This section discusses on the rules to be followed over an application for patent.
The grant of any patent of addition shall not be refused or revoked (cancelled) after grant just because it does not have any inventive step compared to the main invention or by the aspect that if the improvements provided are ought to be a new invention / independent invention in any manner. The previous invention’s…
Corresponding forms as prescribed shall be used and submitted for any case as required. If no form for a case is available, Form 30 (To be used when no other form is prescribed) shall be used.
All documents and copies of documents, except affidavits and drawings shall be filed with the patent office shall be; either typewritten or printed in English or Hindi (unless directed and allowed for use of other languages by the Controller) on only one side of a paper; with words of minimum 0.28 cm height and 1.5…
Section 7 (2): Practical Situation. When a patent application is filed through assignment of right to file an application for patent for an invention. (In most cases; in many Companies or Institutions or R&D entities with employees working in it any inventions made shall be owned by the Company and filed for patent by the…
Any patent application filed in a year shall follow a series beginning with the year of filing. For international applications filed designating India, the series shall be distinct, however the application number shall begin with the year of filing only.
Statement and undertaking regarding foreign applications required to be filed by an applicant under sub-section (1) of Section 8 shall be made in Form 3. Such statement and undertaking should be submitted within 6 months from the date of filing a patent application. In case of an international application in which India is designated six…
All Provisional or Complete Specifications shall be made in Form 2. If a divisional patent application is filed under section 16 (Power of Controller to make orders respecting division of applications), the specification shall contain specific reference to the application number of the original application in which a division is sought. If a patent of…
When amendments (changes) to a provisional or complete specification including the drawings are made, such pages incorporating the amendments (changes) shall be retyped and submitted to the patent office forming a continuous document. Another document with markings made on it identifying the amendments carried out and a statement that clearly indicates (page number and line number)…
Drawings furnished by the applicants for a complete specification (except when not made upon the request of the Controller) shall carry the notations of the specifications to which they relate. Drawings that explains the specification shall be made separate and no drawings shall be contained within the specification. Margins and paper shall be the same…
Models or samples or prototypes shall be furnished to the Controller only when required by him. Prototypes are not mandatory for filing patents.