Patent Office procedure and timelines
Hearings, adjournments, extensions and how time is counted.
Most periods in Indian patent practice come from the Rules rather than the Act, which matters because the Rules change more often and because the power to extend time reaches some periods and not others.
The Controller has a general power to extend time or condone delay within limits set by the Rules, exercised on a request in the prescribed form with the prescribed fee.
Hearings are conducted with notice, adjournments are limited, and written submissions after a hearing have their own short window.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
Patents Act, 1970 — sections
- 1Short title, extent and commencement
- 7Form of application
- 9Provisional and complete specifications
- 11APublication of applications
- 11BRequest for examination
- 12Examination of application
- 14Consideration of report of examiner by Controller
- 15Power of Controller to refuse or require amended applications, etc., in certain cases
- 16Power of Controller to make orders respecting division of application
- 17Power of Controller to make orders respecting dating of application
- 18Powers of Controller in cases of anticipation
- 20Powers of Controller to make orders regarding substitution of applicants, etc.
- 21Time for putting application in order for grant
- 23Advertisement of acceptance of complete specification
- 24BGrant of exclusive rights
- 25Opposition to the patent
- 36Secrecy directions to be periodically reviewed
- 38Revocation of secrecy directions and extension of time
- 43Grant of patents
- 45Date of patent
- 51Power of Controller to give directions to co-owners
- 53Term of patent
- 57Amendment of application and specification before Controller
- 59Supplementary provisions as to amendment of application or specification
- 60Applications for restoration of lapsed patents
- 61Procedure for disposal of applications for restoration of lapsed patents
- 63Surrender of patents
- 72Register to be open for inspection
- 73Controller and other officers
- 74Patent office and its branches
- 75Restriction on employees of patent office as to right or interest in patents
- 77Controller to have certain powers of a civil court
- 78Power of Controller to correct clerical errors, etc.
- 79Evidence how to be given and powers of Controller in respect thereof
- 80Exercise of discretionary powers by Controller
- 81Disposal by Controller of applications for extension of time
- 84Compulsory licences
- 85Revocation of patents by the Controller for non-working
- 86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
- 87Procedure for dealing with applications under sections 84 and 85
- 92Special provision for compulsory licences on notifications by Central Government
- 94Termination of compulsory licence
- 104Jurisdiction
- 104ABurden of proof in case of suits concerning infringement
- 105Power of court to make declaration as to non-infringement
- 115Scientific advisers
- 116Appellate Board
- 117Staff of Appellate Board
- 117AAppeals to High Court
- 117BProcedure and powers of Appellate Board
- 117EAppearance of Controller in legal proceedings
- 117FCosts of Controller in proceedings before Appellate Board
- 117GTransfer of pending proceedings to Appellate Board
- 117HPower of Appellate Board to make rules
- 124AAdjudication of penalties
- 124BAppeal
- 127Rights of patent agents
- 128Subscription and verification of certain documents by patent agents
- 131Power of Controller to refuse to deal with certain agents
- 139Other provisions of Act to apply to convention applications
- 142Fees
- 146Power of Controller to call for information from patentees
- 147Evidence of entries, documents, etc.
- 148Declaration by infant, lunatic, etc.
- 149Service of notices, etc., by post
- 150Security for costs
- 153Information relating to patents
- 154Loss or destruction of patents
- 158Power of High Courts to make rules
- 159Power of Central Government to make rules
- 160Rules to be placed before Parliament
- 161Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911
- 162Repeal of Act 2 of 1911 in so far as it relates to patents and savings
- 163Amendment of Act 43 of 1958
Patents Rules, 2003 — rules
- 1Short title and commencement
- 2Definitions
- 3Prescribed particulars
- 4Appropriate office
- 5Address for service
- 6Leaving and serving documents
- 7Fees
- 8Forms
- 9Filing of documents and copies, etc.
- 10Period within which proof of the right under section 7(2) to make the application shall be furnished
- 11Order of recording applications
- 14Amendments to specifications
- 15Drawings
- 18Appropriate office in relation to international applications
- 19CTime limit for establishing international search report
- 19GPeriod for making a demand
- 19IManner of making a demand
- 19LPeriod for establishing international preliminary examination report and its transmission
- 19MTransmittal of the international preliminary examination report
- 20International applications designating or designating and electing India
- 22Effect of non-compliance with certain requirements
- 23The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
- 24Publication of application
- 24BExamination of application
- 24CExpedited examination of applications
- 25Identification of published applications
- 26Request for withdrawal
- 27Inspection and supply of published documents
- 28Procedure in case of anticipation by prior publication
- 28AProcedure in relation to consideration of report of examiner under section 14
- 29Procedure in case of anticipation by prior claiming
- 29AGrace period
- 30Amendment of the complete specification in case of anticipation
- 31Form of reference to another specification
- 32Procedure in case of potential infringement
- 35Manner in which a request may be made under section 20(4)
- 36Manner of application under section 20(5)
- 37Numbering of applications on the grant of patent
- 38Omitted
- 39Omitted
- 40Omitted
- 42Omitted
- 48Omitted
- 49Omitted
- 50Omitted
- 52Omitted
- 53Omitted
- 55Opposition to the patent
- 55AFiling of notice of opposition
- 56Constitution of Opposition Board and its proceedings
- 57Filing of written statement of opposition and evidence
- 58Filing of reply statement and evidence
- 59Filing of reply evidence by opponent
- 60Further evidence to be left with the leave of the Controller
- 61Copies of documents to be supplied
- 62Hearing
- 63Determination of costs
- 64Omitted
- 65Omitted
- 68Form of application to be made under section 28(7)
- 69Procedure for the hearing of a claim or an application under section 28
- 71Permission for making patent application outside India under section 39
- 72Communication of result of reconsideration under section 36(2)
- 73Omitted
- 74Form of patent
- 75Amendment of patent under section 44
- 76Manner of applying for direction under section 51(1)
- 77Manner of application under section 51(2)
- 78Procedure for the hearing of proceedings under section 51
- 80Renewal fees under section 53
- 81Amendment of application, specification or any document relating thereto
- 82Preparation of amended specifications, etc.
- 84Restoration of patents
- 85Opposition to restoration under section 61
- 86Payment of unpaid renewal fees
- 87Surrender of patents
- 91Presentation of assignment, etc., of patent to Controller
- 94Alteration of address
- 96Application for compulsory licence, etc.
- 97When a prima facie case is not made out
- 98Notice of opposition under section 87(2)
- 99Manner of publication of the revocation order
- 100Application under section 88(4)
- 101Procedure to be followed in case of applications under section 88(4)
- 102Application for termination of compulsory licence under section 94
- 103Roll of scientific advisers
- 103ADisqualifications for inclusion in the roll of scientific advisers
- 104Manner of application for inclusion in the roll of scientific advisers
- 105Inclusion of the name of any other person in the roll of scientific advisers
- 106Power to relax
- 107Removal of names from the roll of scientific advisers
- 108Particulars to be contained in the register of patent agents
- 109Application for registration of patent agents
- 110Particulars of the qualifying examination for patent agents
- 111Registration of patent agents
- 112Details to be included in an application for the registration of a patent agent
- 114Disqualifications for registration as a patent agent
- 115Payment of fees
- 116Removal of a name from the register of patent agents
- 117Restoration of name of persons removed from the register of patent agents
- 118Alteration of names, etc., in the register of patent agents
- 121Period within which copies of specification, etc., are to be filed
- 121AAddress of communications
- 122Correction of clerical errors
- 123Manner of advertisement of the proposed correction of any error
- 124Manner and time of opposition to the making of corrections
- 125Notification of corrections
- 126Form, etc., of affidavits
- 127Exhibits
- 128Directions not otherwise prescribed
- 129Exercise of discretionary power by the Controller
- 129AAdjournment of hearing
- 130Application for review of decisions or setting aside of orders of the Controller
- 131Form and manner in which statements required under section 146(2) to be furnished
- 132Form of application for the issue of a duplicate patent
- 134Request for information under section 153
- 135Agency
- 136Scale of costs
- 137Powers of Controller generally
- 138Power to extend time specified or condone delay
- 139Hearing before the Controller to be in public in certain cases
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