Patent ( Amendment ) Rules, 2013

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 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 the 17th January, 2013; AND WHEREAS, no objection or suggestion has been received from the public on the said draft rules, by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely:- (1) These rules may be called the Patents (Amendment) Rules, 2013. 2. 1. (2) They shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. In the Patents Rules, 2003 (hereinafter referred to as the said rules), in rule 4, in sub-rule (2), the following sub-rules shall be inserted, namely: - "(3) Notwithstanding anything contained in sub-rule (2), the Controller may transfer an application for patent so filed, to head office or, as the case may be, branch office of the Patent Office. (4) Notwithstanding anything contained in sub-rule (1), further ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r identification." In rule 17 of the said rules, after clause (a), the following clauses shall be inserted, namely:- "(aa) "Examining Authority" means the Indian International Preliminary Examining Authority referred to in sub-rule (1) of rule 19F; (ab) "International Bureau" means the International Bureau of World Intellectual Property Organisation; (ac) "Searching Authority" means the Indian International Searching Authority referred to in sub-rule (1) of rule 19A;' For rule 18 of the said rules, the following rule shall be substituted, namely: – 5. - "18. Appropriate office in relation to international applications. -(1) The receiving office, the designated office and the elected office, as the case may be, for the purposes of international applications shall be the appropriate office referred to in rule 4. (2) Notwithstanding anything contained in sub-rule (1), the Patent Office, Delhi branch shall be the appropriate office for dealing with the International Bureau and any other International Searching Authority and International Preliminary Examining Authority. (3) An international application shall be filed at and processed by the appropriate office, ref....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tional applications, or, as the case may be, declare in accordance with sub-rule (3) of rule 19B, in cases where India has been indicated as a competent International Searching Authority. 19 B. International search report.- (1) The Searching Authority shall, on receipt of the search copy, notify the. International Bureau and the applicant about the receipt of search copy with identification mark 'ISA/IN' along with the international application number and its serial number and the date of receipt of the search copy. (2) Notwithstanding anything contained in the proviso to item (i) of sub-rule (2) of rule 24B, the Searching Authority shall, upon receipt of the search copy, refer the international application, in the order in which the search copy was received, to an examiner or any other officer appointed under sub-section (2) of Section 73 of the Act for preparing an international search report, in accordance with the provisions contained in the Treaty and the regulations under the Treaty, ordinarily within a period of one month but not exceeding two months from the date of such reference. (3) The Searching Authority, if it considers that- (a) the international applicat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ferred to in sub-rule (7) shall be carried out by a Review Committee constituted by the Controller. (9) The Review Committee constituted under sub-rule (8) shall examine the extent to which the protest is justified and shall accordingly order for the total or partial reimbursement of the additional fee to the applicant. (10) Where the applicant has not paid the fees for the protest in accordance with clause (b) of sub-rule (5), the protest shall be considered not to have been made and the Searching Authority shall so declare. (11) The protest fee shall be refunded to the applicant where the Review Committee referred to in sub-rule (8) finds that the protest was entirely justified. (12) Where the international application contains the disclosure of one or more nucleotide or amino acid sequences and the sequences are not furnished in computer-readable text format, the Searching Authority shall send a notice to the applicant to submit the sequence listing in computer-readable text format and pay the late furnishing fee specified in the Fifth Schedule, within a period of one month from the date of such notice and if the applicant fails to comply with the notice, the Searchi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....11 Period for making a demand. - (1) The demand for international preliminary examination shall be made within the period specified in the Treaty or regulations under the Treaty. (2) In case the demand is made after the expiry of the period specified in sub-rule (1), it shall be considered to have not been made and no International Preliminary Examination Report shall be prepared. 19H. Fees payable to Examining Authority. -The fees payable to the Examining Authority shall, in addition to the fees specified in the regulations under the Treaty, be the fees specified in the Fifth Schedule. 191. Manner of making a demand.-A demand, shall be made in accordance with the provisions contained in these rules, the Treaty and the regulations under the Treaty. 19J. Processing of demands for international preliminary examination.- (1) The Examining Authority, on receipt of the demand for international preliminary examination, if the Examining Authority is competent to conduct an international preliminary examination, shall assign the identification mark 'IPEA/IN' and shall notify the Applicant and the International Bureau. (2) In case where the Examining Authority is not compet....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....: (a) specifying at least one possibility of restriction which, in the opinion of the Examining Authority, would be in compliance with the applicable requirement; 1645 GI/13-4 12 i THE GAZETTE OF INDIA: EXTRAORDINARY [PART II -SEC. 3(ii)] (b) specifying the reasons for which the international application is not considered as complying with the requirement of unity of invention, (c) inviting the applicant to comply with the invitation within one month from the date of such notice; (d) indicating the amount of the required additional fees to be paid in case the applicant so chooses; and (c) inviting the applicant to pay, the protest fee within one month from the date of such notice, and indicate the amount to be paid, as specified in the Fifth Schedule. (6) Any applicant may pay the additional fees under protest, that is, accompanied by a reasoned statement to the effect that the international application complies with the requirement of unity of invention or that the amount of the required additional fees is excessive. (7) The examination of the protest referred to in sub-rule (5) shall be carried out by a Review Committee constituted by the Controller. (8) The R....