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Provided that a patent agent shall also be
required to furnish to
the Controller a mobile number registered in India.
6. Leaving and serving documents.—(1) Any application, notice or other document
authorised or required to be filed, left, made or given at the patent office, or to the
Controller or to any other person under the Act
or these rules, may be tendered
by hand or
sent by a letter addressed to the Controller at the appropriate office or to that person
through post or registered post or speed post or by electronic transmission duly
authenticated. If it is sent by post or registered post or speed post or by electronic
transmission duly authenticated, it shall be deemed to have been filed, left, made or given
at the time when the mail containing the same would have been delivered in the ordinary
course of post or
registered post or speed post, or by electronic transmission duly
authenticated, as the case may be. In proving such sending, it shall be sufficient to show
that the mail was properly addressed and transmitted:
(1A) Notwithstanding anything contained in sub-rule (1), a patent agent shall file,
leave,
make or give all documents only by electronic transmission duly authenticated, including
scanned copies of documents that are required to be submitted in
original:
Provided that the original documents that are required to be submitted in original,
shall be submitted within a period of fifteen days, failing which such documents shall be
deemed not to have been filed.
(2) Any written communication addressed to a patentee at his postal address or e-mail
address, as it appears on the register of patents or at his address for service given under
rule 5, or to any applicant or opponent in any proceedings under the Act or these rules, at
the postal address or e-mail address, appearing on the application or notice of opposition,
or given for service, shall be deemed to be properly addressed.
(3)All notices and all written communications addressed to a patentee, or to any applicant
or opponent in any proceedings under the Act or these rules, and all documents forwarded
to the patentee or to the said applicant or opponent, shall, except when they are sent by
special
messenger, be sent by registered post or speed post or by electronic transmission
duly authenticated.
(4)The date of a notice or a written communication addressed to a patentee or to
any
applicant or opponent in any proceedings under the Act and these rules shall be the
date of
dispatch of the said notice or written communication, by registered post or speed post or
fax or electronic transmission duly authenticated, as the case may be, unless otherwise
specified under the Act or these rules.
(5) In case of delay in receipt of a document or a communication sent by the patent office
to a party to any proceedings under the Act or these rules, the delay in
transmitting or
resubmitting a document to the patent office or doing any act by
the party may be condoned by the Controller if a petition for such condonation of
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delay is made by the party to the Controller immediately after the receipt of the document
or a communication along with a statement regarding the circumstances of the fact and
evidence in support of the statement:
Provided that the delay condoned by the Controller shall not exceed the period
between the date on which the party was supposed to have received the document or
communication by ordinary course of mail or electronic transmission and the actual date of
receipt of the same.
(6) Without prejudice to sub-rule (5) and notwithstanding anything contained in sub-rule
(2) of rule
138, the Controller may condone the delay in transmitting or resubmitting a document to
the patent office or performing any act by a party, if a petition for such condonation of
delay is made by the party to the Controller along with a statement regarding the
circumstances of the fact and evidence in support of the statement, to the satisfaction of
the Controller, that the delay was due to war, revolution, civil disorder, strike,
natural calamity, a general unavailability of electronic communication services or
other like reason in the locality where the party resides or
has place of business, and that
such situation was of such severity that it disrupted the normal communication in that area
and that the relevant action was taken as soon as reasonably possible not later than one
month from the date when such situation had ceased to exist:
Provided that the delay condoned by the Controller shall not exceed the period for
which the national emergency was in force, or six months from the expiry of the prescribed
period, whichever is earlier.
(7) Any liability or burden of proof regarding the authenticity of any document filed, left,
made or given under these rules, including electronically transmitted documents, shall lie
only with the party filing, leaving, making or giving the document.
7.Fees.—(1)The fees payable under section 142 in respect of the grant of patents and
applications therefor, and in respect of other matters for which fees are required to be
payable under the Act shall be as specified in the First Schedule. Provided that ten per cent
additional fee shall be payable when the applications for patent and other documents are
filed through physical mode, namely, in hard copy format:
Provided further that in the case of a
small entity, every document, for which a fee
has been specified, shall be accompanied by Form-28.
(2) (a) The fees payable under the Act or these rules may be paid at the appropriate
office either in cash or through electronic means or may be sent by bank draft or banker‘s
cheque payable to the Controller of Patents and drawn on a scheduled bank at the place
where the appropriate office is situated and if the draft or banker‘s cheque is sent by post,
the fees shall be deemed to have been paid on the date on which the draft or banker‘s
cheque has actually reached the Controller.