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THE PATENTS RULES, 2003

[As amended by the Patents (2nd Amendment) Rules, 2020]

CHAPTER 11 – SURRENDER OF PATENTS

87.Surrender of Patents.—

(1) The Controller shall publish the notice of an offer given under section 63.
(2)Any person interested may, within three months from the date of publication of the notice, give notice of opposition to the Controller in Form 14 in duplicate.
(3)The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 63 as they apply to the hearing in opposition proceeding.
(4)If the Controller accepts the patentee’s offer to surrender the patent, he may direct the patentee to return the patent, and on receipt of such patent, the Controller shall by order revoke it and publish the revocation of the patent.

89.[Omitted by Patents (Amendment) Rules, 2005]

90.Registration of title and interest in patents.—

(1) An application referred to in sub-section (1) or sub-section (2) of section 69 shall be made in Form 16.
(2) An application for an entry in the register of patents of any other document purporting to affect the proprietorship of the patent by the person benefiting under the document shall be made in Form 16.

91.Presentation of assignment, etc., of patent to Controller.—

Every assignment and every other document giving effect to or being evidence of the transfer of a patent or affecting the proprietorship thereof or creating an interest therein as claimed in such application, shall, unless the Controller otherwise directs, be presented to him together with the application which shall be accompanied by two copies of the assignment or other document certified to be true copies by the applicant or his agent and the Controller may call for such other proof of title or written consent as he may require.

92.Registration of title or interest in a patent.—

After the receipt of an application under subsection (1) or sub-section (2) of section 69, the Controller shall register the title of the person concerned or his interest in a patent, as the case may be, and an entry in the following form shall be made in the register, namely:—
“In pursuance of an application received on the ……………. .
Proprietor…………………………. Assignment ……………. registered as…………………….
licencee ………………… by virtue of ……………. licence …… Mortgagee etc. ……
……Mortgage deed etc……………………………..dated …………….and made between
…………………………… of the one part and of the other part.”

93. Entry of Renewal fee. —

Upon receipt of the payment of the prescribed renewal fee in respect of a patent, the Controller shall enter in the register of patents the fact that the fee has been paid and the date of payment of such fee and issue a certificate of renewal of the patent.

94.Alteration of address.—

(1) A patentee may make a request in writing along with fee payable to the Controller for the alteration of his name, nationality, address or address for service as entered in the register of patents in respect of any patent granted to him. The Controller may require such proof of the alteration as he may think fit before acting on a request to alter the name or nationality.
(2)If the Controller allows a request made under sub-rule (1), he shall cause the entries in the register to be altered accordingly.
(3)If a patentee makes a request in writing along with fee payable for entering an additional address for service in India and if the Controller is satisfied that the request should be allowed, he shall have the additional address for service entered in the register.

95.Inspection of register of patents under section 72 and fees payable therefor.—

(1) The register of patents shall be open for public inspection during office hours on payment of the fees specified therefor in the First Schedule.
(2) When register of patents or any part thereof is in computer floppies, diskettes or any other electronic form the person authorised by the Controller under sub-rule (3) of rule 88 shall provide access to the computer floppies, diskettes or other electronic form or printouts of the records thereof.