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 business or the place from where the invention actually originated; or
- the applicant for a patent or party in a proceeding, where 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
- Once decided in respect of any proceedings the appropriate office shall not ordinarily be changed.
- The Controller has the right to transfer any application for patent filed at any patent offices to any branch offices or head office as per the situation.
- Any further applications for divisional patents (section 16) with respect to a patent application shall be filed only in the respective office where its patent application was filed.
- Any further applications for divisional patents (section 16) filed at any other patent offices before Patents (Amendment) Rules, 2013 shall be transferred to the appropriate office of the first patent application or the parent application.
- Every person concerned in any proceedings under this act shall furnish to the Controller an address for service, including a postal address in India and an email address. Such address shall be treated as the address for service in for all purposes of the proceedings. Unless such an address for service is given, the Controller shall hold no obligation either to proceed or deal with any proceeding or patent or execute any tasks such as sending notices that may be required. In such conditions the Controller may take any decision on his own in the matter concerned.
- The patent agent shall also furnish a mobile number registered in India to the Controller.