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CHAPTER X
RESTORATION OF PATENTS
84. Restoration of patents.—(1) An application for the restoration
of a patent under section
60 shall be made in Form 15.
(2)Where the Controller is satisfied that a
prima facie case for the restoration of any patent
has not been made out, he shall intimate the applicant accordingly and unless the applicant
makes a request to be heard in the matter within one month from the date of such
intimation, the Controller shall refuse the application.
(3)Where applicant requests for a hearing within the time allowed and
the Controller, after giving the applicant such a hearing, is
prima facie satisfied that the
failure to pay the renewal
fees was unintentional, he shall publish the application.
85. Opposition to restoration under section 61.—(1) At any time, within two months from
the date of publication of the application under sub-rule (3) of rule 84, any person
interested may give notice of opposition thereto in Form 14.
(2) A copy of the notice of opposition shall be sent by the Controller to the applicant.
(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 60 as they apply to the hearing
in the
opposition proceeding.
86. Payment of unpaid renewal fees.—(1) Where the Controller decides in favour of the
applicant, the applicant shall pay the unpaid renewal
fees and the
additional fee specified in the First Schedule, within a month from the date of the order of
the Controller allowing the application for restoration.
(2)The Controller shall publish his decision.
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CHAPTER XI
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.
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CHAPTER XII
REGISTER OF PATENTS
88. Register of patents under section 67.—(1) Upon the grant of a patent, the Controller
shall enter in the register of patents at each appropriate office, the
name, address and nationality of the grantee as the patentee thereof, the title of the
invention (including the categories to which the invention relates), the date of the patent
and the date of grant thereof together with the address for service of the patentee.
(2)The Controller shall also enter in the register of patents particulars regarding
proceedings under the Act before the Controller or Appellate Board or
the courts in respect
of every patent.
(3) Where the register of patents or any part thereof is in
computer floppies,
diskettes or any other electronic form
it shall be maintained and
accessed only by the person who is duly authorised by the Controller and no entry or
alteration of any entry or rectification of any entry in the said register shall be made by any
person who is not so authorised by the Controller.
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 ……………. .