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CHAPTER II
APPLICATION FOR PATENTS
10. Period within which proof of the right under section 7(2) to make
the application shall be furnished.— Where, in an application for a patent
made by virtue
of an assignment of the right to apply for the patent for the invention, if the proof of the
right to make the application is not furnished with the application, the applicant shall within
a period of six months after the filing of such application furnish such proof.
Explanation.—For the purposes of this rule, the six months period in case of an
application corresponding to an international application
in which India is
designated shall be reckoned from the actual date on which the corresponding
application is filed in India.
11. Order of recording applications.—The applications filed in a year shall constitute a
series identified by the year of such filing. In case of an application filed corresponding to an
international application in which India
is designated, such application shall constitute a
series distinct from the rest of the applications identified by the year of filing of
corresponding applications in India.
12. Statement and undertaking regarding foreign applications.—(1) The
statement and undertaking required to be filed by an applicant for a patent under sub-
section (1) of section 8 shall be made in Form 3.
(1A) The period within which the applicant shall file the statement
and undertaking under
sub-section (1) of section 8 shall be six months from the date of filing the application.
Explanation.
—For the purpose of this rule, the period of six months in case of an
application corresponding to an international application in which India is
designated shall be reckoned from the actual date on which the corresponding
application is filed in India.
(2) The time within which the applicant for a
patent shall keep the
Controller
informed of the details in respect of other applications filed
in any country in the undertaking to be given by him under clause (b) of sub-section
(1) of section 8 shall be six months from the date of such filing.
(3) When so required by the Controller under sub-section (2) of section 8, the applicant
shall furnish information relating to objections, if any, in respect of novelty and
patentability of the invention and any other particulars as the Controller may require which
may include claims of application allowed within six months from the date of such
communication by the Controller.
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13. Specifications.—(1) Every specification, whether
provisional or complete, shall be
made
in Form 2.
(2) A specification in respect of a divisional application under section 16 shall contain
specific reference to the number of the original application from which the divisional
application is made.
(3) A specification in respect of a patent of addition under section 54 shall contain a
specific reference to the number of the main patent, or the application for the main patent,
as the case may be, and a definite statement that the invention comprises an improvement
in, or a modification of, the invention claimed in the specification of
the main patent
granted or applied for.
(4) Where the invention requires explanation through drawings, such
drawings shall be
prepared in accordance with the provisions of rule 15 and shall be
supplied with, and referred to in detail, in the specification, including the claims where the
features illustrated in the drawings shall
be followed by their respective reference signs in
parentheses:
Provided that in case of a complete specification, if the applicant desires to adopt
the drawings filed with the provisional specification as the drawings or part
of the drawings
for the complete specification, it shall be sufficient to refer to them in the complete
specification as those left or filed with the provisional specification.
(5) Irrelevant or other matter, not necessary, in the opinion of the Controller, for
elucidation of the invention, shall be excluded from the title, description, claims and
drawings.
(6) Except in the case of an application (other than a convention application or an
application filed under the Patent Cooperation Treaty designating India) which is
accompanied by a complete specification, a declaration as to the inventorship of the
invention shall be filed in Form 5 with the complete specification or at any time before the
expiration of one month from the date of filing of the complete specification, as the
Controller may allow on an application made in Form 4.
Explanation.—For the purposes of this rule, the date of filing of the complete
specification with respect to an application corresponding to an international
application in which India is designated shall be reckoned from the actual
date on
which the corresponding application is filed in India.
(7) (a) The abstract as specified under clause (d) of sub-section (4) of section 10,
accompanying the specification shall commence with the title of the invention. The
title of the invention shall disclose the specific features of the invention normally in
not more than fifteen words.
(b) The abstract shall contain a concise summary of the matter
contained in the
specification and the summary shall indicate clearly
the technical field to
which the invention belongs, technical