THE PATENTS RULES, 2003

Whereas certain draft rules were published in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) vide notification of the Government of India in Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide Number S.O. 1018(E) dated the 20th September, 2002, in Part II, Section 3, Sub-section (ii) of the Gazette of India, (Extraordinary) dated 20th September, 2002 for inviting objections and suggestions from persons likely to be affected thereby before expiry of a period of thirty days from the date on which copies of the Gazette containing the Notification were made available to the public;

AND WHEREAS the copies of the Gazette containing the said Notification were made available to the public on 3rd October, 2002.

AND WHEREAS objections and suggestions received from the public on the said draft rules have been considered by the Central Government;

Now, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) and in supersession of the Patents Rules, 1972 published in the Gazette of India, vide S.O. 301 (E) dated 20th April, 1972 in Part II, Section 3, Sub-section (ii), except as respect things done or omitted to be done before such supersession, Central Government hereby makes the following rules, namely:

 

CHAPTER I - PRELIMINARY

CHAPTER II - APPLICATION FOR PATENTS

CHAPTER III - INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY (PCT)

CHAPTER IV - PUBLICATION AND EXAMINATION OF APPLICATIONS

CHAPTER V - EXCLUSIVE MARKETING RIGHTS

CHAPTER VI - OPPOSITION TO GRANT OF PATENTS

CHAPTER VII - SECRECY DIRECTIONS

CHAPTER VIII - SEALING OF PATENTS

CHAPTER IX - AMENDMENT OF APPLICATION, SPECIFICATION OR ANY DOCUMENT RELATING THERETO

CHAPTER X - RESTORATION OF PATENTS

CHAPTER XI - SURRENDER OF PATENTS

CHAPTER XII - REGISTER OF PATENTS

CHAPTER XIII - COMPULSORY LICENCE AND REVOCATION OF PATENT

CHAPTER XIV - SCIENTIFIC ADVISERS

CHAPTER XV - PATENT AGENTS

CHAPTER XVI - MISCELLANEOUS

THE FIRST SCHEDULE -Fees

THE SECOND SCHEDULE -Forms

THE THIRD SCHEDULE - Form of Patent

THE FOURTH SCHEDULE