THE PATENTS RULES, 2003
TABLE OF CONTENTS
CHAPTER I
PRELIMINARY
Rule 1. Short title and commencement
Rule 2. Definitions
Rule 3. Prescribed particulars
Rule 4. Appropriate office
Rule 5. Address for service
Rule 6. Leaving and serving documents
Rule 7. Fees
Rule 8. Forms
Rule 9. Filing of documents and copies, etc.
CHAPTER II
APPLICATION FOR PATENTS
Rule 10. Period within which proof of the right under section 7(2) to make the application shall be furnished
Rule 11. Order of recording applications
Rule 12. Statement and undertaking regarding foreign applications
Rule 13. Specifications
Rule 14. Amendments to specifications
Rule 15. Drawings
Rule 16. Models
CHAPTER III
INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY (PCT)
Rule 17. Definitions
Rule 18. Appropriate office in relation to international applications
Rule 19. International applications filed with appropriate office as receiving office
Rule 19A. Indian International Searching Authority
Rule 19B. International search report
Rule 19C. Time limit for establishing international search report
Rule 19D. Transmittal of the International Search Report and written opinion
Rule 19E. Confidential treatment
Rule 19F. Indian International Preliminary Examining Authority
Rule 19G. Period for making a demand
Rule 19H. Fees payable to Examining Authority
Rule 19I. Manner of making a demand
Rule 19J. Processing of demands for International preliminary examination
Rule 19K. InternationalPreliminary Examination Report
Rule 19L. Period for establishing international preliminary examination report and its transmission
Rule 19M. Transmittal of the International Preliminary Examination Report
Rule 19N. Conditions for and extent of refund
Rule 20. International applications designating or designating and electing India
Rule 21. Filing of priority document
Rule 22. Effect of non-compliance with certain requirements
Rule 23. The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
CHAPTER IV
PUBLICATION AND EXAMINATION OF APPLICATIONS
Rule 24. Publication of application
Rule 24A. Request for publication
Rule 24B. Examination of application
Rule 24C. Expedited examination of applications
Rule 25. Identification of published applications
Rule 26. Request for withdrawal
Rule 27. Inspection and supply of published documents
Rule 28. Procedure in case of anticipation by prior publication
Rule 28A. Procedure in relation to consideration of report of examiner under section 14
Rule 29. Procedure in case of anticipation by prior claiming
Rule 29A. Grace period
Rule 30. Amendment of the complete specification in case of anticipation
Rule 31. Form of reference to another specification
Rule 32. Procedure in case of potential infringement
Rule 33. Form of reference to another patent
Rule 34. Manner in which a claim under section 20(1) shall be made
Rule 35. Manner in which a request may be made under section 20(4)
Rule 36. Manner of application under section 20(5)
Rule 37. Numbering of applications on the grant of patent
Rule 38. [Omitted]
CHAPTER V [Omitted]
Rule 39-54. [Omitted]
CHAPTER VI
OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
Rule 55. Opposition to the patent
Rule 55A. Filing of notice of opposition
Rule 56. Constitution of Opposition Board and its proceeding
Rule 57. Filing of written statement of opposition and evidence
Rule 58. Filing of reply statement and evidence
Rule 59. Filing of reply evidence by opponent
Rule 60. Further evidence to be left with the leave of the Controller
Rule 61. Copies of documents to be supplied
Rule 62. Hearing
Rule 63. Determination of costs
Rule 63A. Request made under section 26(1)
Rule 64-65. [Omitted]
Rule 66. Form of making a request under section 28(2)
Rule 67. Form of making a claim under section 28(3)
Rule 68. Form of application to be made under section 28(7)
Rule 69. Procedure for the hearing of claim or an application under section 28
Rule 70. Mention of inventor
Rule 70A. Certificate of inventorship
CHAPTER VII
SECRECY DIRECTIONS
Rule 71. Permission for making patent application outside India under section 39
Rule 72. Communication of result of reconsideration under section 36(2)
CHAPTER VIII
GRANT OF PATENTS
Rule 73. [Omitted]
Rule 74. Form of patent
Rule 74A. Inspection of documents related to grant of patent
Rule 75. Amendment of patent under section
Rule 76. Manner of applying for direction under section 51(1)
Rule 77. Manner of application under section 51(2)
Rule 78. Procedure for the hearing of proceedings under section 51
Rule 79. Request under section 52(2)
Rule 80. Renewal fees under section 53
CHAPTER IX
AMENDMENT OF APPLICATION, SPECIFICATION OR ANY DOCUMENT RELATING THERETO
Rule 81. Amendment of application, specification or any document relating thereto
Rule 82. Preparation of amended specifications, etc.
Rule 83. Publication of the amendment allowed
CHAPTER X
RESTORATION OF PATENTS
Rule 84. Restoration of patents
Rule 85. Opposition to restoration under section 61
Rule 86. Payment of unpaid renewal fees
CHAPTER XI
SURRENDER OF PATENTS
Rule 87. Surrender of Patents
CHAPTER XII
REGISTER OF PATENTS
Rule 88. Register of patents under section 67
Rule 89. [Omitted]
Rule 90. Registration of title and interest in patents
Rule 91. Presentation of assignment, etc., of patent to Controller
Rule 92. Registration of title or interest in a patent
Rule 93. Entry of renewal fee
Rule 94. Alteration of address
Rule 95. Inspection of register of patents under section 72 and fees payable therefore
CHAPTER XIII
COMPULSORY LICENCE AND REVOCATION OF PATENT
Rule 96. Application for compulsory licence etc.
Rule 97. When a prima facie case is not made out
Rule 98. Notice of opposition under section 87(2)
Rule 99. Manner of publication of the revocation order
Rule 100. Application under section 88(4)
Rule 101. Procedure to be followed in case of applications under section 88(4)
Rule 102. Application for termination of compulsory licence under section 94
CHAPTER XIV
SCIENTIFIC ADVISERS
Rule 103. Roll of scientific advisers
Rule 103A. Disqualifications for inclusion in the roll of scientific advisers
Rule 104. Manner of application for inclusion in the roll of scientific advisers
Rule 105. Inclusion of the name of any other person in the roll of scientific advisers
Rule 106. Power to relax
Rule 107. Removal of names from the roll of scientific advisers
CHAPTER XV
PATENT AGENTS
Rule 108. Particulars to be contained in the register of patent agents
Rule 109. Application for registration of patent agents
Rule 110. Particulars of the qualifying examination for patent agents
Rule 111. Registration of patent agents
Rule 111A. Issue of duplicate certificate of patent agents
Rule 112. Details to be included in an application for the registration of a patent agent
Rule 113. Registration of patent agents under section 126 (2)
Rule 114. Disqualifications for registration as a patent agent
Rule 115. Payment of fees
Rule 116. Removal of a name from the register of patent agents
Rule 117. Restoration of name of persons removed from the register of patent agents
Rule 118. Alteration of names, etc., in the register of patent agents
Rule 119. Refusal to recognise as patent agent
Rule 120. Publication of the names of patent agents, registered under the Act
CHAPTER XVI
MISCELLANEOUS
Rule 121. Period within which copies of specification etc. are to be filed
Rule 121A. Address of Communications
Rule 122. Correction of clerical errors
Rule 123. Manner of advertisement of the proposed correction of any error
Rule 124. Manner and time of opposition to the making of corrections
Rule 125. Notification of corrections
Rule 126. Form, etc., of affidavits
Rule 127. Exhibits
Rule 128. Directions not otherwise prescribed
Rule 129. Exercise of discretionary power by the Controller
Rule 129A. Adjournment of hearing
Rule 130. Application for review of decisions or setting aside of orders of the Controller
Rule 131. Form and manner in which statements required under section 146(2) to be furnished
Rule 132. Form of application for the issue of duplicate patent
Rule 133. Supply of certified copies and certificates under sections 72 and 147
Rule 134. Request for information under section 153
Rule 135. Agency
Rule 136. Scale of costs
Rule 137. Powers of Controller generally
Rule 138. Power to extend time specified or condone delay
Rule 139. Hearing before the Controller to be in public in certain cases

THE FIRST SCHEDULE.— FEES

THE SECOND SCHEDULE.— FORMS

LIST OF FORMS — FORMS
FORM 1.— Application for Grant of Patent
FORM 2.— Provisional/Complete Specification
FORM 3.— Statement and undertaking under Section 8
FORM 4.— Request For Extension Of Time Or Condonation Of Delay
FORM 5.— Declaration as to Inventorship
FORM 6.— Claim or request regarding any change in applicant for Patent
FORM 7.— Notice of Opposition
FORM 7A.— Representation for Opposition to Grant of Patent
FORM 8.— Request or Claim regarding mention of Inventor as such in a Patent
FORM 8A.— Certificate of Inventorship
FORM 9.— Request for Publication
FORM 10.— Application for Amendment of Patent
FORM 11.— Application for Direction of the Controller
FORM 12.— Request for Grant of Patent under section 26(1) & 52(2)
FORM 13.— Application for amendment of the application for Patent/Complete Specification
FORM 14.— Notice of opposition to amendment/restoration/ surrender of Patent/Grant of compulsory licence or revision of terms thereof or to corretion of clerical errors
FORM 15.— Application for the restoration of patent
FORM 16.— Application for registration of title/interest in a patent or share in it or registration of any document purporting to affect proprietorship of the patent
FORM 17.— Application for compulsory licence
FORM 18.— Request/Express reqest for examination of application for patent
FORM 18A.— Request for Expedited Examination of application for patent
FORM 19.— Application for revocation of a patent for non working
FORM 20.— Application for revision of terms and conditions of licence
FORM 21.— Request for termination of compulsory licence
FORM 22.— Application for registration of patent agent
FORM 23.— Application for the restoration of the name in the register of patent agents
FORM 24.— Application for review/setting aside controller's decision/order
FORM 25.— Request for permission for making patent application outside India
FORM 26.— Form for authorisation of a patent agent/or any person in a matter or proceeding under the act
FORM 27.— Statement Regarding The Working Of Patented Invention(s) On A Commercial Scale In India
FORM 28.— Form to be submitted by a Small Entity/Startup/Educational Institute
FORM 29.— Request for Withdrawal of the application for patent
FORM 30.— Form to be used when no other form is prescribed
FORM 31.— Grace Period

THE THIRD SCHEDULE.— FORM OF PATENT

THE FOURTH SCHEDULE.— SCALE OF COSTS

THE FIFTH SCHEDULE.— FIFTH SCHEDULE
Notes and Disclaimers:

1. "The e-Version (HTML) of the Patent Rules, 2003 is updated till 15-03-2024".

2. For details of every amendments, please refer to the relevant Gazette available on website ( http://www.ipindia.gov.in ).

3. While every efforts has been made to ensure the correctness of the contents of e-version, any deviation(s) noted may be brought to the notice of Intellectual Property Office at ipo-helpdesk@nic.in for corrective measures. The contents of the Gazette(s) shall prevail over e-Version in case of any deviations.