statement in duplicate setting out the nature of the opponent's interest, the facts on which he relies and the relief which he seeks. (3) A copy of the notice and of the statement shall be sent by the Controller to the person making the request. (4) The procedure specified in rules 58 to 63 relating to the filing ofr~~p-:, st<1t-: nent, leaving evidence, hearing and costs shall, so far as may be, apply to the hearin, Oi, t ... opposition under section 78 as they apply to the hearing of the opposition to the grant ,•fpatents. 125. Notification of corrections. - The Contro1ler shall notify the perso,.., making a request for the correction and the opponent, if any, of the corrections made in the re:evant document. 126. Form, etc. of affidavits. - (1) The affidavits required by the Act or these rules to be filed at the patent office or furnished to the Controller shal1 be duly sv.,orn to in the manner as prescribed in sub-rule (3). (2) Affidavits shall be confined to such facts as the deponent is able, of his own knowledge, to prove except in interlocutory matters, where statements of belief of the deponent may be admitted, provided that the grounds thereof are given. (3) Affidavits shall be sworn to as follows: ­

124 THE GAZETTE OF INDIA: EX1RAORDINARY (PARTII-SEC 3(ii}} (a) in India - before any court or person having by law authority to receive evidence, or before any officer empowered by such court as aforesaid to administer oaths or to take affidavits; (b) in any country or place outside India~ before a diplomatic or consular officer, within the meaning of the Diplomatic and Consular Officers (Oaths and Fees)Act, 1948 (41 of 1948) in such country or place or before a notary of the country or place, recognised by the Central Government under section 14 of the Notaries Act, 1952 (53 of 1952), or before a Judge or Magistrate of the country or place. (4) Alterations and interlineations shall, before an affidavit is sworn to or affirmed be authenticated by the initials of the person before whom the affidavit is sworn to. 127. Exhibits. -Where there are exhibits to be filed in an opposition or any other proceedings, a copy or impression of each exhibit shall be supplied to the other party at his request and expense; if copies or impressions of the exhibits cannot conveniently be furnished, the originals shalJ be left with the Controller for inspection by the person interested by prior appointment. The exhibits in original if not already left with the Controller shall be produced at the hearing. 128. Directions not otherwise prescribed. - (1) Where for the proper prosecution or completion of any proceedings under the Act or these rules, the Controller is of the opinion that it is necessary for a party to such proceedings to perfonn an act, file a document or produce evidence, for which provision has not been made in the Act or these rules, he may, by notice in writing, requ re such party to perfonn the act, file the document or produce the evidence specified in su -11 notice. (2) Where an applicant or a party to a proceeding desires to be heard or not heard, the Controller may, at any time, require him to submit his statement in writing giving such infonnation as the Controller may deem necessary within the time specified by him. 129. Exercise of discretionary power by the Controller. - Before exercising any discretionary power under the Act or these rules adversely to an applicant for a patent or a party to a proceeding the Controller shall give such applicant or party, a hearing, after giving him at least ten days notice of such hearing. 130. Application for review of decisions or setting aside of orders of the Controller. - (1) An application to the Controller for the review of his decision under clause (j) of sub•section (1) of section 77 shall be made in Form 25 within one month from the date of communication of such decision to the applicant or within such further period not exceeding one month thereafter as the Controller may on a request made in Fonn 4 allow and shall be accompanied by a statement setting forth the grounds on which the review is sought. Where the decision in question concerns any other person in addition to the applicant, the Contrqller shall forthwith transmit a copy of each of the application and the statement to the other person concerned. (2) An application to the Controller for setting aside an order passed by him ex parte under clause (g) of sub-section (1) of section 77 shall be made in Fonn 25 within one month from the date of communication of such order to the applicant or within such further period not exceeding one month as the Controller may on a request made in Form 4 allow and shall be accompanied by a statement setting forth the grounds on which the application is based. Where the order concerns any other person in addition to the applicant, the Controller shall,

125 forthwith transmit a copy each of the application and the statement to the other person concerned. 131. Form and manner in which statements required under section 146 (2) to be furnished. - (1) The statements shall be furnished by every patentee and every licencee under sub-section (2) of section 146 in Form 29 which shall be duly verified by the patentee or the licencee or his authorised agent. (2) The statements referred to in sub-rule (1) shall be furnished in respect of every calendar year within three months of the end of each year. (3) The Controller may publish the information received by him under sub-section (1) er sub­ sectiori (2) of section 146 in the Official Gazette and in such other manner as he may deem fit. 132. Form of application for the issue of a duplicate patent. - An application for the issue of a duplicate patent under section 154 shall contain a statement setting out the circumstances in which the patent was lost or destroyed or cannot be produced together with the fee as specified therefor in the First Schedule. 133. Supply of certified copies and certificates under sections 72 and 147. - Certified copies of any entry in the register, or certificates of, or extracts from patents, specifications and other public documents in the patent office, or from registers and other records including ~ records in computer floppies, diskettes or any other electronic form kept there, may be furnished by the Controller on a request therefor made to him and on payment of the fee specified therefor in the First Schedule. 134. Request for information under section 153. - (1) A request for infonnation in respect of the following matters relating to any patent or application for patent shall be admissible, namely: ­ (a) as to when a complete specification following a provisional specificati0n has been tiled or an application for patent has been deemed to have been abandoned; (b) as to when publication of application has been made under section 1 lA. (c) as to when an application has been withdrawn under section 11B. (d) as to when a request for examination has been made under section 11B. (e) as to when the examination report has been issued under section 12; (f) as to when a complete specification has been accepted or when an application for patent has been refused; (g) as to when a patent has been sealed, or when the time tor requesting sealing has expired; (h) as to when a renewal fee has been paid; (i) as to when a term of a patent has expired or shall expire; (j) as to when an entry has been made in the register or application has been made for the making of such entry; or (k) as to when any application is made or action taken involving an entry in the register or advertisement in the Official Gazette, if the nature of the application or action is specified in the request. (2) Separate re.quest shall be made in respect of each item of information required. (3) The fee payable on a request to be made under section 153 shall be as set out in the First Schedule.

126 Tl-lEGAZETJ'EOFINDIA:EX'IRAORDINARY (PART II-Sa:::. 3(ii)) 135. Agency. - (1) The authorisation of an agent for the purposes of the Act and these rules shall be in Form 26 or in the form ofa power of attorney. (2) Where any authorisation has been made under sub-rule (1 ), service upon the agent of any document relating to any proceeding or matter under the Act or these rules shall be deemed to be service upon the person so authorising him and all communications directed to be made to a person in respect of any proceeding or matter may be addressed to such agent, and all appearances before the Controller relating thereto may be made by or through such agent. (3) Notwithstanding anything contained in subwrule (1) and (2), the Con~roller may, if it is considered necessary, require the personal signature or presence of an applicant, opponent or party to :!fl.lch proceeding or matter. 136. Scale of co:,;ts. - (1) Tn all prvcccdings before the Controller, he may, subJect to rule 63, award costs as he considers reasonable, having regard to all the circumstances of the case: Provided that the amount of costs awarded in respect of any matter set forth in the Fourth Schedule shall not exceed the amount specified therein. f2) Notwithstanding anything contained in sub-rule (1 ), the Controller may, in his discretion award a compensatory cost in any proceeding before him which in his opinion is false 0r v~xatious. 137. Powers of ControUer generally. - Any docwnent for the amendment of which no special provision is made in the Act may be amended and any irregularity in procedure which in the opinion of the Controller may be obviated without detriment to the interests of any person, may be corrected if the Controller thinks fit and upon such terms as he may direct. 138. Power to extend time prescribed. - (1) The time prescnbed by these rules for doing of any act or the taking of any proceeding thereunder may be extended by the Controller normally not more than three months, if he thinks it fit to do so and upon such terms as he may direct: Provided that only one such extension shall be granted by the Controller in every matter before him. (2) Any request for extension of time made under these rules shall be made within the extendable period by request unless otherwise provided in these rules. 139. Hearing before the Controller to be in public in certain cases. - Where the hearing before the Controller of any dispute between two or more parties relating to an application for a patent or to any matter in connection with a patent takes place after the date of the publication of the complete specification, the hearing of the dispute shall be in public unless the Controller, after consuhat1on with the parties to the dispute who appear in person or are represented at the hearing, otherwise directs.

127 'l{lUf cf,T ~ : aml~ THE FIRST SCHEDULE (See rule 7) FEES Number of entry I. I. 2. 3. 4. 5. 6. 7. 8. (i) (ii) 9. 10. 11. On what payable Number of the . relevant Form 2. 3. On application for a patent under sections 5(2), 7, 54 or 135 and I rule 39 accompanied by provisional/complete specification. On filing complete specification 2 after provisional. On filing a statement undertaking under section 8. and 3 On request for extension of time 4 under sections 8(2), 9(1), 25(1), 28(4), 43(3) or 53(3) and rules 12(4), 13(6), 24(5). 56(1), 73(3) or 130. On filing a declaration as to 5 inventorshio under rule 13(6). On application for post dating.

On application for deletion of

reference under section 19(2). On claim under section 20(1); 6 On request for direction under 6 section 20(4) or 20(5). On request for postponement of

acceptance of complete specification under section 22. On notice of opposition to grant of patent under section 25. 7 On g1vmg notice that hearing

before Controller will be Amount of foes (in rupees) For natural For other than person(s) natural person( s) either alone or jointly with natural person( s) 4 5. Rupees Rupees 750 3,000 Multiple of 750 Multiple of in case of every 3,000 in case of multiple priority. every multiple priority No fee No fee No fee No fee 250 1,000 per per month month No fee No fee 500 2,000 500 2,000 500 2,000 500 2,000 500 2,000 1,500 5,000 1,500 5,000

128 THEGAZETIEOFINDIA EXTRAORDINARY [PAllTil-SEc 3(ii)] attended under rule 62(2). 12. On application under sections 28(2), 28(3) or 28/7). 8 500 2,000 13. On request for sealing of a patent under section 43. 9 1,500 5,000 14. On application under section 44 10 1,500 5,000 for amendment ofnatent. 15. On application for directions under sections 51(1) or 51(2). 11 500 2,000 16. On request for grant of a patent under section 52(2). 12 1,500 5,000 17. On request for converting a . 500 2,000 patent of addition to an independent patent under section 55(1). 18. For renewal of a patent under section 53. (i) Before the expiration of the 2nd . year from the date of patent in 600 3,200 respect of 3rd year. , (ii) Before the expiration of the 3rd

600 3,200 vear in respect ofthe 4th vear. (iii) Before the expiration of the 4th . 600 3,200 year in respect ofthe 5th vear. (iv) Before the expiration of the 5th . 600 3,200 year in respect of the 6th year. (v) Before the expiration of the 6th

1,500 4,500 vear in resnect ofthe 7th vear. (vi) Before the expiration of the 7th . 1,500 4,500 year in respect ofthe 8th vear. (vii) Before the expiration of the 8th

1,500 4,500 year in resoect ofthe 9th vear. (viii) Before the expiration of the 9th . 1,500 4,500 vear in respect ofthe 10th vear. (ix) Before the expiration of the 10th

3,500 10,000 year in respect ofthe 11th vear. (x) Before the expiration of the 11 tn . 3,500 10,000 year in respect ofthe 12th year. (xi) Before the expiration of the 12th

3,500 10,000 vear in respect ofthe 13th vear. (xii) Before the expiration of the 13th

3,500 10,000 year in respect ofthe 14th year. (xiii) Before the expiration of 141n year in resoect of 15 th year . 3,500 10,000 (xiv) Before the expiration of 151" year in respect of 16th vear

5,000 15,000 (xv) Before the expiration of 161 n year in respect of 1J1h year . 5,000 15,000 (xvi) Before the expiration of 1?1n year . 5,000 15,000 in respect of 18th vear

ll 1-ll'm ~ ~ ~ 129 ' (xvii) Before the expiration of 181" year in respect of 19th vear

5,000 15,000 (xviii) Before the expiration of 191 n year in resoect of 20th vear

5,000 15,000 19. On application for amendment of application for patent /complete 13 specification/other related documents wider section 57 - (i) Before acceptance 700 2,500 (n) After acceptance 1,000 6,000 (iii) Where amendment is for 200 500 changing name /address /nationalitv/address for service 20. On notice of opposition to an 14 1,500 5,000 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). 21. On application for restoration of 15 1,500 5,000 a natent under section 60. 22. Additional fee for restoration.

3,000 10,000 23. On notice of offer to surrender a

1,000 3,000 oatent under section 63. 24. Application for registration of a 16 700 3,000 document m the Register of Patents under section 68. (In respect of (In respect of each patent) each patent) 25. On application for the entry in 17 700 3,000 the register of patent of the name (In respect of (In respect of of a person entitled to a patent or as a share or as a mortgagee or as each patent) each patent) licensee or as otherwise or for the entry m the Register of Patents of notification of a document under sections 69( 1) or 69(2) and rule 90(1 ), or 90(2). 26. On application for alteration of

200 500 an entry in the Register of Patents or Register of Patent agents under rule 94(1) or rule I !8(ll. 27. On request for entry of an additional address for service in the Register of Patents under rule

700 2,500 94(3. 28. On application for Compulsory licence under sections 84(1 ), 1253Gl/03-------11

130

TIIBGAZEflEOFINDIA·EX!ll.AORDINARY [PARTll-8,£. 3(ii)] 91(1) and 92(1). 18 1,500 5,000 29. On request for examination of application for patent under section 11B and rule 24(1). 19 1,000 3,000 30. On application for revocation of a patent under section 85( I). 20 1,500 5,000 31. On application for revision of tenns and conditions of licence under section 88(4). 21 1,500 5,000 32. On request for termination compulsory licence of 22 (a) under section 94 and (a) 1,500 (a) 5,000 (b) under section 94 as modified by section 24C. (b) 25,000 (b) 75,000 33. On application for registration as 23 500

'Of1 a patent agent under rules 109 or 112. 34. On request for appearing in the

200

qualifying examination under rule 109 13). 11, ;u ,cJ ;,, i~ 1,, ' ., ..,.,. . " \ ' 35. For registration of a person as a . - 1,500

patent agent under rule 109 or 112. 36. For continuance of the name of a

person in the register of patent ae:ent. (i) For the 1st year to be paid along with registration

500

(ii) For every year excluding the 1st 0 500

year to be paid on the 1st April in each year. 37. On application for restoration of 24 1,000

the name of a person in the Register of Patent Agents under (Plus rule 117. continuation fee under entry number 36) 38. On a request for correction of

500 1,500 clerical error under section 78(2). 39. On application for review or setting aside the decisions/ order 25 700 2,500 of the controller under sections 77(1 )(fl or 77(1)/el.

[....n 11 131 ,.... 3(1') I . 40. On application for pennission for . 500 1,500 applying patent outside India under section 39. 41. On application for duplicate ,.,, '

1,000 3,000 Patent under section 154 and rule 132. 42. On request for certified copies

700 2,500 under section 72 or for certificate . under section 147 and rule 133. 43. For certifying office copies or

200 500 printed each. 44. On request for inspection of

200 500 register under section 72 inspection under rule 27 or rule 38. 45. On request for information under

300 1,000 section 153. 46. On form of authorisation of 26 No fee No fee oatent aeent. 47. On petition not othenvise

1,000 3,000 provided for. 48. For supplying of photocopies of

4 4 the documents per page. 49. Transmittal fee for

1,500 5,000 International application. 50. For preparation of certified copy

t_l)f'l1 3,000 of priority document and for transmission of the same to the International Bureau of World Intellectual Property Organisation. 51. National fee on application IA 750 3,000 corresponding to International Multiple of750 Multiple of application under PCT under 3,000 in case of section 7(1A). in case of every every multiple multiple priority priority 52. On request for grant of exclusive 27 25,000 75,000 marketing right under section 24A. 53. On application for compulsory 18 25,000 75,000 licence under rule 4 7. 54. On application for revocation of exclusive marketing rights under 20 1,500 5,000 rule 47. 55. On notice of opposition to 14 10,000 30,000 application under section 87 as modified bv section 24C or

132 • IBEGAZETIEOFINDIA·E.XlRAORDINARY iPARTII----&c 3ftl)I llllderrule49 (!) or rule 52 (3). 56. On application for revision of terms and conditions of licence under rule 51 (!). 21 10,000 30,000 57. On request for inspection of Register of Exclusive Marketing Right. . 200 500 58. On request for supply of Certified copy of the entry in the Register of Exclusive Marketing Right. . 700 2,500 59. On statement regarding working of a patented invention on a commercial scale in India under Section I 46(2). 29 No fee No fee 60. Request for pennission for making patent application outside India under section 39. 30 No fee No fee Note: All the Forms/Applications/Requests/Notice/Petitions shall be filed in duplicate llllless otherwise specified in the r~•,'n.

133 l ~ II-~3(ii)J THE SECOND SCHEDULE {See rule 8{ Forms LIST OF FORMS Form Section and rule No. ITitle I 2 3 I. Sections 5(2), 7, 54, 135 and rule 39 Application for grant ofa patent. I.A Section 7(lA); rule 20(1) Application for grant ofpatent on an application correspondmg to an 2. Section 1 O; rule 13 International apphcabon under PCT. Provisional/Complete Specification. 3. Section Sand rule 12. Statement and undertaking. 4. Sections 8(2), 9(1), 25(1), 28(4), 43(3), 53(3) and rules 12(4), 13(6), 24(5), 56(1), 73(3) or 130. Request for extension for time. 5. Section 10(6) and rule 13(6). Declaration as inventorship. 6. Secttons 20(1), 20(4), 20(5) and rules 34(1), 35 or 36. Claim or request regarding any change in applicant/or patent. 7. Section 25 and rule 55. Notice of opposition to grant of a patent. 8. Sections 28(2), 28(3) or 28(4) and rules 66, 67, 68. Request or claim regarding mention of inventor as such in a patent. 9. Section 43 and rule 73(1). Request for sealing ofa patent. 10. Section 44 and rule 75. Application for amendment of patent. Sections 51(1), 51(2) and rules 76, 77. Application for direction of the controller. 12. Section 52(2) and rule 79. Request for grant ofpatent. 13. Section 57 and rule 81(1). Application for amendment of the application for patent/complete specification. 14. Sections 57(4), 61(1), 63(3), 78(5) and 87(2) and rules 49(1), 52(3), 81(3)(b), 85(1), 87(2), 98(1), 101(3) or 124 and also section 87 (2) as modified by section 24C. Notice of opposition to amendment/restoration/surrender of patent/grant of compulsory licence or revision ofterms thereof or to a correction of clerical errors.

134 TilEGAZETIEOFINDIA:EX1RAORDINARY (PART 11-SF.C. 3(ii}] 1 2 3 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. ~'" 21. 28. 29. 30. Section 60 and rule 84. Section 68 and rule 89. Sections 69(1) or 69(2) and rules 90(1) and 90(2) Sections 84(1), 91 or 92(1) and rules 47, 96 and also sections 84 and 92 as modified by section 24C. Section 1 IB and Rule 24(1). Section 85(1) and rules 47, 96, and also section 85(1) as modified by section 24C. Section 88(4) and rules 51, 100 and also section 88(4) as modified by section 24C. Section 94 and rule 102(1) and also section 94 as modified by section 24C. Rules 109 and 112. Section 130 (2) and rule 117. Sections 77(1)(/). 77(I)(g) and rules 130(1) or 130(2). Sections 127, 132 and rule 135. Section 24A and rule 40. Rule 46. Section 146(2) and rule 131(1) Section 39 Application for restoration of patents. Application for registration of a document. Application for registration of title/interest in a patent or share in it or registration of any document purporting to affect proprietorship ofthe patent. Application for compulsory licence. Request for examination of application for patent. Application for revocation of a patent or exclusive marketing right. Application for revision of terms and conditions oflicence. Request for termination compulsory licence. Application for registration Patent Agent. of of Application for the restoratwn of the name in the register of Patent Agents. Application for review/setting aside controller's decision/order. Fonn of authorisation of a Patent Agent/or any person in a matter or proceeding under the Act. Application for grant of exclusive marketing rights. Form for the grant of exclusive marketing rights. Statement regarding the working ofthe Patented invention. Requestfor pennission for making patent application outside India

FORM 1 THE PATENTS ACT, 1970 (39 of 1970) APPLICATION FOR GRANT OF A PATENT (See sections 5(2), 7, 54 and 135; rule 39)

1. Repeat the columns (a) to (c) if t. I/We, t.. there are more than one (a) 2 applicants. (b) 3
2. Insert the name in full. The family or principal name in the beginning if the applicant is a natural person.
3. Insert the complete addresses including postal mdex number/code and state and/or country.
4. Insert the nationality.
5. Repeat the columns (a) to (c) if there are more than one mventor.
6. Insert the name m full. Family or pnncipal name m the begmnmg. (c) 4 in(1 _ (a) 2 (b) 3 (c) 4 (a) 2 (b) 3 (c),
7. hereby declare ­ (a) that I am/We are in possession of an inventmn titled -------------­ (b) that the provisional/complete specification relating to this mventton is filed with this applic11t10n. (c) that there is no lawful ground of obJection to the grant of a patent to me/us
8. further declare that the mventor(s) for the said invention 1s/are 5 ___________ (a),. _____________ (b)7. _____________

136 'lllEGAZETIEOFINDIA:EX'IRAORDINARY [PAI<T II--SEC. 3(1i)j 7. lnsert the Complete address including the postal code, state and/or country. 8. Insert the nationality. 9. Repeat the columns (a) to (c) if there are more than one applications. 10. Name of the country. 11. Application number 12. Date ofapplication. 13. Applicant in convention country. 14. Title of the invention in the convention country 15. Application number or patent number. 16. Date of application or date of patent. 17. Application number including published serial number, ifany. 18. Date of filing of provisional specification and/or complete specification. 19. Complete address including postal index number/code and state along Wlth Telephone and Telefascimile number(s) 20. Repeat the columns (a) to (c) ifnecessary (c)s. ______________ 4. I/We, claim the priority from the application(s) filed in convention countries, particulars of which are as fo11ows: 9. -----------­ (a). 10. ______________ (b). 11. ______________ (c). 12. ______________ (d).13. ______________ (e). 14. _______________ and declare that above application or each of the above applications was the first application(s) in a convention cowrtry/countries in respect of my/our invention.. 5. IJWe state that the said invention is an improvement in or modification of the invention, the particulars of which are as follows and of which 1/We are the applicant/patentee: (a). 1s. _______________ (b).16. ------------­ 6. l/We state that the apphcation is divided out of my/our application, the particulars of which are given below and pray that this application deemed to have been filed on __________ under section 16 of the Act. (a). 11. _______________ (b). "· ______ and _______ 7. That I arn/W e are the assignee or legal representative of the true and first inventors. 8. That my/our address for serv1ce in India is as follows: 19. ------------­ 9. Followmg declaration was given by the inventor(s) or applicant(s) in the convention country: 21. Signature of the true and first

137 inventor(s) or applicant in I/We the true and first inventors for this invention the convention country with or the applicant(s) in the convention country date. declare that the applicant(s) herein is/are my/our Name of the natura1 person assignee or legal representative. should also be given below 20... the signature. (a) 6.. 13. _____________ (b) 1.. (c) , .. ( ----------------·---------·---- ) 21 10. That to the best of my/our knowledge, information and belief the fact and matters stated herem are correct and that there is no lawful ground of objection to the grant of patent to me/us on this application. 1l. Following are the attachments with the application: (a) Provisional/complete specification (3 copies) (b) Drawings (3 copies) (c) Priority documents(s) (d) Statement and Undertaking on Form-3 (e) Power ofAuthority (t) ............................ ' ..... ' ............ (g) ..................... ,........................ . 00 ..................,.............. (i) Fee Rs. . . . . . . . . . . . . . . . m Cash/Cheque/Bank Draft beanog No............. date ................ on ................................. Bank. I/We request that a patent may be granted to me/us for the said mventlon 22. To be signed by the Dated this ............ day of ................ 20 applicant(s) or by his authonsed patent agent. Signature.. 22... 23. Name of the natural person ( -·····----··--··-·····-·--·····----· ) ••21.. who has signed, To The Controller of Patents, The Patent Office, At .............. ,.......................................... . Note: (a) Strike out which ever 1s mapphcable (b) For fee: see First Schedule 1253 Gl/03--18

138 TIIBGAZETIEOFINDIA:EXIRAORDINARY (PART JI--&c. 3(ii)] FORM lA (39 of1970) APPLICATION CORRESPONDING TO AN INTERNATIONAL APPLICATION FOR GRANT OF A PATENT [See section 7(1A); RULE 20(1)] I. Repeat the columns (a) to (c) if there are more than one applicants. 2. Insert the name in full. The family or principal name in the beginning if the applicant is a natural person. 3. Insert the complete addresses including postal index number/code and state and/or country. 4. Insert the nationality. 5. lnsert international application number. 6. Insert international filing date as allotted by the Receiving Office. 7. Repeat the colunms (a} to (c) if there are more than one inventor. 8. Insert the name in full. Family or principal name in the beginning.

1. VWe, 1.. (a)2 ______________ (b),. ____________ (c)4 _____________ (a)2 _____________ (b)l _____________ (c)4 _____________ (a)2. _____________ (b)J ____________ (c),. ______________
2. hereby declare • (d) that I am/We are in possession of an invention titled ______________ (e) that my/our application m India is based on the international application under PCT no.5 ........................... date6......•..•.....
3. further declare that the inventor(s) for the said invention is/are 7___________ (a) 8. ______________ (b),. ___________~

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139 [_'WTII-~3(ii)1 9. Insert the complete address including the postal code, state and/or country. 10. Insert the nationality. 11.Repeat the columns (a) to (e) if there are more than one applications. 12. Name of the country. 13. Application Number 14. Date ofapplication. 15. Applicant in convention country. 16. Title of the invention in the convention country 17. Application number or patent number. 18. Date of application or date of patent. 19. Complete address including postal index number/code and state along with Telephone and Telefascimile number(s) 20. Repeat the columns (a) to (c) ifnecessary 21. Signature of the true and first inventor(s) or applicant in the convention country with date. Name of the natural person should also be given below (c)10. ______________ 4. I/We, claim the priority from the application(s) filed in convention countries, particulars of which are as follows:11. -----------­ (a)."--------------­ (b). 13. ______________ (c). 14. _______________ (d). "·------------­ (e). 16. ~-~-~--~~--~-~ and declare that above application or each of the above applications was the first application(s) in a convention country/countries in respect of my/our mvention. 5. I/We state that the said invention ts an improvement in or modification of the invention, the particulars of which are as follows and of which I/We are the applicant/patentee: (a).17. _________ (b). 18. ________ 6. That I am/We are the assignee(s) or legal representative(s) of the true and first inventors, 7. That my/our address for service m India is as follows: 19. 8. Following declaration was given by the inventor(s) or applicant(s) in the convention country: VWe the true and first inventors for this invention or the applicant(s) in the convention country declare that the applicant(s) herein is/are my/our assignee or legal representative 20...

140 TIIEGAZETIEOFINDIA:EXIRAORDJNARY {PART 11--SEc. 3(1.i)] the signature. (a) 8.. 15. _____________ (b) , .. (c) 10.. ____________ (-----------------------) " 9. That to the best of my/our knowledge, information and belief the fact and matters stated herein are correct and that there is no lawful ground of objection to the grant of patent to me/us on this application. 11. Following are the attachments wtth the application: (j) Complete Specification in confinnatmn with the mtematmnal application/as amended before the IPEA, 1f any. (k) Drawing(s) m confinnanon with the international app1icatioru'as amended before the IPEA, ifany (a)Statement and Undertakmg on Fonn-3. (b) Power of Authonty (c) ............................. . (d) ............................ . (e) ........................... . (f) ........................ Fee Rs................ m Cash/Cheque/Bank Draft bearing No ............. date ............... . on ................................. Bank. 1/We request that a patent may be granted to me/us for the satd invention 22. To be signed by the Dated this ............ day of ................ 20 applicant(s) or by authonsed patent agent. his Signature.. 22 ... ( ----------------------------·-------) .. 2) .. 23. Name of the natural person who has signed. To The Patent Office, At .......................................................... Note: (a) Stnke out whichever ts not applicable (b) For fee: see the First Schedule

[ 'll'T ll-"""'3(ii)) 'lfl«r <Iii" ~ : ~ 141 FORM 2 (39 of1970) PROVISIONAL / COMPLETE SPECIFICATION (See section 10; rule 13)

1. Title of the invention.
2. Repeat the columns (a) to (c) if there are more than one applicant.
3. Insert the name in fuU. The family or principal name in the beginnmg if the applicant is a natural person.
4. Insert the complete address including postal index number/code, state and country.
5. Insert the nationahty.
6. Strike out in case of provisional specification.
7. Description of the invenhon. Descriptton shall start from the second page.
8. Inapplicable in case of provisional specification.
9. To be signed by the applicant or .his authorised registered patent agent.
10. Name of the natural person who has signed.
11. (a) Not applicable m case of provisional specificatmn (b) Separate sheet to be used for this column.
12. 1•• ------------------­
13. 2. (a)., ______________ (b).4 _____________ (c). '-------------­ (a).'--------------­ (b). '-------------­ (<). '-------------­ The following specification (particularly)'". .. describes the nature of this invention (and the manner in which it is to be perfonned) 6 :­ 3.. 7___________________
14. II We claim: - . s... Dated this ............ day of ...................... 20 Signature.. 9. ( ) .. 10.. 5•. 11.. ____~--~~--~-----­ Abstract of the mvention. Note: Stnke out whichever is not applicable

142 IBE GAZETIEOI' INDIA: BXIRAORDINARY (PAATil-&c, 3(1i)! FORM 3 (39 of 1970) STATEMENT AND UNDERTAKING UNDER SECTION 8 (See sectlon 8; rule 12)

1. Name, address and nationality of the VWe. 1..________________ applicant(s). hereby declm:
2. Name, address and nationality of the (i) that I/We who have made this application person No.___ Dated___ alone/jointly with .2 .................... ., ............... ·······................, made for the same/substantially same invention application(s) for patent in the other countries, the particulars of which are given below: Name of the country. Date of application Apphcation No. Status appl of ication the Date of publication Date of grant
3. Name and address of the assignee (ii) that the nghts in the application(s) has/.have been assigned to, 3. (iii) that VWe undertake that upto the date of acceptatice of the comJ:)lete spec1fica.ion by the Controller, I/We would keep him infonned m writing the details regardmg correspondmg applications for patents filed outside India within three months from the date of filing of o;uch application. Dated this ................... day of ............................................ 20
4. To be signed by the applicant or his authorised registered patent agent. Signature.. 4.. (
5. Name of the natural person who has signed. To The Controller ofPatents, The Patent Office, At

143 FORM 4 (39 ofl970) REQUEST FOR EXTENSION OF TIME I See sections 8(2), 9(1), 25(1), 28(4), 43(3), 53(3); rules 12(4), 13(6), 24(5), 56(1), 73(3) and 130]

1. Name, address and nationality of the I/We. applicant. ! ..._________________ hereby request for extension oftime 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. To be signed by the applicant or his authorised registered patent agent. Signature.. 2 .. (------- ---------------) .... 3
3. Name of the natural person who has signed To The Controller ofPatPnts, The Patent Office, At .......................................................... .. Note: For fee : see First Schedule.

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144 TIIEGAZETIEOF!NDJA:ExrnAORDlNARY (PART lI-SEc 3(ii)J FORM 5 (39 of 1970) DECLARATION AS TO INVENTORSHIP [ See section 10(6); rule 13(6)]

1. Name(s) of the applicant(s). I/We. ,..__________________ hereby declare that the true and first inventor(s) of the mvention disclosed m the complete spectficat10n filed in pursuance of
2. Repeat the column (a) to (c) if there are my/our application numbered more than one inventor. dated _ ..................................... is/ are: .. 2 .
3. Insert the name in full. The family (a). 3. _______________ name or principal naffie m the beginning. (b).,. _____________ 4, Insert the complete address.
4. Insert the nationality. (c). '·------------­ Dated this ................... day of ........................................... 20
5. To be signed by the apphcant or his Signature.. 6 .. authorised registered. patent agent. ( ). ,....
6. Name of the natural person who has If any person named as inventor at above is not signed so naltled in the application, he must sign the following statement: ­ I assent to the invention referred to in the above declaration, being included in the complete specification filed in pursuance of the stated application.
7. To be signed by the inventor. Signature.. s.. ( ). ,.... 1o The Patent Office, At ·················•···••·•·•••·•·••·•·•·•••••••••••••••••• Note: - Strike out whichever is not applicable.

1.... n--3(b)J FORM 6 (39efl9'7t) . CLAIM OR REQUEST REGARDING ANY CHANGE IN APPLICANT FOR PATENT· ( See sections 2G(l), 2G(4) and 20(S); rales 34(1), 35 and 36 J I. Repeat the columns (a) to (c) I. YWe, t.._____________ if there are more than one applicant (•) '-----------­ (b) '-----------­ 2. Insert the name in full. The (c) •-----------­ family OT principal name in the beginning if the applicant is a natw-al person. hereby request that the application for patent No. 3. Insert the complete address ................................ dated ..................... including post.al index number/code and state and/or made by. s_____________ country. 4. Insert the nationality. , , 5. State the name of the applicant( s) for patent. 6. Origmal and certified copies of the documents shall accompany the claim or request. 7. Insert the details of the documents. 8. Complete address including postal index number/code and state along with Telephone and Telefacsimile number(s). 9. To be signed by the applicant(s) or • authorised registered patent agent. 10. Name of the natural person who has sigJled. may proceed in my/our name and further request that direaron of the Controller, if necessary be made m that effect. "' ~; ,_, Reasons for making the above request are as follows:­ I furnish the following document(s) in support of my above request: 6• Consent by the legal representative ofthe deceased joint applicant, ifrequired . • (a)·'·-------------­ .,....-... (b).7. _____________ (c) .1. _______________ My/our address for service in India is:.s. ____ Dated this ................ day of ...................., 20 Signature 9•.• <-------------...t,"• ----) ]0., I 1253Gl,03.---19

-- 146 111BmJll9f.lNDIA;lfXWPRPINARY !!i""n-&ic. 3@!)1 To The Controller ofPllt.rtts, The Patent Offioe, At .............................. J>:. •• , ••••••••••••••••••••••••••••••• N.B.:-Tldli ........, appllcalllefer .... .............. N•te: (a)S1rlbollt wllkbev.-isnot •ppl1$Nle. (b) F'•r fee:-See F'ORM 7 (39 of19'10) NOTICE OF OPPOSITTON TO GRANT OF A PATENT I See sections 25; rule 55) l . State names, address and

1. I/We, l .._____________ nationality. hereby give notice of opposition to the grant of a patent on application for Patent No .......................
2. State the grounds taken one (Serial No .........................) dated .................. . after another. made by ______________ on the grounds 2. ___________
3. Complete address including postal index number/code and state along with Telephone and Telefacsimile number.
4. To be signed by the opponent My/Our address for services in hi.d1a is..J•.••.•••• ·····" or by his authorised registered patent agent. ·•••··•···••••••··••••••••••••••••••••••••••••••••••••••••••••••• .................................................................
5. Name of the natural person Signature .. 4.... who has signed. .(----------------------------···-) .. ,.... To The Patent Office, At ......................... :........:..................... . For fee : see First Schedule.

•• ,m,m~: iflfflf4i(lii FORM 8 THE PAIBNTS Act, 1970 (39<>f1970) REQUEST OR CLAIM REGARDING MENTION OF INVENTOR AS SUCH IN A PATENT ISee sectlom 28(2), 28(3) and 28(4); rules 66, 67 and 68 J '

1. State natnes, address and nationality

I/We, 1 ........................................................... of the person application. making this ...... , .............................................................. hereby state/claim that the following persoo(s) be mentioned as inventor(s) in the patent application No. .................................................dated ...... . made by _____________ or 2. Insert the name of 1he per$011. mentioned as inventor. hereby declare that .2............................................. ought not to have mentioned as inventor in the application for Patent No. ...............................dated ......................... made by ..................................................and I/We hereby apply for a certificate to that effect. 3. Complete address including posi:at index number/code and state along A Statement setting out t',.., ~ircurn4ances under which with Telephone and Telefacsimile number(s). 2• tlus application is made is • .-tach...... 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 1s .3.. authorised registered patent agent. Dated this . . . . . . . . . . . . . . . .. . . . . . . .. dsy of ........................... 20 5. Name of the natural person who has Signature.. 4 ... signed. (-------------··----------·-).. ,.... To The Controller of Patep.ts, The Patent Office, At ......................................................................... .

148 '. )I TIIEGAf!WEOl'JNDl,':EXrnAORDINARY iPARTll--8Ec, J(iJ)] FOR-M 9 (39 ofl9711) REQUEST FOR SEALING OF A PATENT ISee sectioa 43; rule 73(1) I I. State the name ofthe apphcant(s). I/We. I.··•····••·•·••••••••·•••••·••••••••••••••••••···••••••••••" ,......................... ,.....................................·••···· ···•••·••·····••••······••••••••••····························"·· ..···

request that a patent may be sealed on my/our application No. dared . . . . . .. . . ................. . senal No. . . . . . . . . . . . . . ............... .. and declare that no proceedmg m relanon to that apphcatton 1s pendmg before the Controller or the High Court That to best of my/our lmowledge, mformanon and behef the facts and matters stated herem are correct and that there 1s 2. To be signed by the apphcant or hts authonsed registered patent no lawful ground of obJecbon to the grant of a patent to agent. me/us on tlus apphcat10n. Dated this .... ,... ,............... day of.. . . . . . . . . . . . . . . . . . . . . . . 20 3. Name of the natural person who Signature . 2.. has signed. (---------------------------·----·--------·) .. 3 .... To The Patent Office, Af ....••.•.•....•.•...••. •······························­ Note; • For fee; see First Schedule

149 FORM 10 THE PATENTS ACT, l 970 (39 of 1970) APPLICATION FOR AMENDMENT OF PATENT ( See section 44; ru.Ie 75] l. Repeat the colU11'lllS (a} to (c) if I!We.. 1.. .. there are more than one applicant. (a).'----------------­ (b). ,. ______________ (c). 4. ________________ 2. Insert the name in full. Family or (a).'·---------------­ principal name in the beginning if (b). 3. _______________ the applicant is a natwal person. (c). ,. _______________ (a).2._______________ (b).J. ______________ 3. Insert the complete address (c).,. _______________ including postal index number/code and state and/or country. hereby request that Patent No. _________dated ...................... .. granted to _________________ 4. Insert t.'le natior.ahty. may be amended by substituting my/our name for the name of the grantee and m support to my/our request, I/We furnish the following doc~ts : , 5. Complete address including postal ............................... ·: ••••• ••.•••••••.••••••...• • 1-1.&• •• ...... index number/code and state along with Telephone and Telefacsimile number(s). My/our address for service in India 1s. 5. ....... ............................................................. . ........................................................................ Dated this ........................ day of .................................... 20 6. To be signed by the apphcant(s) or Sigm;ture.. 6•.... his authorised registered patent ( ------------------------------------------) •• 7 ... agent. 7. Name of the natural person who To has signed. The Patent Office, At...................................................................... Note : - For fee : see First Schedule

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mEGAZJ;'ITBOFINDIA:l!lClly¥lWJNARY IP""'n-&c. 3W FORM 11 THE PA'I'ENTS ACT, 1970 (39 of 1970) APPLICATION FOR DIRECTION OF THE CONTROLLER [ See sections 51(1) and 51(2); rules 76 and 77 l

I. State the name in full, address and J/We

1. ..................................................................... nationality. ····························••••••·••••••••••••••••••••••••••••••••••••• hereby apply for the following direebon in respect of patent No...................................... dated ................... .. _granted to ...... "" ............................................ . .......... ....... .......... ...... .. .. ......... .. .... .. ·············......
2. Complete address mcludmg postal The reasons for malong this apphcation are as follows : , mdex number/code and state ri,:"lft I • along with Telephone and .. ·········· ......................................... ·········"·'····· Telefaes1mde number(s). .. ·················••<"••······ ........................ , ...... .. .................................,..................................... My/Our address for seMCe m India 1s...2., ........ ,... ,..... ..
3. To be Signed by the apphcant(s) ........................................................................ or his authonsed registered patent ....................................................................... agent. Dated th,s ........................ day of ............................... 20
4. Name of the natural person who Signature .. 3.•• has signed. (--------------------------) ..•. To The Patent Office, At ........................................................... .. Note: - For fee : see First Schedule

•••••••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ['ll'!Il """'3(ri)] 'lfl!Jolil'~ : 3Hi!Etl(OII 151 FORM 12 (39ofl970) REQUEST FOR GRANT OF PATENT UNDER SECTION 52(2) [ See section 52(2); rule 791 I. Repeat the colunms (a) to (c) if there are more than one appltcant. 2. Insert the name in full. Family or pnnc1pal name m the begmnmg, tf the apphcant 1s a natural person. 3. fusert the complete adch-ess mcludmg postal code and state and/or country. 4. Nattonahty ofthe person. 5. Name ofthe Htgh Court. 6. Name, address and nationality ofthe true and first mventor. 7. Complete address mcludmg postal mdex number code and st.ate along wtth Telephone and Telefacs1mde number(s). 8. To be SJgned by the 'J/We .1. ··························•···································· ui·············-····-·················· .. -•., 0 ,,,., •••••••••••••••••••••••• (a)., ................................................................. . (b) .,. ·••············································· f• ,.~................................................................... . (c) .,...................................... ·················•· hereby deolare : that 1/We made a pet1110n under Section 64of the Act before the High Cowt of . s .. ........................... and the detads of the patent and the petl.tton are given below: Patent No. dated Gnintee / Patentee ...................................... .. Petitlon No ....................dated .................... (ii) that 'J/We have claimed to be the true and first inventoI(s)/asSJgnee(s)llegal representative(s) of . ,.

151 FORM 12 (39 of1970) REQUEST FOR GRANT OF PATENT UNDER SECTION 52(2) [ See section 52(2); rule 791 I. Repeat the columns (a) to (c) if "J/We.1.............................................................. . there are more than one applicant. • ,,1 •••••..• ······~·-······ .................................................. (a). 2 ................................................................ 2. Insert the name in full. Family or pn.nc1pal nanle tn the beginning, tf ................................................. _............ . the applicant ts a natural person. >t :-,h1u rn,,,'.:"> -:,dr ' ,,, \,fl • (b) .,............................................................ . ., 3. Insert the complete address mcludmg postal code and state and/or co1.m.try. (c) A.······················································· ... , ... hereby declare : 4. Nab.onahty of the person (i) that I/We made a petitlon under Section 64ofthe Act before the Htgh Cowt of , s .. ......................... 5. Name of the Htgh Court. and the details of the patent and the pebllon are given below: (Y. 6. Name, address and nationality of the true and first mventor. Patent No. dated 7. Complete address mcJudmg postal Grantee/ Patentee ............ ,.......................... . mdex number code and state Petitton No.....................dated .................... along with Telephone and Telefacsmule number(s). (ti) that J/We have claimed to be the true and first mventor(s)/aaatgnee(s)/legal n:presentabve(s) of . 6. 8. To he Signed by the

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153 ['WT II-~3{ii)J FORM 13 (39 of1970) APPLICATION FOR AMENDMENT OF THE APPLICATION FOR PATENT/COMPLETE SPECIFICATION ISee section 57; rule 81(1)] Name, address and nationality ofthe f/We . 1...•.... , .........•........•.•.•....•••••••••.•••••••••• applicanl(s). .. .................................................................. . . . . ' ......., ........ ,. ' .......... ' ...... ' ........................... . 2. To be signed by the applicant(s) or patent.ee(s) by his authorised request leave to amend the application/complete registered patent agent. specification with respect to application for patent No. ............... ,............dated ............................ as highlighted in the copy hereto annexed. 3. Name of the natural person who My/Our reasons for making this request are as follows: ­ has signed. ························••••••••••••••••••••••••••••••••••••••••••••• ······················••••••••••••••••••••••••••••••••••••••••••••••• ···········•••····••••••••••••••••••••••••••••••••••••••••••••••••••• I/We declare that no action for infringement or for the revocation of the patent in question is pending before 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 ...................................... 20 Signature . 2...•. (-···········-·····--····-····--------·-··-·-) 3 ••••• • To The Patent Office, Af ........................................................•....... Note : For fee: see First Schedule. 1253Gl/03-20

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154 1lIE GAZEITEOFINDIA: EX'IRAORDINARY tpAKT II-SEC. J(ri.)] FORM 14 (39of1970) NOTICE OF OPPOSITION TO AMENDMENT/ RESTORATION I SURRENDER OF PATENT/GRANT OF COMPULSORY LICENCE OR REVISION OF TERMS THEREOF OR TO CORRECTION OF CLERICAL ERRORS I s.. "'"'""' 57(4),61(1), 63(3), 78(5) and 87(2); ,ul<> 49 (1), 52(3), 81(3) (b), 85(1), 87(2), 98(1), 101(3) and 124 and also sections 8?(2) as modified by section 24C I

1. State the name, address and I/We . 1. ........................................................... .. nabonahty. hereby give notice of opposition : ­ to the amendment of the apphcation/specdication with respect to application for Patent No. dated ........................................ OR to the application for restoration of Pat.ent No.

Complete address including ............................................... dated ................. postal mdex number/code and OR state along with Telephone and to the offer to surrender the Patent No. Telefacsimile number(s). ............................... dated ............................ OR for the grant ofcompulsory licence, endorsement of patent or revocabon of Patent No........................ dated ............ DR for the revision of the terms and conditions of licence in respect of Patent No............................ dated. DR for correction ofa clerical error m Patent No. 3. To be signed by the opponent or ............................. dated .................. I Specification his authorised registered patent No...................................... dated ................... in agent. respect of Patent No ....................................... dated .......... , .... or Patent application No........................ .. dated ............... The grmmds in which the said opposition 1s made are •s follows; 4. Name of the natural person who has signed. My I Our address for service in India 1s: . 2 . • Dated this .................... day of ..................................... 20 Signature. 3 ..... To The Patent Office, At ...................................................... . Note: -(a) Stnke out whichever is not apphcable. (h)f~; fee---: see First Schedule. ------­ --------------------------------------------------·

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155 I ""1 II-"""' 3(ii)] FORM 15 (39 of 1970) APPLICATION FOR THE RESTORATION OF PATENT [ See section 60; rule 84) 1. Insert the name, address, I/We. I. ··············"·""''"'"'"''''''''''''""'''''''"'"''''''''''' nationality ofthe apphcant(s). . ...................................................... , ............... ····································""''''"''''''''''"''"'"''"'"'' hereby apply for an order of the Controller for the restoration ofPatent No..................................dated ......granted m..................................................... . ........................................... .. . . . . ...... . . . . . . ........ .." The circumstances which led to the failure to pay the renewal fee for the year .............. . ···················································-··········· on or before .................... ., ....... , are as follows: ..................... ·································'······ ···•••••••••••••••••••••••• I/We declare that 'J/We have not . ,,signed the patent to any other person(s) and that the facts and matters stated herein are true to the best of my/our knowledge infomration and belief. Dated this ................... day of .................................. 20 2. To be signed by the applicant(s) or by his authorised registered patent agent. Signature . 2.....• (-----------------------------------------------) •• 3 •••••• 3. Name of the natural person who has signed. To The Patent Office, At ..................................................... . Note: For fee : see First Schedule.

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156 1llEGAZE'nEOf INDIA: EXIRAORDINARY (PART O---SEC. 3(ii)) FORM 16 (39 of1970) APPLICATION FOR REGISRATION OF A DOCUMENT ( See sedion 68; rule 89]

1. lnsert the name, address and f!We. i. ..................... , ................................. .. nationality. ·········••·••••••••••••••••••••••••••••••••••••••••••••••••••••••• ········••••••••••••••••••••••••••••••••••••••••••••••••••••••••• hereby applv for the registration of a document the detail~ of which are gwen below, m respect of Patent No. ......................................... dated .................... granted to ..................................................... . ..................................................................... and of which the patentee is ................................... ..................................................................... . . . . .. . .. .. ... . . . .. ... .... .. . . . . ... .. .. .. .. ... ' ...................... m the register of patents. Dated this ................... day of .................................. 20
2. To be signed by the a-pphcant(s) or by his authonsed registered patent agent. Signature . 2...... (-------------------------------------------------) .. J •.••••
3. Name of the natural person who has signed. To The Patent Office, At ..................................................... . Note: For fee see First Schedule.

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['111'10 ~3(ii)] IS7 FORM 17 (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 I. Insert the name, address and nationality of the apphcant(s). 2. A descnpt10n of the nature of the document, g1vmg the date and the ~s, address and nationality of the parties thereto. 3. Complete address mcludmg postal code and state along with Telephone and Telefacsitmle number(s). 4. To be signed by the applicant or his authorised registered patent agent VWe. t. .....................•.......•.......................•.....•.•.. .................................................................... hereby apply that my/our mune(s) may be registered m the register of patent as a person entttled to the patent/a share in the patent/an interest in the patent details of which are specified below: Patent No ......................... dated ........................ Grantee ........................................................ . Patentee ........................................................... . and m proof thereof we transmit the accompanying . 2•• ······················ .. ··•••···•··••••••··••·•••••••••·••••••••••••• , ..... with a certified copy thereof. OR Transmit herewith an attested copy of. 2. ••••••••••••••••••••••••••••••••••••••••••••••• ... ·············m respect of Patent No(s). • • • • • • .. , • •, ..................... , .. , , .. , .dated ........ ,........... granted to ....................................................... . ofwluch the patentee is .................................... as well as the original document for verification and I/We hereby apply that a notification thereof may be entered m the register of patents. My/Our address for servtce m India is . ).. Dated this .............. , .... day of .... ., ............................ 20 Signature . 4..... . 5. Name of the natural person (··--·-·-·············-·····--) .. ,..... who has signed. To The Controller ofPat.ents, The Patent Office, At ........................................... . Note: - (a) For fee: see First Schedule. (b) Strike out whichever is not applicable.

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158 TIIBGAZETIEOFINDIA:EXIRAORDINARY [PAP-Tll----&c 3(li)J FORM 18 (39 of 1970) APPLICATION FOR COMPULSORY LICENCE [ See sections 84(1). 91, 92(1 ); rules 47a~ 96 and also section 84 and 92 as m~dified by section 24C J L Name, address and nationality I/We . 1 .......................................................... of the applicant(s). ...................... , ............................................ . ····••••·•••••••••••••••••••••••••••••••••••••••••••••••••••••••• hereby apply foT the grant of a compulsory licence under Patent No ..........................................dated .............granted to ............................................. 2. Certified copies of the documents . .. .. . . .. . . . . . . .. . . .. . .. . . .. . .. .. . .. . for which the patentee is are to be enclosed in dupltcate. •····•••··••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ... on the following grounds, namely : ........................................................................ ......................................................................... ·····•····•····•••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 3. Complete address including postal code and state along with telephone I/We declare that the facts and matters stated herein are true • and facsimile numher(s). to the best of my/our knowledge, information and belief. Toe details of documentary evidence in support of mylolJI: interest and the grounds stated above are given below : 2.... (a) ........................................................... 4. To be signed by the applicant(s) or 00 ..................................................... _ by his authorised registered patent (c) ........................................................... . agent. My/Our address for service in India is:. 3....•....... ·········································-···················· ·················••··••••·•••••••••••••••••••••••••••••••••••••• ............................................................... Dated this ................... day of ....... ,.......................... 20 Signature. 4 ...... 5. Name of the natural person who has (------------------------------------------ ) .. '..... . signed. To The Patent Office, At ..................................................... . Note: For fee : see First Schedule. ·----------------------------------------------------------, ----------------------------------­

159 [ '>'WT II-~ 3(ii)J FORM 19 (39 of 1970) REQUEST FOR EXAMINATION OF APPLICATION FOR PATENT [ See section 11B; rule 24(1) J l. State the name, address and nationality. 2. Certified copies of the documents are to be enclosed in duplicate in case the request is filed by a person other than the apphcant. 3. Complete address includmg postal mdex number/code and state along with telephone, facsimile number(s) and e-mail address. 4. To be signed by the apphcant(s) or his authorised registered patent agent. I/We' hereby request that my/our/the application for patent No .....................filedon ............................... for the invention .................................................. . ... ,.............. shall be examined under sections 12 and 13 of the Act. INle hereby declare that I/we the applicant(s) for patent/person(s) interested for/about the above mentioned application for patent. As an evidence of my/our interest in the application for patent I/We hereby transmit the following documents: 2 (a) (b) (c) ................................................................. . My/our address for service in India is 3 Dated this ................... day of .................................. 20 5. Name of the natural person who has S• ' 1gnature . signed. (-----------------------------------­ To The Patent Office, ________________________________________At ·.av,............,,. ....,., .... ..,....,..,............................. ______ fote :- (a) For fee : see First Schedule. (b) Strike out whichever 1s not applicable

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160 nIBGAZETIEOFINDIA:EXTRAORDINARY jPARTil-&t. 3(1i)) FORM 20 (39ofl970) APPLICATION FOR REVOCATION OF A PATENT OR EXCLUSIVE MARKETING RIGHT f See section 85(1); rule 47 and 96, and also section 85(1) as modified by section 24C.J I. Name, address and natiooahty of the applicant(s). 2. State the nature of the applicant's l( interest, the facts on which he relies and the grounds on which the application is made. ,o: 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 facsimile number(s). 5. To be signed by the applicant(s) or by his authorised registered patent agent. vw, 1................................................................... hereby apply for revocation of Patent No.I Exclustv( Marketing Right No. .............................datec granted ...................... For which the patentee/applicant for paten IS .......•...•.......•...........••..•............ , •..•...•........•. for the following reason, namely: 2...............................................••...........•..••••••..... The details of documentary evidence in support of my/om interest ind the reasons stated above are given below : 3 ••• ••••••••••••• ••• (a) ....................... . (b) ·•••••••••••·••· .•••••••.••. ·•••••••••••••••• •••••••••••••• (,) ........ ········.... ···············.... ···················· I/We declare that the facts and matters stated herein are true tc the best of my/our knowledge, information and belief. My/Our address for service in India is 4•..........••..••.........••••...............•............................ Dated this .......... ,. ....... day of .................................. 20 6. Name of the natural person who has signed. Signature . s ..... . (------- ---) .. 6..... . To The Patent Office, At .............................................. Note : (a) For fee : see First Schedule. (b) Strike out whichever is not applicable

161 FORM 21 (39 of 1970) APPLICATION FOR REVISION OF TERMS AND CONDITIONS OF LICENCE [ See section 88(4); rnles 51 and 100 and also section 88(4) as modified by section 24C. ) I/We

1. Name, address and nattonahty of the 1.................................................................... . apphcant(s). hereby declare : (i) that Patent No........................................... dated .................was grant to .......................................... for which the patentee ts .. , ................................... . OR that Patent apphcation No...........................dated .................was filed by ........................................ on which Exclusive Marketing Rights No ....... ,........ ,..... dated ........................was granted. (11) that I/We amtare holdmg 11cence under the patent or Exclusive Marketmg &.ghts, granted by the Controller by an order dated ..................... (111) that the terms and condrtt.ons settled by the Controller have proved to be more onerous than ongmally expected and we are unable to work the mventl.on. ( 1v) that the crrcumstances m wlnch tins apphcatton ts made are set forth m the accompanying statement m duplicate.
2. To be signed by the applieant(s) or by his authonsed registered patent I/ We request the Controller to revtse the terms and agent. s rti:,~, conditmns ofthe licence.
3. Name of the natural person who has signed. ' Dated this ................... day of .................................. 20 Signature. 2.•.... (-------------------------------) •• 3 ...... To The Patent Office, ____________________________________At ................................, ..................... Note : (a) For fee : see Fust Schedule. (b) Stnke out whichever is not applicable.

162 nmGAZEJ'IEOFINDIA:BlCTRAORDINARY IPARTII-&c 300) FORM 22 TIIE PATENTS ACT, 1970 (39of1970) REQUEST FOR TERMINATION OF COMPULSORY LICENCE [ See sect10n 94; rule 102(1) and also section 94 as modified by section 24C J

1. Name. address and nahonahty of J/We '............................................................... . the apphcant(s). •••••••••••••••••••••••••••••••••••••·•·••••••·•••••· ···•••••••·••••••• hereby apply for the tenmnatlon of the compulsory bcence granted to ..............................................by the order of the Controller dated........................Wlder patent
2. Cerhfied copies of the documents No/E.M.R. No..................................... are to be enclosed m duplicate. dated.......................... granted to.............................. ............................ .. ... ............. ..........for which 1he patentee/applicant for patent 1s .-- .................. " ...................······......... ' ............ . I/we declare that I am/We are the patentee for the above mentioned patent/EMR holder on the apphcatton for patent No.......................
3. Complete address mcludmg postal I/we declare that I/we denve title/mterest m the patent/EMR. code and state a1ong wtth telephone J/we make the above mentioned request for temnnatlon on and facsmnle number(s). the followmg grounds, namely: .... . .. .. . . . . .. ... .... . . . .... .. ..................... ' .......... "' .... I/we declare that the facts and matters stated herem are true t.o the best ofmy/our knowledge, mfonna!Ion and behef. The detatls of documentary evidence m support ofmy/our mt.erest and the grounds stated above are given below: 2 (a) ................................................................ (b) ...................................................................... (c) ..................................................................... . My/our address for service m Indla ts • 3
4. To be signed by the apphcant(s) or .............................. ····································· .. by hts authonsed registered patent ! ............. ······................................................ . agent ' ..................... ,.. ' ...........·······......... ···---:~·,··.... . ......................................................... r. ...........

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163 [ 'll'l Il-...,,..3(ii) l 5. Name ofthenatt.rral person who has signed. Dated thts ................... day of ................................. 20 To The Patent Office, At ..................................................... . Note . (a) For fee. see Fust Schedule. (b) Stnke out wluchever ts not applicable FORM 23 (39 of 1970) APPLICATION FOR REGISTRATION OF PATENT AGENT [ See rules 109 and 111} I beg to apply for registration as a patent agent under the Patents Ac~ 1970 Certificate tesbfymg to the A certificate ofcharacter1 From... ,..................... character of the apphcant should be from a person not related to him· and being a Gazetted Officer or ......................... is enclosed herewith. any other Person whom the Controller thinks fit. I hereby declare that I am not subject to any of the dts-quahfications specified m rule 114 ofthe Patents Rules 1972 and that the infonnation given below ts true to the best ofmy knowledge and behef.

164 TilEGAZETIBOFINDIA·EXJ'RAORDINARY [P,ucr Il-&c. 3(ii)) 2. Family or principal name in the beginning. 3. Either ongmal certificates and other documents or copies thereof duly attested by the Gazetted Officer or any other person whom the Controller tlunks fit must be sent with the appbcatton. 4. To be signed by the apphcant. 5. Name or the natural person who lias signed. 1. Name:2 ............................................... 2. Address/place of residence: ...................... . 3. Principal p]ace ofbusmess: ............... ,...... 4. Address ofthe branch office if any: ································•··················-······ ··································••······················· 5. Father'snmne: ....................................... 6. Nationahty: ......................................... 7. Date and"jllilce ofbrrth: ............................. 8. Occupation: ......................................... . 9. Parttculars ofqualificabon for registration as patent agent.3 I (a) ..................................................... . 00 ................. . 00 ····················•································ Dated this ............ day of ..................../20 ....... Signature•.......................... . ( ·---------------------------------- )' To The Controller of Patents The Patent Office at ..................... .. Note: For fee : see First Schedule

165 [""1 rr-~3(ii)J 'fl«[ <fil l]i!(,;r,f : ~ FORM24 (39 of1970) APPLICATION FOR THE RESTORATION OF THE NAME IN THE REGISTER OF PATENT AGENTS [See section 130 (2); rule 117} L .......................................................... . hereby apply for the restorabon of my name to the register of patent agent which was removed on ................ wder section 130 of the Act. My name was originally entered in the register on ...............................underNo .................. Dated this ....................... day of ...........................20 ....... S• ' 1. To be signed by the applicant. 1gnature ...... ""' .................. . 2. Name of the natural person who has ( ·---------------------------------------- )' signed. To The Controller ofPatents The Patent Office at ....................... Note: For fee: see First Schedule.

166 TilB GAZB'nEOFINDIA :EXIRAORDINARY [PARTII-Ssc. J(il)] FORM25 (39 of1970) APPLICATION FOR REVIEW/SETIING ASIDE CONTROLLER'S DECISION/ORDER [See tedwns 77(1)(/) and 77(1)(g) and rllles 130(1) and 130(2)1 I. State the number of patent or fu the matter of' ........................................ patent application number and the relevant proceeding. 2. Name, address and nationality of "I/We2 ...................................................... the applicant(s). being the applicant(s)/opponent/party in the above matter hereby apply for the review/setting aside of the Controller's decisiou/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 authorised registered 1gnature' ........................... S• patent agent. 4. Name of the natural person who (---------------­ has signed. To The Controller ofPatents The Patent Office at ....................... Note: For fee: See First Schedule.

[ST'Tll--3(ii)] 'lmf cfif ~ ; ~ 167 FORM26 (39 of 1970) FORM OF AUTHORISATION OF A PATENT AGENT/OR ANY PERSON IN A MATTER OR PROCEEDING UNDER THE ACT [See sections 127 and 132; rule 135} I. Insert name, address I/We 1 and nationality. 2. Insert the name, hereby authorise2 ......................................... address and nationality of the person(s) to be authorized. to act on my/our behalf in connection witli3 3. State the particular matter or proceeding for which the authorisation is made. and request that all notices, requisitions and communication relating thereto may be sent to such person at the above address unless otherwise specified. 1/We hereby revoke aU 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 ............ 4. To be signed by the person(s) making this Signature4 .......................... . authorisation. 5. Name of the natural person who has signed (------------------------------·---· ---l' along with designation and official seal, if any. To The Controller of Patents The Patent Office at ..................... .. To be stamped under the Indian Stamp Act, 1899 (2 of 1899). 1253 Gl/03--23

168 TIIE GAZEITEOF INDIA EXIRAORDINARY (PARTli-SEC. 3(il)j FORM27 (39 of 1970) APPLICATION FOR GRANT OF EXCLUSIVE MARKETING RIGHTS UNDER SECTION 24B (To be made in triplicate) [See section 24A and rule 40) 1. Repeat the columns 1. I/We1 (a) to (c) if there are (a)' ........................................................... . more than one apphcant. (b)' (c)' ........................................................... . 2. Insert the name in (a)' ........................................................... . fu11. The family or principal name in the (b)' ........................................................... . beginning if the (c)' ........................................................... . applicant is a natural person. (a)' ........................................................... . (b)' ........................................................... . (c)' .........................................................: .. 3. Insert the complete 2. h~y declare address including (a) that I am/we are in possession of an invention titled postal' index number/code and ' State and/or coWitry. 4. Insert the nationality. 5. Insert title of the (b) that an application for protection of an invention has invention. been made in India on the following official date with application number, namely: 6. Insert application No.6 .......................................................... number of the invention. 0n 7 ....................................................... . 7. Insert official date of (c) that I/We had made an application(s) for the protection application made in for an identical invention/inventions in the convention India. country/countries and patent/patents has/have been granted for same invention/inventions, and patent number/numbers with official date/dates are as follows: 8. Insert patent hw ..................... ········ number/numbers of No. 8 ••••••••••••••••••••••••••••••••••••••••••••.•••••••••••• convention country/countries m

which has/have granted. patent(s) been Insert the official date ofpatent(s) granted. 10. Insert name of the convention country/countries. 11. Insert official date/dates of marketing approval on the basis of appropriate tests. 12. Name and address of the competent authority. 13. Insert the name of the product. 14. Insert approval number/numbers obtained from Government of India. 15. Insert official date/dates of approval of Government of India. 16. Original or certified copies of a11 the documents should be furnished. 'tr{« cfil ~ : ~ Dated 9 •••.••••••••••••••••••••••••••••••••••••••••••••••••••• OR (d) that I/We had made an application for protection of a process patent in India having patent application number .......................... and a patent thereon has been granted in India and an application for a patent for a product obtained by that process has been made in India under rule 39 vide - No. 6 ........................................................ . Dated7 ......... , ........................................... .. (e) that J/We have been granted marketing approval for the product of the mvention in convention country/ cowitries on the basis of appropriate tests conducted on or after0l.01.1995. In.10 ...................................... . 0n II ....... , ............ , ................................... . ~•• ............................. . (f) that I/We have obtained apprnvrl fc,r m~rketing of the said product from appropriate authority in InJia For 11 ....................................... . No. 14 ••••••••••••••••••••••••••••••••••••••• 0n II .......................... , ............................ . ~·· • .. • ·- (g) that I/we believe that I am/we are entitled to a exclusive marketing right for the said product havmg regards to the provisions therefor in the law for the time being in force. 3. I/We request 'fhat I/we may be granted an exclusive marketing right for the said product. In support of my/our request I/we hereby furnish the following documents: 16 (a) .......................................... . (b) .... ············· ... ·········· .... . (c) ......................... . 169

no TIIEGAZETIEOFINDIA:EXIRAORDINARY (PART II~. 3(li)! 17. To be signed by applicant(s) or by an authorized Patent Agent. 18. Name of the natural 4. I/We request that all notices requisition and person who has signed. -communications relating to this application may be sent to: Dated this ................ day of .......................20 ....... S• ................................. 1gnature" (-------------------------------------)' ' To The Controller ofPatents The Patent Office at ....................... Note: (a) Strike out whichever is not applicable. (b) For fee: see First Schedule. FORM28 (39 of 1970) FORM FuR l HE GRANT OF EXCLUSIVE MARKETING RIGHTS [See rule 46] No... .......» ......... ._.of .." .................................... 20 Whereas .. .. . . . . . . . . . . . . . . . . .. .. . .. . . . . . . . . . . . . . . . . . .. has declared that he/she is in possession of an invention for ............................ and that he/she is a true and first inventor thereof (or the legal representative or assignee of the true and first inventor) and that he/she has made an applicanon (No ................................. dated ..........................) for grant of patent thereof; And whereas he/she has, by an application dated .......................... requested that an exclusive marketing nght to sell or distribute m India may be granted to him/her for his arucle or substance Now, therefore the said apphcant is hereby granted, subject to the provisions of the law for the time being enforce, the exclusive right to sell or distribute the said article/substance m India by himself/herself, his agents or lus/her licensees. The exclusive nght above said shall stand terminated at the end of five years from the date of grant of exclusive marketing right, in India or on the date of rejection of application for the grant of patent, whichever is earlier. In witnes; thereof, the Controller has caused this exclusive marketing rights to sell or distnbute the above mentioned article/substance granted as of the .......... , .. day of ...............20 Controller of Patents (Seal)

[~II ~3(ii)] 171 .. FORM29 (39 of 1970) No Fee STATEMENT REGARDING THE WORKING OF THE PATENTED INVENTION ON 1. Insert name, address and nationality. 2. State the year to which the statement relates 3. Give whatever details are available. COMMERCIAL SCALE IN INDIA [&eSectionl46(2)and rulei31(1)] In the matter of Patent No ....................of.................... I/Wel ............................................................... ······················· ....................................... . ······················· .................... , .................. . 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] if not worked: reasons for not working and steps being taken for working ofthe invention. Jfworked: quantum and value (in Rupees), of the patented product: manufactured m India imported from other COuntries. (give country wise details) (ii) the licences and sub•licences granted during the year; (iii) state whether public requirement has been met partly/adequately/to the fullest extent at reasonable piice. 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 person(s) givmg the statement. Signature4 .......................... . To The Controller of Patents The Patent Office at ....................... Note: (a) Strike out whichever is not applicable.

THEGAZEITEOFINDIA:EXIRAORDINARY [PART II-SEC. 3(ii)] FORM30 (39 of 1970) No Fee RE:QUEST FOR PERMISSION FOR MAKING PATENT APPLICATION OUTSIDE INDIA [see section 39 and rule 71] 1. State the tittle of the I am/We are in possession of an invention for1 ................. . invention. I/We have made an application for the grant of a patent for the said invention, its number being No ..............of ...........Dated..... ,..... . OR Vwe hereby attach the brief description of the invention. 2. Name and address of the person (s) I/We intend to make application (s) alone/jomtly with ' for the same/substantially same invention for patent in the following country/countries/convention countries, namely:­ 3. Name and address of the assignee I/We declare that the rights in the application (s) has/have been assigned to 3 .__________________ J/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 apphcat1on, 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 1gnature .......................... . S• ' authorised patent agent. To The Controiler of Patents The Patent Office at ..................... .. Note: (a) Strike out whichever is not applicable.

173 [~II ~3(ii)] THE THIRD SCHEDULE FORM OF PATENT [See rule 74] GOVERNMENT OF INDIA THE PATENT OFFICE No ...............................of ..........................20................. Whereas .................................has doolared that he is in possession of an invention for . . . . . . . . . . . . . . . . . .. . . . . .. . . . .. . .. and that he is the ,...................................true and first inventor thereof(or the legal representative or assignee of the true and the first inventor) and that he is entttled to a patent for the said invention, having regard to the provisions of the Patents Act, 1970, as amended and that there ts no objection to the grant ofa patent to him; And whereas he has, by an application, requested that a patent may be granted to him for the satd invention; And whereas he has by and in his complete specification particularly described the said invention and the manner in which the same is to be performed; Now, these presents that the above-said applicant (including his legal representatives and assignees or any of them) shall, subject to the provisions ofthe Patents Act, 1970, as amended and the conditions specified in section 47 of the said Act, and to the conditions and provisions specified by any other law for the time being in force, have the exclusive right to prevent third parties from making, using, offering for sale, selling or importing patented product in India/using the process in India and offering for sale, selling or importing for those purposes the product obtained directly by that process in India, for a term of twenty years from the .....................day of .................20................and of authorizing any other person to do so, subject to the conditions that the validity of this patent is not guaranteed and that the fee prescnbed for the continuance of this patent are duly paid. ln witness thereof, the Controller has caused this patent to be sealed as of the ...... -~· ...... w .............. . ControUer of Patents, Date of Sealing............................. . Note: The fees for renewal ofthis patent, ifit is to be maintained, will fall due on .............. day of ........................20........... and on the same day in every year thereafter.

174 TilEGAZETIEOFINDIA:EXTRAORDINARY (PART Il--SE.c. 3(ii)} THE FOURTH SCHEDULE µ;; ee nroviso to role 136 (])/ ' Number of Matter in respect ofwhich Amount ortees (in RuneesJ entry cost is to be awarded For For other than natural person(s) naturalperson(s) either alone or jointly with natural oerson(s) I 2 3 4 J, '. For notice ofopposthon: (a) under sections 25, 57, 61, 63, 78, 87(2) or 88(4); and (b) under sections 87(2), 88(4) as modified by section 24C. 2, For application for compulsory licence: (a) under sections 84(1), 91(1) or 92(1); and (b) under sections 84{1) and 92(1) as modified by section 24C. 3. For application for revision of terms and conditions oflicence: (a) under section 88(4) and (b) under section 88(4) as modified by section 24C 4. For notice of intention to attend the hearing 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 ofrelevant affidavits. 6. For written statement under rule 57 or reply statement under rule 58 or for each affidavit, it relevant. 7. For each document or publication produced in the proceedings, 1f relevant. 8. For each unnecessary or irrelevant affidavit or citation. 9. For every day or part day of hearing before the Controller. 1,500 10,000 1,500 25,000 1,500 10,000 1,500 The amount actually paid 2,500 1,000 1,000 2,500 5,000 30,000 5,000 75,000 5,000 30,000 5,000 The amount actually paid 2,500 1,000 1,000 2,500 Note: Strike out whichever is not applicable. [No. 14/612002-PP&C] A E, AHMAD, Jt. Secy. Printed by the M!lllager, Govt. of India Prel!S, Ril!g RDad. Mayapuri. New Ddhi-110064 lllld Published by the Controller of Publications, Delhl-ll0054.