The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely :-
(i) The form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office;
1*[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8;
(ib) The period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10;
(ic) The period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under sub¬section (2) of section 11A;
(id) The manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B;
(ie) The manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B]
(ii) The time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be2*[published] under this Act;
(iii) The fees which may be payable under this Act and the manner3*[and time] of payment of such fees;
(iv) The matters in respect of which the examiner may make report to the Controller;
(v) 4*[The manner in which and the period within which the Controller shall consider and dispose off a representation under sub-section (1) of section 25;
(va) The period within which the Controller is required to dispose off an application under section 39]
(vi) The form and manner in which and the time within which any notice may be given under this Act;
(vii) The provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased;
(viii) The establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices;
(ix) The maintenance of the register of patents3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein;
(x) The matters in respect of which the Controller shall have powers of a civil court;
(xi) The time when and the manner in which the register and any other document open to inspection may be inspected under this Act;
(xii) The qualifications of, and the preparation of a roll of, scientic advisers for the purpose of section 115;
3*[(xiia) The salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub-section (2) and the manner in which the officers and other employees of the Appellate Board shall discharge their functions under sub-section (3) of section 117;
(xiib) The form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 117A;
(xiic) The form in which, and the particulars to be included in, the application to the Appellate Board under sub-section (1) of section 117D;]
(xiii) The manner in which any compensation for acquisition by Government of an invention may be paid;
(xiv) The manner in which the register of patent agents may be maintained3[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section]; the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct;
(xv) The regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents;
(xvi) Any other matter which has to be or may be prescribed.
(3) The power to make rules under this section shall be subject to condition of the rules being made after previous publication.
5*[Provided that the Central Government may, if it is satisfied that circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance]
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or1*[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Section 161 Omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under:
"161. Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911.-
(1) Where, as a result of action taken by the Controller under section 12 of the Atomic Energy Act, 1948 (29 of 1948), or under section 20 of the Atomic Energy Act, 1962 (33 or 1962), an application for a patent made before the commencement of this Act could not be accepted within the time specified for the purpose in the Indian Patents and Designs Act, 1911 (2 of 1911) thereafter in this section referred to as the repealed Act), and, consequently, was deemed to have been refused by reason of sub-section (4) of section 5 of the repealed Act, the application may, if the applicant or, if he is dead his legal representative makes a request in that behalf to the Controller in the prescribed manner within three months from the commencement of this Act, be revived and shall be disposed of as if it were an application pending at the commencement of this Act to which the provisions of this Act apply by reason of sub-section (3) of section 162.
(2) The Controller may, before proceeding to act upon any such request as is referred to in sub-section (1), refer the matter to the Central Government for directions as to whether the invention is one relating to atomic energy and shall act in conformity with the directions issued by it.
(3) Where in pursuance of any such application as is referred to in sub-section (1) a patent is granted, the rights of the patentee shall be subject to such conditions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention before the date of advertisement of the acceptance of the complete specification.
(4) A patent granted in pursuance of any such application as is referred to in subsection (1) shall be dated as of the date on which the request for reviving such application was made under sub-section (1)."
(1) The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule.
(4) The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897 (10 of 1987), with respect to repeals.
(5) Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed.
1. Sub-section(2) and (3) omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under:
"(2) Notwithstanding the repeal of the Indian Patents and Design Act, 1911, in so far as it relates to patents-
(a) The provisions of section 21A of that Act and of any rules made thereunder shall continue to apply in relation to any patent granted before the commencement of this Act in pursuance of that section, and
(b) The renewal fee in respect of a patent granted under that Act shall be as fixed thereunder.
(3) Save as otherwise provided in sub-section (2), the provisions of this Act shall apply to any application for a patent pending at the commencement of this Act and to any proceedings consequent thereon and to any patent granted in pursuance thereof."
1. Omitted by Patents Amendment Act, (15 of 2005). Prior to omission :
Amendment of Act 43 of 1958.-
in sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958, the words and figures "and the Controller of Patents and Designs for the purposes of the Indian Patents and Designs Act, 1911 (2 of 1911)" shall be omitted.
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