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TMI BlogThe Patents (Amendment), Rules, 2015X X X X Extracts X X X X X X X X Extracts X X X X ..... spect to the said draft rules before the expiry of the period so specified, shall be considered by the Central Government. DRAFT RULES 1. (1) These rules may be called The Patents (Amendment), Rules, 2015 . (2) They shall come into force on the date of their final publication in the Official Gazette. 2. In rule 2 of the Patents Rules, 2003 (hereinafter referred to as the principal rules) after clause (c), the following clause shall be inserted, namely:- (ca) electronic transmission duly authenticated means authentication by digital signature as per section 5 of the Information Technology Act, 2000 (21 0f 2000); 3. In the principal rules, for rule 5, the following shall be substituted, namely:- 5. Every person, concerned in any proceedings to which the Act or these rules relate and every patentee, shall furnish to the Controller a postal address for service in India and an e-mail address and also a mobile number provided by a service provider in India and the address shall be treated for all purposes connected with such proceedings or patent as the address of the person concerned in the proceedings or of the patentee. Unless such an address is given, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i) in sub-rule (2), for clause (a) the following clause shall be substituted, namely:- (a) The fees, payable under the Act or the rule 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 . (ii) in sub-rule (2), clause (b) shall be omitted. (iii) for sub-rule (4), the following sub-rules shall be substituted, namely:- 4 Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not: Provided that, if the Controller is satisfied that during the online filing process, the fee has been paid more than once for the same proceeding, the additional fee shall be refunded: Provided further that , if any amount in excess of requisite fee is paid for any proceeding, then, the same shall not be refunded. (4A) Notwithsta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disclosed in the specification uses the biological material from India, the applicant shall provide a declaration in Form 1 that the necessary permission from the competent authority shall be submitted before the grant of patent and (10) In case the applicant has not submitted necessary permission from the competent authority within the period as prescribed under rule 24B and 24C to put the application in order for grant under section 21 of the Act, the Controller may pass an appropriate order after providing opportunity under section 15 . 8. In the principal rules, for rule 14, the following rule shall be substituted, namely:- 14 Amendments to Specifications:- (1) When amendments are made to a complete specification or any drawing accompanying it, the page incorporating such amendment shall be retyped and submitted to form a continuous document. (2) A marked copy clearly identifying the amendments carried out and indicating the portion (page number and line number) of the specification or drawing being amended 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 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the disposal of the report of the examiner by the Controller under clause (iii) of sub rule (2): Provided that in case where request for examination has been filed by other interested person, only an intimation of such examination may be sent to such interested person and (4) The time for putting an application in order and under section 21 shall be four months from the date on which the first statement of examination is issued to the applicant to comply with the requirement and (5) The time for putting an application in order under section 21 as prescribed under sub rule (4) may be further extended for a period of two months on a request in form 4 for extension of time along with prescribed fee is made to the Controller before the expiry period specified under sub rule (4). (6) The Controller shall dispose of the application made under sub-rule (1) within a period of six months from the date of receipt of the last reply to the first examination report or within a period of six months from the last date to put the application in order for grant under section 21 of the Act, whichever is earlier. (7) Notwithstanding anything contained in sub-rule (6), the applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ventions linked so as to form a single inventive concept; and (iv) the applicant or his assignee or prospective manufacturer (licensee), shall submit the affidavit in Form 27A at the time of filing the request for expedited examination to the effect that a) the manufacturing of the invention in India has already started or shall commence within two years from the date of grant of patent, if granted; b) capital and facilities as specified by the Central Government are available for manufacturing the invention in India in required quantities, and c) the applicant or his assignee or prospective manufacturer (licensee) obligates himself, herself or itself to manufacture the patented invention in India in required quantities. (2) An applicant who has already filed a request for examination under rule 24 B may convert the said request to the request for expedited examination under rule 24C by paying the difference in the fees and submitting requisite documents as required under rule 24C, and consequently, the date of filing of such request for expedited examination shall be the date on which the fee for conversion has been paid by the applicant along with requisite docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) The applicant or his assignee or prospective manufacturer shall submit to the Controller the status report with regard to manufacturing the invention in India on annual basis. (13) Notwithstanding anything contained in sub-rule (1) and (2), the Controller may limit the number of requests for expedited examination to be received during the year by way of a notice to be published in the official journal for such expedited examination. 24 D. Opposition proceedings and consequences of false representation: (1) The relevant provisions in the Act, and the rules made thereunder, for pre-grant and post-grant opposition proceedings shall be applicable mutatis mutandis, as the case may be, for processing an application for which the request for expedited examination has been filed. (2) Any false information or false representation furnished by the applicant or his assignee or prospective manufacturer (licensee) for filing the expedited examination and thereafter, or for obtaining the patent by availing the expedited examination facility and not complying with the conditions as prescribed under the Act and the rules made thereunder after the grant of patent, may cause revoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of the prescribed renewal fee in respect of a patent, the Controller shall enter in the register of patents the fact that the fee has been paid and the date of payment of such fee and issue a certificate of renewal of the patent. 17. In the principal rules, in rule 103 , in sub-rule (2) for clause (ii)the following shall be substituted, namely:- (ii) has at least fifteen years technical, practical or research experience; and . 18. In the principal rules, after rule 103, the following rule shall be inserted, namely: 103A. Disqualifications for inclusion in Roll of Scientific Adviser - A person shall not be eligible to be included in the roll of Scientific advisor, if he- (i) has been adjudged by a competent court to be of unsound mind; (ii) is an undischarged insolvent; (iii) being a discharged insolvent, has not obtained from the court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part; (iv) has been convicted by a competent court, whether within or outside India of an offence to undergo a term of imprisonment, unless the offence of which he has been convicted has been pardoned or unless on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h person shall be given a reasonable opportunity of being heard. 24. In the principal rules after rule 129 the following rule shall be inserted, namely:- 129A Adjournment of hearing- An applicant for patent or a party to the proceeding may make a request for adjournment of the hearing with reasonable cause with the prescribed fee prescribed in First Schedule, at least five working days before the date of hearing and the Controller, if he thinks fit to do so, and upon such terms as he may direct, may adjourn the hearing and intimate the applicant accordingly: Provided that the Controller shall not adjourn the hearing for more than three occasions and each adjournment shall not be for more than fifteen days . 25 . In the principal rules for rule 133 the following rule shall be substituted, namely:- 133. Supply of certified copies and certificates under sections 72 and 147 .- (1) Certified copies of any entry in the register, or certificates of, or extracts from patents, specifications and other public documents in the patent office, or from registers and other records including records in computer floppies, diskettes or any other electronic form kept there, m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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