Category: Indian Patent Rules, 2003 and Amendments

The patent rules 2003 were framed and published in order to clearly define and exercise the powers conferred to the Central Government through Section 159 (Powers of Central Government to make Rules) of the Indian Patents Act, 1970. 

Patent Rules, 2003 was published in the Gazette of India on 20th Sept., 2002 and it is a super-session of the Patent Rules, 1972 published in the Gazette of India. Those under this category of our blog will make the rules laid so clear for you understanding.

After publication of the same; several amendments were made to the same until 2017 and shall be subject to further amendments too. Readers are advised to take reference with the recent rules whenever you go through this blog for updates.

Rule 27 – Inspection and Supply of Published Documents.

After publication of an application, any person interested may inspect and obtain copies of the documents of the patent application such as the complete specification (along with provisional specification also), claims, drawings etc., upon payment of the respective fees in the appropriate office.

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Rule 28 – Procedure in case of anticipation by prior publication

If the Controller is convinced that any claim in a Complete specification has been published in any other documents or specifications before filing of the patent application for the invention, the Controller shall communicate the same with objections to the applicant and allow the applicant a chance to amend the specification, If the applicant contests…

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Rule 29 – Procedure in case of anticipation by prior claiming.

In case of any anticipation by a claim of other patent; the applicant shall be informed of the same and provided an opportunity to be heard. Though an applicant’s specification is in order for grant, if there is any objection pending that remains unattended by any person upon cases when anticipation was published on or after the…

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Rule 30 – Amendment of the Complete Specification in case of anticipation.

If the applicant fails to remove or clarify the objections informed, when the anticipation was made on the same day or later as to the filing of the patent application; the Controller shall fix a date for hearing and keep the applicant informed on about the same schedule, 10 days in prior and the applicant shall…

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Rule 31 – Form of Reference to another Specification

When the Controller makes a reference directing to other specifications. He shall direct that reference to it shall be inserted to the applicant’s Complete Specification after the claims in the format as below: “Reference has been directed, in pursuance of section 18(2) of Patents Act, 1970 to the Specification filed in puruance of Application No.:______”

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Rule 32 – Procedure in case of potential infringement

If the Controller is convinced after the investigation made under section 13, that the invention shall not be performed without infringing the claims of another patent; then the Controller shall make a notice / information of objection to the applicant and the procedure as per rule 29 shall be followed.

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Rule 33 – Form of reference to another Patent

When the Controller directs for reference of other patents to be inserted in the specification, it shall inserted to the specification after the claims in the following form, namely:-   “Reference has been directed, in pursuance of section 19(1) of the Patents Act, 1970, to Patent No.:___________”

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