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The Patent Rules

BananaIP Counsels > The Patent Rules

The Patent Rules, 2003

(As last amended in 2017)

S.O.493(E).-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 1 – Preliminary

Chapter 2 – Application for Patents

Chapter 3 – International Applications under Patent Cooperation Treaty (PCT)

Chapter 4 – Publication and Examination of Applications

Chapter 5 – Exclusive Marketing Rights (Omitted)

Chapter 6 – Opposition Proceedings to Grant of Patents

Chapter 7 – Secrecy Directions

Chapter 8 – Grant of Patents

Chapter 9 – Amendment of Application, Specification or any Document Relating Thereto

Chapter 10 – Restoration of Patents

Chapter 11 – Surrender of Patents

Chapter 12 – Register of Patents

Chapter 13 – Compulsory Licence and Revocation of Patent

Chapter 14 – Scientific Advisers

Chapter 15 – Patent Agents

Chapter 16 – Miscellaneous