Rule 1 – Short Title and Commencement
These rules may be called The Patent Rules, 2003. They shall come into force on the date on which the Patents (Amendment) Act, 2002 comes into force.
This section discusses section by section of the Indian Patents Act, 1970 in detail in the laymen’s language for easy understanding purposes.
This blog shall not considered a study material or a law book for Indian Patents Act. It is just a brief for understanding purposes about the act and its sections in normal English.
These rules may be called The Patent Rules, 2003. They shall come into force on the date on which the Patents (Amendment) Act, 2002 comes into force.
For all proceedings under this act, the appropriate office of the patent office, be the head office or the branch office shall be Within the territorial limits of any person, who is / are; the applicant / first applicant of a patent, where he normally resides or has his domicile or has the place for…
Any application, notice or other documents authorised or required to be given to the patent office or the Controller or any person in the Patent Office under this act shall be given either in hand or sent by a letter addressed to the Controller or the person of the appropriate office through post or speed…
10% additional fee for physical filing as a hard copy. For small entities Form 28 shall be submitted accompanying all documents submitted to the Patent Office. Fee shall be either paid as cash or electronic mode or also as a DD or Cheque payable to the Controller of Patents drawn in a scheduled bank where…
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…