Patents Rules · Chapter XVI
Miscellaneous
Chapter XVI of the Patents Rules, 2003 contains 21 rules. 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.
21
Rules in this chapter
21
In force
0
Omitted
121–139
Rule numbers
- 121Period within which copies of specification, etc., are to be filedFixes how long an applicant has to file copies of the foreign specification and documents the Controller asks for in a convention application.
- 121AAddress of communicationsTells applicants and agents where communications in patent matters must be addressed for the office to treat them as properly received.
- 122Correction of clerical errorsExplains how to ask the Controller to correct a clerical error in a patent, an application or a document filed with it.
- 123Manner of advertisement of the proposed correction of any errorDescribes how a proposed correction is advertised so that the public gets notice before it is allowed.
- 124Manner and time of opposition to the making of correctionsSets out how and when an interested person can oppose a correction that has been advertised.
- 125Notification of correctionsRequires a correction that has been allowed to be notified so the public record shows the corrected position.
- 126Form, etc., of affidavitsLays down how affidavits used as evidence before the Controller must be drawn up, sworn and presented.
- 127ExhibitsGoverns how documents and articles referred to as exhibits in affidavits are supplied to the other side and produced before the Controller.
- 128Directions not otherwise prescribedAllows the Controller to give directions where the Rules do not prescribe how something is to be done.
- 129Exercise of discretionary power by the ControllerRequires the Controller to give notice and a hearing before exercising a discretionary power against a party.
- 129AAdjournment of hearingControls when a hearing before the Controller can be adjourned and puts firm limits on how often and for how long.
- 130Application for review of decisions or setting aside of orders of the ControllerSets out how to ask the Controller to review a decision or to set aside an order passed in a party's absence.
- 131Form and manner in which statements required under section 146(2) to be furnishedRule 131 sets out the form, timing and manner for telling the Patent Office how a granted patent is being worked in India.
- 132Form of application for the issue of a duplicate patentRule 132 lets a patentee ask the Controller for a duplicate patent certificate when the original has been lost, destroyed or cannot be produced.
- 133Supply of certified copies and certificates under sections 72 and 147Rule 133 is the route for obtaining certified copies of Patent Office documents and certificates from the Controller under Sections 72 and 147.
- 134Request for information under section 153Rule 134 prescribes how a person asks the Controller for information about whether a patent has been applied for or granted under Section 153.
- 135AgencyRule 135 governs how an agent is authorised to act for an applicant or patentee, and when that authorisation must reach the Patent Office.
- 136Scale of costsRule 136 fixes the scale of costs the Controller may award in proceedings before him, using the schedule set out in the Rules.
- 137Powers of Controller generallyRule 137 lets the Controller allow the amendment of documents and the correction of procedural irregularities where no other provision covers the point.
- 138Power to extend time specified or condone delayRule 138 lets the Controller extend a time prescribed by the Rules, or condone a delay, on a timely request in Form 4.
- 139Hearing before the Controller to be in public in certain casesRule 139 makes hearings before the Controller in the specified proceedings open to the public, unless a party asks and the Controller directs otherwise.