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CHAPTER VIII
GRANT OF PATENTS
73. [Omitted by Patents (Amendment) Rules, 2005]
74. Form of patent.—(1) A patent shall be in the form as specified in the Third Schedule
with such modifications as the circumstances of each case may require and shall bear the
number accorded to the application under rule 37.
(2) The patent certificate shall ordinarily be issued within seven days from the date of grant
of patent under section 43.
74A. Inspection of documents related to grant of patent. — After the date of publication of
a grant
of a patent, the application together with the complete specification and provisional
specification, if any, the drawing if any, abstract and other documents related thereto may
be inspected at the appropriate office by making a written request to the Controller and on
payment of fee and may obtain copies on payment of fee specified in the First Schedule.
75. Amendment of patent under section 44. — An application under section 44 for the
amendment of a patent shall be made in Form 10 along with substantiating evidence and be
accompanied by the patent.
76. Manner of applying for direction under section 51(1). —(1)An application for directions
under sub-section (1) of section 51 shall be made in Form 11 and
shall be accompanied by a
statement setting out the facts upon which the applicant relies.
(2) A copy of the application and of the statement shall be sent by the Controller to every
other person registered as grantee or proprietor of the patent.
77. Manner of application under section 51(2). — (1) An application for directions under
subsection (2) of section 51 shall be made in Form 11 and shall be accompanied by a
statement setting out the facts upon which the applicant relies.
(2) A copy of the application and statement shall be sent by the Controller to the person in
default.
78. Procedure for the hearing of proceedings under section 51.—The procedure specified
in rules 55A and 57 to 63 relating to the filing of notice of opposition, written statement,
reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the
hearing of an application under section 51 as they apply to the hearing of an opposition
proceeding.
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79. Request under section 52(2).—(1) A request under sub-section (2) of section 52 shall be
made in Form 12 within three months from the date of the order of the Appellate Board or
court referred to in sub-section (1) of the said section and shall be accompanied by a
statement setting out the facts upon which the petitioner relies and the relief he claims and
a certified copy of the order of the Appellate Board or court.
(2) Where the Appellate Board or court has ordered the grant of patent to the applicant
only for a part of the invention, the new patent granted shall be accorded a number in the
same series of numbers accorded to the complete specifications accepted
on the same day
as the patent is granted.
80. Renewal fees under section 53.—(1) To keep a patent in force, the renewal fees
specified in the First Schedule shall be payable at the expiration of the second year from the
date of the patent or of any succeeding year and the same shall be remitted to the patent
office before the expiration of the second or the succeeding year.
(1A) The period for payment of renewal fees so specified in sub-rule (1) may
be extended
to such period not being more than six months if the request for such
extension
of time is
made in Form 4 with the fee specified in the First Schedule.
(2)While paying the renewal fee, the number and date of the patent concerned and the
year in respect of which the fee is paid shall be quoted.
(3)The annual renewal fees payable in respect of two or more years may be paid in
advance.
(4) The Controller shall, after making such enquiry as he may deem necessary, credit any
renewal fee and issue a certificate that the fee has been paid.
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CHAPTER IX
AMENDMENT OF APPLICATION, SPECIFICATION
OR ANY DOCUMENT RELATING THERETO
81. Amendment of application, specification or any document relating thereto.—(1) An
application under section 57 for the amendment of an application for a patent or a
complete specification or any document related thereto shall be made in Form
13.
(2) If the application for amendment under sub-rule (1) relates to an application for a
patent which
has not been granted, the Controller shall determine whether and subject to
what conditions, if any, the amendment shall be allowed.
(3) (a) If the application for amendment under sub-rule (1) is made after grant of patent
and the nature of the proposed amendment is substantive, the application shall be
published.
(b) Any person interested in opposing the application for amendment shall give a
notice of opposition in Form 14 within three months from the date of publication of
the application.
(c)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 57 as
they apply to the hearing of an opposition proceeding.
82. Preparation of amended specifications, etc.—Where the Controller allows the
application for a patent or the complete specification or any other
document
to be amended, the applicant shall, if the Controller so requires
and within the time to be specified by him, leave at the appropriate office an
amended application or the specification or the other document, as the case may be, in
accordance with the provisions of these rules.
83. Publication of the amendment allowed.— The amendments allowed after a patent has
been granted, shall be published.