Patent Registration in Kerala
(1) These standards might be known as the Patents Rules, 2003.
(2) They will come into power on the date on which the Patents (Amendment) Act, 2002
comes into power.
In these standards, except if the setting in any case requires,
(a) "Demonstration" signifies the Patents Act, 1970 (39 of 1970);
(b) "proper office" signifies the fitting office of the patent office as indicated in rule 4;
(c)"article" incorporates any substance or material, and any plant, apparatus or on the other hand contraption, regardless of whether appended to land or not;
(d)"Form" signifies a Form determined in the Second Schedule;
(da) "Individual other than a characteristic individual" will incorporate a "little element";
(db) "Solicitation for examination"‖ implies a solicitation for assessment, including sped up assessment, made under area 11B in regard of rule 24B or rule 24C;
(e) "Calendar" signifies Schedule to these standards;
(f) "area" signifies a segment of the Act;
(fa) "little substance" signifies,
(I) if there should arise an occurrence of an undertaking occupied with the assembling or creation of products, an undertaking where the interest in plant and apparatus doesn't surpass the cutoff determined for a medium venture under condition (an) of sub-area (1) of area 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and
(ii) if there should arise an occurrence of an undertaking occupied with giving or rendering of administrations, an
undertaking where the interest in hardware isn't more than the cutoff indicated for medium undertakings under provision (b) of sub-area (1) of Section 7 of the Micro, Little and Medium Enterprises Development Act, 2006 (27 of 2006).
Recommended points of interest Spare as in any case gave in these standards, the points of interest contained in a Form are therefore endorsed as the specifics, assuming any, required under the significant arrangement or arrangements of the Act.
Leaving and serving records Any application, notice or other record approved or required to be documented, left, made or given at the patent office, or to the Controller or to some other individual under the Act or these standards, might be offered by hand or sent by a letter routed to the Controller at the suitable office or to that individual through post or enrolled post or speed post or by electronic transmission appropriately confirmed. On the off chance that it is sent by post or enrolled post or speed post or by electronic transmission appropriately confirmed, it will be considered to have been documented, left, made or given when the mail containing the equivalent would have been conveyed in the standard course of post or enlisted post or speed post, or by electronic transmission appropriately verified, by and large.
In demonstrating such sending, it will be adequate to appear that the mail was appropriately tended to and transmitted:
(1A) Notwithstanding anything contained in sub-rule (1), a patent operator will document, leave, make or give all reports just by electronic transmission properly validated, including examined duplicates of records that are required to be submitted in unique:
Given that the first archives that are required to be submitted in unique, will be submitted inside a time of fifteen days, bombing which such archives will be esteemed not to have been recorded.
(2) Any composed correspondence routed to a patentee at his postal location or email address, as it shows up on the register of licenses or at his location for administration given under rule 5, or to any candidate or adversary in any procedures under the Act or these standards, at the postal location or email address, showing up on the application or notice of restriction, or on the other hand given for administration, will be regarded to be appropriately tended to.
(3)All notification and every composed correspondence routed to a patentee, or to any candidate or then again rival in any procedures under the Act or these guidelines, and all records sent to the patentee or to the said candidate or rival, will, with the exception of when they are sent by uncommon courier, be sent by enrolled post or speed post or by electronic transmission appropriately verified.
(4)The date of a notification or a composed correspondence routed to a patentee or to any candidate or rival in any procedures under the Act and these standards will be the date of dispatch of the said notice or composed correspondence, by enrolled post or speed post or fax or electronic transmission properly verified, all things considered, except if something else determined under the Act or these standards.
(5) in the event of postponement in receipt of a record or a correspondence sent by the patent office to involved with any procedures under the Act or these guidelines, the deferral in transmitting or resubmitting a report to the patent office or doing any demonstration by the gathering might be overlooked by the Controller if an appeal for such approbation of delay is made by the gathering to the Controller following the receipt of the record or on the other hand a correspondence alongside an announcement in regards to the conditions of the reality and proof on the side of the announcement:
6. Given that the postponement excused by the Controller will not surpass the period for which the national crisis was in power, or a half year from the expiry of the endorsed period, whichever is prior.
(7) Any obligation or weight of confirmation with respect to the legitimacy of any report recorded, left, made or given under these standards, including electronically transmitted archives, will lie just with the gathering recording, leaving, making or giving the report.
(1)The expenses payable under area 142 in regard of the award of licenses and applications therefor, and in regard of different issues for which expenses are required to be payable under the Act will be as indicated in the First Schedule. Given that 10% extra expense will be payable when the applications for patent and different reports are recorded through physical mode, to be specific, in printed copy group: Given further that on account of a little element, each record, for which a charge has been determined, will be joined by Form-28.
(2) (a) The charges payable under the Act or these standards might be paid at the proper office either in real money or through electronic methods or might be sent by bank draft or broker's check payable to the Controller of Patents and drawn on a planned bank at the spot where the proper office is arranged and if the draft or broker's check is sent by post, the charges will be considered to have been paid on the date on which the draft or broker's check has really arrived at the Controller.
(1) The Forms set out in the Second Schedule with so much varieties as the conditions of each case may require will be utilized for the reasons referenced in that.
(2) Where no Form is so indicated for any reason, the candidate may utilize Form 30 determined in the Second Schedule.
Recording of reports and duplicates
(1) All archives and duplicates of the archives, aside from sworn statements and drawings, recorded with patent office, will -
(a) be typewritten or imprinted in Hindi or English (except if in any case coordinated or permitted by the Controller) in huge and readable characters not less than 0.28 centimeter high with profound permanent ink with lines broadly divided not less than one and half dispersed uniquely upon one side of the paper;
(b) be on such paper which is adaptable, solid, white, smooth, non-gleaming, and tough of size A4 of roughly 29.7 centimeter by 21 centimeter with an edge of at least 4 centimeter on the top and left hand part, and 3 centimeter on the base also, right hand part thereof;
(c) be numbered in continuous Arabic numerals in the focal point of the base of the sheet; and
(d) contain the numbering to each fifth line of each page of the portrayal and each page of the cases at right 50% of the left edge.
(2) Any mark which isn't decipherable or which is written in a content other than English or Hindi will be joined by an interpretation of the name either in Hindi or English in capital letters.
(3) in the event that, the application for patent reveals grouping posting of nucleotides or amino corrosive groupings, the arrangement posting of nucleotides or amino corrosive successions will be recorded in PC meaningful content organization alongside the application, and no print type of the succession posting of nucleotides or amino corrosive arrangements is required to be given.
(4) Additional duplicates of all reports will be recorded at the proper office as might be required by the Controller.
(5) Names and addresses of applicant and other persons shall be
given in full together with their nationality and such other particulars, if any, as are
necessary for their identification.
