Indian Patents Act – 1970 – The Laymen’s Language – Page 21

Rule 19M – Transmittal of the International Preliminary Examination Report:

A copy of the International Search Report shall be transmitted within one month to the International Bureau and the applicant on the same day.

Rule 19N – Conditions for and Extend of Refund

As per the agreement between the International Bureau and the Indian Patent Office; the fee paid may be refunded, waived or reduced to an extent as per the provisions and regulations of the Treaty.

Rule 20 – International Applications Designating or Designating and Electing India

An International Patent Application (PCT) shall be filed using Form 1. Patent Office shall not start processing such international applications designating India before the expiration of the time limit prescribed (31 Months). Before the time limit the applicant shall, pay the national fee and other fees to the Patent Office under these rules and regulations…

Rule 21 – Filing of Priority Document

Upon any international application designating India, if the applicant has not complied with the requirements under the regulations of the Treaty; according to the rule, he shall file with the patent office the priority document(s) (if not in English, shall translate and duly verify it) as per that rule before expiration of 31 months. If…

Rule 22 – Effect of non-compliance with certain requirements

If the regulations as per rule 20 are not complied with, the application shall be considered to be withdrawn.

Rule 23 – The Requirements under this Chapter to be supplemental of the Regulations, etc., under the Treaty.

If there is a conflict between the provisions of the Patent Rules, the provisions, regulations and administrative instructions of the Treaty shall apply in relation of the international applications.

Rule 24 – Publication of Application

All patent applications shall be made open for the public only after 18 months within one month from then. (Publication in the Official Journal of the Patent Office)

Rule 24A – Request for Publication

Early publication request shall be made by Form 9 as per section 11A (2).

Rule 24B – Examination of Application

Request for Examination under section 11B shall be made in Form 18 within 48 months from date of filing. If priority date is applicable in any manner through provisional filing or other means, then the 48 months shall be counted from the date of priority. If Secrecy Directions were imposed on a patent application; request…

Rule 24C – Expedited Examination of Applications.

Expedited examination shall be filed using Form 18A within the time only if, India has been indicated as the Competent International Searching Authority or elected as International Preliminary Examining Authority for the application. the applicant is a startup. An ordinary request for examination filed earlier shall be converted into an expedited examination request upon payment…

Category: Indian Patents Act – 1970 – The Laymen’s Language