Patents Rules · Chapter V

Exclusive Marketing Rights (Omitted)

Chapter V of the Patents Rules, 2003 contains 16 rules, of which 16 have been omitted. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the sections it connects to.

Ch I Ch II Ch III Ch IV Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI

Rules in this chapter

In force

Omitted

39–54

Rule numbers

39Omitted OmittedThe opening rule of the omitted chapter that carried the procedure for exclusive marketing rights, a transitional right removed in 2005.
40Omitted OmittedAn omitted rule from the exclusive marketing rights chapter, which set out paperwork for a scheme that ended when product patents arrived.
41Omitted OmittedOne of the omitted exclusive marketing rights rules; the scheme it served required approvals and a patent obtained outside India.
42Omitted OmittedAn omitted rule from the exclusive marketing rights chapter, part of the machinery the Controller used before that scheme was abolished.
43Omitted OmittedAn omitted rule from the exclusive marketing rights chapter; the scheme it served carried safeguards, including a compulsory licence route.
44Omitted OmittedAn omitted rule from a chapter whose central feature was that exclusive marketing rights were temporary and ended once a patent decision was made.
45Omitted OmittedAn omitted rule from the chapter that implemented India's treaty transition period, during which product patent applications were filed but held.
46Omitted OmittedAn omitted rule from the chapter that ended in 2005, when India began granting product patents for medicines and agricultural chemicals.
47Omitted OmittedAn omitted rule whose removal reflects a settled point: repealing a transitional scheme does not disturb what lawfully happened while it existed.
48Omitted OmittedThe last rule of the omitted exclusive marketing rights chapter, after which the Patents Rules resume with the rules on opposition and related matters.
49Omitted OmittedRule 49 was the opening rule of the old Exclusive Marketing Rights chapter of the Patents Rules and no longer has any effect.
50Omitted OmittedRule 50 was part of the deleted Exclusive Marketing Rights chapter of the Patents Rules and has no application to any patent matter today.
51Omitted OmittedRule 51 was one of the Exclusive Marketing Rights rules removed when India moved to product patents, and it now has no operative content.
52Omitted OmittedRule 52 was part of the Exclusive Marketing Rights procedure in the Patents Rules and was omitted when that whole scheme was repealed.
53Omitted OmittedRule 53 formed part of the repealed Exclusive Marketing Rights procedure and points readers towards the ordinary patent route that replaced it.
54Omitted OmittedRule 54 closed the Exclusive Marketing Rights chapter of the Patents Rules and was omitted when that chapter was repealed in the 2005 reforms.