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advancement of the invention as compared
to the existing
Knowledge and principal use of the invention excluding any speculative use and
where necessary, the abstract shall contain the chemical formula, which
characterises the invention.
(c) The abstract may not contain more than one hundred and fifty words.
(d) If the specification contains any drawing, the applicant shall indicate on the
abstract the figure, or exceptionally, the figures of the drawings which may
accompany the abstract when published. Each main feature mentioned in the
abstract and illustrated by a drawing shall be followed by the reference sign used in
that drawing.
(e) The abstract shall be so drafted that it constitutes an efficient
instrument for the
purposes of searching in the particular technical field, in particular by making it
possible to assess whether there is a need to consult the specification itself.
(8) The period within which reference to the deposit shall be made in the specification
under sub-clause (A) of clause (ii) of sub-section (4) of section 10 shall be three months
from the date of filing of the application:
Provided that in case of a request for publication under rule 24A, such reference
shall be made on or before the date of filing of such request.
14. Amendments to Specifications. — (1) When amendments are made to a provisional or
complete specification or
any drawing accompanying it, the pages incorporating such
amendments shall be retyped and submitted to form a continuous document.
(2) A marked copy clearly identifying the amendments carried out and a statement clearly
indicating the portion (page number and line number) of the
specification or drawing being amended along with the reason shall also be filed.
(3) Amendments shall not be made by slips pasted on, or as footnotes or by writing in the
margin of any of the said documents.
(4) When a retyped page or pages incorporating amendments are submitted, the
corresponding earlier page shall be deemed to have been superseded
and cancelled by the applicant.‖
15. Drawings.—(1) Drawings, when furnished under section 10 by the applicants otherwise
than on requisition made by the Controller, shall accompany the specifications to which
they relate.
(2) No drawings or sketch, which would require a special illustration of the specification,
shall appear in the specification itself.
(3) At least one copy of the drawing shall be prepared neatly and clearly on a durable
paper sheet.
(4) Drawings shall be on standard A4 size sheets with a clear margin of at least 4 cm on the
top and left hand and 3cm at the bottom and right hand of every sheet.
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(5) Drawings shall be on a scale sufficiently large to show the inventions clearly and
dimensions shall not be marked on the drawings.
(6)Drawings shall be sequentially or systematically numbered and shall bear—
(i) in
the left hand top corner, the name of the applicant;
(ii) in the right hand top corner, the number of the sheets of drawings, and the
consecutive number of
each sheet; and
(iii) in the right hand bottom corner, the signature of the applicant or his agent.
(7) No descriptive matter shall appear on the drawings except in the flow diagrams.
16. Models.—(1) Models or samples shall be furnished under section 10
only when required by the Controller.
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CHAPTER III
INTERNATIONAL APPLICATIONS UNDER
PATENT COOPERATON TREATY (PCT)
17. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) "Article" means an Article of the Treaty;
(aa) "Examining Authority" means the Indian International Preliminary
Examining Authority
referred
to in sub-rule (1) of rule 19F;
(ab) "International Bureau" means the International Bureau of World
Intellectual
Property
Organisation;
(ac) "Searching Authority" means the Indian International Searching
Authority referred to in sub-rule (1) of rule 19A;
(b) "Treaty" or "PCT" means the Patent Cooperation Treaty.
(c) All other words and expressions used herein and not defined but defined in the PCT shall
have the same meaning as assigned to them in that Treaty.
18. Appropriate office in relation to international applications.
— (1) The receiving office,
the designated office and the elected office for the purposes of international applications
shall be the appropriate office referred to in rule 4.
(2) Notwithstanding anything contained in sub-rule (1), the Patent Office, Delhi branch
shall be the appropriate office for dealing with the International
Bureau and any other
International Searching Authority and International Preliminary Examining Authority.
(3) An international application shall be filed at and processed by the appropriate office,
referred to in sub-rule (1), in accordance with the provisions of this Chapter, the Treaty and
the regulation under the Treaty.
(4) The appropriate office referred to in sub-rule (1), shall, on receipt of an international
application,
(a) keep one copy of the application to be called the “home copy” in its office;
(b) transmit one copy to be called the "record copy" to the International Bureau; and
(c) transmit one copy to be called "search copy'' to the competent
International
Searching Authority referred to in Article 16 of the Treaty.
And simultaneously furnish complete details of such application to the Patent Office, Delhi
branch.
19. International applications filed with appropriate office as receiving office.—(1) An
international application shall be filed with the appropriate office in triplicate either in
English or Hindi language.
(2) The fees payable in respect of an international application shall,
in addition to the fees