Publication of Patent(Amendment) Rules 2024

2018 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 197] NEW DELH I, FRIDAY , MARCH 15, 2024 /PHALGUNA 25, 1945 CG-DL-E-15032024-253078 1 2 3 4 5 6 7 1 1600 24000 के 120000 के 24000 के 120000 के अनुरोध पर। 4 2000 10000 2200 11000 माह) 4 1000 1000 1100 4400 माह) 2000 10000 2200 11000 कतकतक - 800 4000 880 4400 रहा िाएगा। - 1500 7500 1700 8300 आवेिन पर। 8 800 4000 880 4400 आवेिन पर। 10 2400 12000 2650 13200 पर। - 2400 12000 2650 13200 संबंध में; - 2400 12000 2650 13200 संबंध में; - 2400 12000 2650 13200 संबंध में; - 2400 12000 2650 13200 संबंध में; - 2400 12000 2650 13200 संबंध में; - 4800 24000 5300 26400 के संबंध में; - 4800 24000 5300 26400 संबंध में; - 4800 24000 5300 26400 के संबंध में; - 4800 24000 5300 26400 के संबंध में; - 4800 24000 5300 26400 के संबंध में; - 8000 40000 8800 44000 के संबंध में; - 8000 40000 8800 44000 के संबंध में; - 8000 40000 8800 44000 27. धारा 84 (1) , 91 (1) , 92(1) और धारा आवेिन पर। 17 2400 12000 2650 13200 28. 4000 20000 4400 22000 (ii) जनयम 20(4)(ii) के अधीन। 5600 28000 6150 30800 आवेिन पर। 20 2400 12000 2650 13200 30) 150) 1100 30) 150) -- 2400 30) 12000 जलए 30) 3300 30) 13200 30) जलए। — 800 4000 880 4400 150) 1100 30) 5500 150) "4. धारा 53(2) और 142(4) , जनयम 12(5) , 13(6) , 24ख(6), च ( ) (ञ) ………………………………………………………………………………………………….. ...................................... ………आि तारीख ............... 20….. पता……………… .. (1970 का 39) ……………………………………………………………………………………… …………………………… ……………………………………………………… .. …………………………………………………………………..................... को संनुिेजिक ………आि तारीख .............. 20….. पता………………………………… (1970 का 39) [धारा 53(2) और 142(4) ; जनयम 12(5) , 13(6) , 24ख(6), 24ग(11), 80(1क), 130, 131(2) और 138] सं॰ .......................................... के संबंध में धारा / जनयम ................. ................ के …………………………………………………………………………………… ………आि तारीख ..............20 ….. (……………………………………….) पता………………………………… (1970 का 39) मैं........................................................................... 1 , पेटेंट संख्या के संबंध में …………………………………………………………………………… ...…………………… …………………………………………………………………………… ...…………………… …………………………………………………………………………… ...…………………… …………………………………………………………………………… ...…………………… …………………………………………………………………………… ...…………………… ………आि तारीख .............. 20….. पता………………………………… (1970 का 39) ........आि तारीख .........माह ............. 20...... दिनांक ..... दिन ............. 20...... …………………………………… . (1970 का 39) ..................... ...................................... ............................................................ ............................................................ ............................................................. .................................................................. .................................................................. ..................................................... ............. .................................................................. ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ............................................................ ................................... ......................... ............................................................ दिनांक .....दिन .............20...... …………………………………… . 1. धारा 25, 57, 60, 63, 78, 87(2) या जलए। 2400 12000 जलए: 4000 5000 1600 2000 2, 12, 27, 28, 29, िो भी MINISTRY OF COMMERCE AND INDUSTRY (Department For Promotion of Industry a nd Internal Trade) NOTIFICATION New Delhi, the 15th March , 2024 G.S.R . 211(E).—WHEREAS the draft of certain rules, further to amend the Patents Rules, 2003 were published, as required under sub -section (3) of section 159 of the Patents Act, 1970 (39 of 1970), vide notificati on of the Government of India in the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) number G.S.R. 619 (E), dated the 23st August, 2023 in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) inviting objections and suggestions from all persons likely to be affected. AND, WHEREAS, copies of the said notification were made available to the public on the 23st August, 2023; AND, WHEREAS, the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely: - 1. (1) These rules may be called the Patents (Amendment) Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Patents Rules, 2003, hereinafter referred to as the said rules, in rule 12, - (i) in sub -rule (2), for the words ‘six months from the date of such filing’, the words ‘three months from the date of issuance of first statement of objections under sub -rule (3) of rule 24B or sub -rule (8) of rule 24C’ shall be substituted; (ii) for sub-rule (3), the following sub-rule shall be substituted, namely : - “3. The Controller may, use accessible and available databases, for considering the information relating to applications filed in a country outside India. 4. The Controll er may, under sub -section (2) of section 8, for reasons to be recorded in writing, direct the applicant to furnish a fresh statement and undertaking in Form 3 within two months from the date of such communication by the Controller. 5. Notwithstanding anyth ing contained in these rules, the Controller may condone the delay or extend the time for filing Form 3 for a period up to three months upon a request made in Form 4.”. 3. In rule 13 after sub -rule (2) of the said rules, the following sub -rule shall be insert ed, namely, - “(2A) A patent applicant may, if he so desires, file one or more further applications under section 16, including in respect of an invention disclosed in the provisional or complete specification or a further application filed under section 1 6.”. 4. In rule 24B of the said rules, - (a) in sub -rule (1), - (i) for the words ‘forty -eight months’, wherever they occur, the words ‘thirty -one months’ shall be substituted; (ii) in sub -rule (1), after clause (v), the following clause shall be inserted, namely, - ‘(vi) Notwithstanding anything contained in this sub -rule, in respect of an application filed before commencement of the Patents (Amendment) Rules, 2024, the period for making request for examination under sub -section (1) of section 11B shall be the period specified under this sub -rule before the commencement of the Patents (Amendment) Rules, 2024.’; (b) in sub -rule (6), for the words, brackets and figure ‘specified under sub -rule (5)’, the words ‘specified herein’ shall be substituted. 5. In rule 24C of the said rules, in sub -rule (11), for the words, brackets and figure ‘specified under sub -rule (10)’, the words ‘specified herein’ shall be substituted. 6. In the said rules, after rule 29, the following rule shall be inserted, namely, - “29A. Grace perio d. - An application to avail the period specified under section 31 shall be filed in Form 31, along with the fees specified in the First Schedule. ”. 7. In the said rules, in rule 55: (A) for sub -rule (3), the following sub -rule shall be substituted, namely, - “(3) On consideration of the representation if the Controller is satisfied that, - (a) no prima facie case is made out in the representation, he shall notify the opponent accordingly, and - (i) unless the opponent requests to be heard in the matter, the Controller shall, within one month from the date of such notification, pass an order recording the grounds for refusal of the representation; (ii) if opponent requests for a hearing, the Controller shall, after giving the opponent an opportunity of being heard, pass an order within one month from the date of hearing, recording his reasons for refusal or prima facie acceptance of the representation and the applicant shall be notified accordingly. (b) a prima facie case is made out in the representation, the Controller shall, within one month of receiving the representation, pass an order recording his reasons and notify the applicant accordingly. (B) in sub -rule (4) for the word ‘three months’, the word ‘two months’ shall be substituted; (C) after sub -rule ( 5), the following sub -rules shall be inserted namely: - “(5A.) The procedure specified in sub -rules (2) to (4) of rule 62 shall, as far as may be, apply to the procedure for hearing under this rule. (5B) An application for a patent, in which a representati on for opposition has been filed and notice has been issued by the Controller under rule 3, shall be examined in accordance with rule 24C.” . 8. In rule 56 of the said rules, in sub -rule (4), for the word ‘three months, the word ‘two months’ shall be substitut ed. 9. After rule 70 of the said rules, the following rule shall be inserted, namely: - ‘70A. Certificate of inventorship. - (1) The Controller may issue a certificate of inventorship to an inventor in respect of a patent in force, on a request made by the in ventor in Form -8A along with fee specified in the First Schedule. (2) The Controller may issue a duplicate certificate of inventorship to an inventor in respect of a patent in force on a request made by the inventor in Form -8A along with the fee specified in the First Schedule and such request shall contain a statement setting out the circumstances in which the original certificate of inventorship was lost, destroyed, damaged or cannot be produced.’. 10. In rule 80 of the said rules, for sub -rule (3), the follo wing sub -rule shall be substituted, namely: - “(3) The annual renewal fees payable in respect of two or more years may be paid in advance: Provided that where the renewal fees is paid in advance through electronic mode for a period of at least 4 years, a ten per cent reduction in fee shall be applicable for such renewal.”. 11. In rule 110 of the said rules, in sub -rule (2): - a) for the words ‘Patents Act and Rules’, the words ‘The Patents Act, 1970 (39 of 1970), The Patents Rules, 2003, The Designs Act, 2000 (16 0f 2000) and The Designs Rules, 2001’ shall be substituted; b) for the words ‘patent specifications’, the words ‘patent specifications, design specifications’ shall be substituted. 12. In rule 131 of the said rules, for sub -rule (2), the following sub -rule shall be substituted, namely, - “(2) The statements referred to in sub -rule (1) shall be furnished once in respect of every period of three financial year , starting from the financial year commencing immediately after the financial year in which the patent was g ranted, and shall be furnished within six months from the expiry of each such period. Provided that the Controller may condone the delay or extend the time in filing of such statement for a period up to three months upon a request made in Form 4.”. 13. Rule 1 37 of the said rules, shall be numbered as sub -rule (1) thereof and after sub -rule (1) as so renumbered, the following sub -rule shall be inserted namely, - “(2) The provisions contained in sub -rule (1) shall be not be applicable for matters related to - (i) extension of time or condonation of delay under sub -rule (5) of rule 12; (ii) clause (i) of sub -rule (4) and sub -rule (6) of rule 20; (iii) rule 21; (iv) sub -rules (1), (5) and (6) of rule 24B; (v) sub -rules (10) and (11) of rule 24C; (vi) sub -rule (4) of Rule 55; (vii) sub -rule (1A) of rule 80; (viii) sub -rules (1) and (2) of rule 130; (ix) sub -rule(2) of rule 131.”. 14. For rule 138 of the said rules, the following rules shall be substituted, namely, - "138. Power to extend time specified or condone delay : - Notwithstanding anything contained in these rules, the time specified for doing any act or taking any proceeding thereunder may be extended or any delay may be condoned by the Controller for a period of up to six months, upon a request made in Form 4 , where such request is made before the expiry of the said period of six months: Provided that such request may be made any number of times within the specified period of six months.’. 15. In the said rules, for Table I of THE FIRST SCHEDULE, the following table shall be substituted, namely, - TABLE I “Number of Entry On what payable Number of the relevant Form For e -filing For physical filing Natural person or startup or small entity or educational institution Other(s), alone or with natural person or startup or small entity or educational institution Natural person or startup or small entity or educational institution Other(s), alone or with natural person or startup or small entity or educational institution 1 2 3 4 5 6 7 Rupees Rupees Rupees Rupees 1. On application for a patent under sections 7, 54* or 135 and rule 20(1) accompanied by provisional or complete specification — 1 1600 Multiple of 1600 in case of every multiple priority. 8000 Multiple of 8000 in case of every multiple priority. 1750 Multiple of 1750 in case of every multiple priority. 8800 Multiple of 8800 in case of every multiple priority. (i) for each sheet of specification in addition to 30, excluding sequence listing of nucleotides and/ or amino acid sequences under sub-rule (3) of rule (9); (i) 160 (i) 800 (i) 180 (i) 880 (ii) for each claim in addition to 10; (ii) 320 (ii) 1600 (ii) 350 (ii) 1750 (iii) for each page of sequence listing of nucleotides and/ or amino acid sequences under sub- rule (3) of rule (9). (iii) 1 60 subject to a maximum of 24000 (iii) 800 subject to a maximum of 120000 Not allowed Not allowed *An application for a patent made under section 54 shall be eligible for a reduction of 50 per cent in fee as compared to other applications. 2. On fili ng complete specification after provisional up to 30 pages having up to 10 claims – 2 No fee No fee No fee No fee (i) for each sheet of specification in addition to 30, excluding sequence listing of nucleotides and/ or amino acid sequences under sub-rule (3) of rule (9); (i) 160 (i) 800 (i) 180 (i) 880 (ii) for each claim in addition to 10. (ii) 320 (ii) 1600 (ii) 350 (ii) 1800 (iii) for each page of sequence listing of nucleotides and/ or amino acid sequences under sub- rule (3) of rule (9). (iii) 160 subject to a maximum of 24000 (iii) 800 subject to a maximum of 120000 Not allowed Not allowed Note: A specification in respect of an application for a patent made under section 54 shall be eligible for a reduction of 50 per cent in fee as compared to other specifications. 3. On filing a statement and undertaking under section 8. 3 No fee No fee No fee No fee 4. i) On request for extension of time under sections 53(2) and 142(4), rules 13(6), 80(1A) and 130 (per month). 4 480 2400 530 2600 ii) On request for extension of time or condonation of delay (per month) under sub-rule (4) of rule 12 or sub-rule (2) or rule 131. 4 2000 10000 2200 11000 iii) On request for extension of time under sub-rule (6) of rule 24B (per month). 4 1000 4000 1100 4400 iv) On request for extension of time under sub-rule (11) of rule 24C (per month). 4 2000 10000 2200 11000 v) On request for extension of time under rule 138 (per month). 4 10000 50000 11000 55000 5. On filing a declaration as to inventorship under sub -rule (6) of rule 13. 5 No fee No fee No fee No fee 6. On application for postdating. - 800 4000 880 4400 7. On application for deletion of reference under section 19 (2). - 800 4000 880 4400 8. (i) On claim under section 20(1); 6 800 4000 880 4400 (ii) On r equest for direction under section 20 (4) or 20 (5). 6 800 4000 880 4400 9. (i) On notice of opposition to grant of patent under section 25(2); 7 8000 40000 Not allowed Not allowed (ii) On filing representation opposing grant of patent under section 25(1) . 7A 4000 20000 Not allowed Not allowed 10. On giving notice that hearing before Controller shall be attended under rule 62(2). - 1500 7500 1700 8300 11. On application under section 28(2). 8 No fee No fee No fee No fee On application under sections 28(3) o r 28(7). 8 800 4000 880 4400 12. Certificate of inventorship under rule 70A. 8A 900 Not applicable 1000 Not applicable 13. Request for publication under section 11A(2) and rule 24A. 9 2500 12500 2750 13750 14. On application under section 44 for amendment of pat ent. 10 2400 12000 2650 13200 15. On application for directions under section 51(1) or 51(2). 11 2400 12000 2650 13200 16. On request for grant of a patent under sections 26(1) and 52(2). 12 2400 12000 2650 13200 17. On request for converting a patent of add ition to an independent patent under section 55 (1). - 2400 12000 2650 13200 18. For renewal of a patent under section 53 — (i) before the expiration of the 2nd year from the date of patent in respect of 3rd year; - 800 4000 880 4400 (ii) before the expirati on of the 3rd year in respect of the 4th year; - 800 4000 880 4400 (iii) before the expiration of the 4th year in respect of the 5th year; - 800 4000 880 4400 (iv) before the expiration of the 5th year in respect of the 6th year; - 800 4000 880 4400 (v) before the expiration of the 6th year in respect of the 7th year; - 2400 12000 2650 13200 (vi) before the expiration of the 7th year in respect of the 8th year; - 2400 12000 2650 13200 (vii) before the expiration of the 8th year in respect of the 9th year; - 2400 12000 2650 13200 (viii) before the expiration of the 9th year in respect of the 10th year; - 2400 12000 2650 13200 (ix) before the expiration of the 10th year in respect of the 11th year; - 4800 24000 5300 26400 (x) before the expiration of the 11th year in respect of th e 12th year; - 4800 24000 5300 26400 (xi) before the expiration of the 12th year in respect of the 13th year; - 4800 24000 5300 26400 (xii) before the expiration of the 13th year in respect of the 14th year; - 4800 24000 5300 26400 (xiii) before the expiration of t he 14th year in respect of the 15th year; - 4800 24000 5300 26400 (xiv) before the expiration of the 15th year in respect of the 16th year; - 8000 40000 8800 44000 (xv) before the expiration of the 16th year in respect of the 17th year; - 8000 40000 8800 44000 (xvi) before the expiration of the 17th year in respect of the 18th year; - 8000 40000 8800 44000 (xvii) before the expiration of the 18th year in respect of the 19th year; - 8000 40000 8800 44000 (xviii) before the expiration of the 19th year in respect of the 20th year . - 8000 40000 8800 44000 19. On application for amendment of application for patent or complete specification or other related documents under section 57— 13 (i) before grant of patent; 800 4000 880 4400 (ii) after grant of patent; 1600 8000 1750 8800 (iii) where amendment is for changing name or address or nationality or address for service. 320 1600 350 1750 20. On notice of opposition to an application under sections 57(4), 61(1) and 87(2) or to surrender a patent under section 63(3) or to a request under sec tion 78(5). 14 2400 12000 2650 13200 21. On application for restoration of a patent under section 60. 15 2400 12000 2650 13200 22. Additional fee for restoration under section 61(3) and rule 86(1). — 4800 24000 5300 26400 23. On notice of offer to surrender a p atent under section 63. — No fee No fee No fee No fee 24. On application for the entry in the register of patents of the name of a person entitled 16 1600 (In respect of each patent) 8,000 (In respect of each patent) 1750 (In respect of each patent) 8,800 (In respect of each patent) to a patent or as a share or as a mortgage or as licensee or as otherwise or for the entry in the register of p atents of notification of a document under sections 69(1) or 69(2) and rules 90(1) or 90(2). 25. On application for alte ration of an entry in the register of patents or register of patent agents under rules 94(1) or rule 118(1). — 320 1600 350 1750 26. On request for entry of an additional address for service in the Register of Patents under rule 94(3). — 800 4000 880 4400 27. On application for compulsory license under sections 84(1), 91(1), 92(1) and 92A. 17 2400 12000 2650 13200 28. On request for examination of application for patent — (i) under section 11B and rule 24(1); 4000 20000 4400 22000 (ii) under rule 20( 4)(ii). 5600 28000 6150 30800 29. On request for expedited or delayed examination of application for patent under rule 24C. 18A 8000 60000 Not allowed Not allowed 30. Conversion of the request for examination filed under rule 24B to request for expedited or delayed examination under rule 24C. 18A 4000 40000 Not allowed Not allowed 31. On application for revocation of a patent under section 85(1). 19 2400 12000 2650 13200 32. On application for revision of terms and conditions of licence under section 88(4). 20 2400 12000 2650 13200 33. On request for termination of compulsory licence under section 94. 21 2400 12000 2650 13200 34. On application for registration as a patent agent under rule 109(1) or rule 112. 22 3200 Not applicable 3500 Not applicable 35. On request for appearing in the qualifying examination under rule 109(3). — 1600 Not applicable 1750 Not applicable 36. For continuance of the name of a person in the register of patent agents — for the 1st year to be paid along with registration; — 800 Not applica ble 880 Not applicable (ii) for every year excluding the 1st year — 800 Not applicable 880 Not applicable to be paid on the 1st April in each year. 37. On application for duplicate certificate of patent agent under rule 111A. — 1600 Not applicable 1750 Not applicable 38. On application for restoration of the name of a person in the register of patent agents under rule 117(1). 23 1600 (Plus continuation fee under entry number 36) Not applicable 1750 (Plus continuation fee under entry number 36) Not applicable 39. On a request for correction of clerical error under section 78(2). — 800 4000 880 4400 40. On application for review or setting aside the decision or order of the controller under section 77(1)(f) or 77(1)(g). 24 1600 8000 1750 8800 41. On application for permission for applying patent outside India under section 39 and rule 71(1). 25 1600 8000 1750 8800 42. On application for duplicate patent under section 154 and rule 132. — 1600 8000 1750 8800 43. (i) On request for certified copies under section 72 or for cer tificate under section 147 and rule 133(1). — 1000 (up to 30 pages and, thereafter, 30 for each extra page) 5000 (up to 30 pages and, thereafter, 150 for each extra page) 1100 (up to 30 pages and, thereafter, 30 for each extra page) 5500 (up to 30 pages and, thereafter, 150 for each extra page) (ii) On request for certified copies under section 72 or for certificate under section 147 and rule 133(2). -- 2400 (up to 30 pages and thereafter, 30 for each extra page) 12000 (up to 30 pages and thereafter, 30 for each extra page) 3300 (up to 30 pages and thereafter, 30 for each extra page) 13200 (up to 30 pages and thereafter, 30 for each extra page) 44. For certifying office copies, printed each. — 800 4000 880 4400 45. On request for inspection of register u nder section 72, inspection under rule 27 or rule 74A. — 320 1600 350 1750 46. On request for information under section 153 and rule 134. — 480 2400 530 2650 47. On form of authorization of a patent agent. 26 No fee No fee No fee No fee 48. On petition not other wise provided for. — 1600 8000 1750 8800 49. For supplying of photocopies of the documents, per page. — 10 10 10 10 50. Transmittal fee for international application. — 3200 16000 3500 17600 51. Transmittal fee for international application (for ePCT filing). — No fee No fee Not applicable Not applicable 52. For preparation of certified copy of priority document and for transmission of the same to the International Bureau of World Intellectual — 1000 (up to 30 pages and, thereafter, 30 for e ach 5000 (up to 30 pages and, thereafter, 150 for each 1100 (up to 30 pages and, thereafter, 30 for each extra 5500 (up to 30 pages and, thereafter, 150 for each Property Organization. extra page) extra page) page) extra page) 53. For preparation of certified copy of priority docu ment and e -transmission through WIPO DAS. — No fee No fee Not applicable Not applicable 54. On statement regarding working of a patented invention on a commercial scale in India under section 146(2) and rule 131(1). 27 No fee No fee No fee No fee 55. To be sub mitted for claiming the status of a small entity or startup. 28 No fee No fee No fee No fee 56. Application for withdrawing the application under section 11B(4), and rules 7(4A) and 26. 29 No fee No fee No fee No fee 57. Request for adjournment of hearing unde r rule 129A (for each adjournment). - 1000 5000 1100 5500 58. Miscellaneous form under rule 8(2), to be used when no other form is prescribed. 30 As applicable 59. Grace period. 31 500 2500 550 2750” 16. In the said rules, in THE SECOND SCHEDULE, in the LIST OF FORMS, - (i) for the entry corresponding to “Form -4”, the following entry shall be substituted, namely, - "4. Sections 53(2) and 142(4), rules 12( 5), 13(6), 24B(6), 24C(11), 80(1A), 130 and 138. Request for extension of time or condonation of delay.”; (ii) after t he entry corresponding to “Form -8”, the following entry shall be substituted, namely, - “8A. Rule 70A. Certificate of inventorship.”; (iii) after the entry corresponding to “Form -30”, the following entry shall be inserted, namely, - "31. Section 31 and rule 29 A Grace period.”. 17. In the said rules, in THE SECOND SCHEDULE: - (i) for Form 1, the following Form shall be substituted, namely, - “FORM 1 THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003 APPLICATION FOR GRANT OF PATENT (See section 7, 54 and 135 and sub -rule (1) of rule 20) (FOR OFFICE USE ONLY) Application No. Filing date: Amount of Fee paid: CBR No: Signature: 1. APPLICANT’S REFERENCE / IDENTIFICATION NO. (AS ALLOTTED BY OFFICE) 2. TYPE OF APPLICATION [Please tick (  ) at the appropriate category] Ordinary ( ) Convention ( ) PCT-NP ( ) PPH ( ) Divisional ( ) Patent of Addition ( ) Divisional ( )( ) Patent of Addition ( ) Divisional ( ) Patent of Addition ( ) 3A. APPLICANT(S) Name in Full Gender (optional, for individuals ) Nationality Country of Residence Age (optional, for natural persons)) Address of the Applicant - Male - Female - Others - Prefer not to disclose - ____ years - Prefer not to disclose House No. Street City State Country Pin code Email (OTP verification mandatory -will be redacted) Contact number (OTP verification mandatory -will be redacted) 3B. CATEGORY OF APPLICANT [Please tick (  ) at the appropriate category] Natural Person ( ) Other than Natural P erson ( ) Educational institution ( ) Small Entity ( ) Startup ( ) Others ( ) 4. INVENTOR(S) [Please tick (  ) at the appropriate category] Are all the inventor(s) same as the applicant(s) named above? Yes ( ) No ( ) If “No”, furnish the details of the inventor(s) Name in Full Gender (optional, for natural persons) Nationality Age (optional, for natural persons) Country of Residence Address of the Inventor - Male - Female - Others - Prefer not to disclose - ____ years - Prefer not to disclos e House No. Street City State Country Pin code 5. TITLE OF THE INVENTION 6. AUTHORISED REGISTERED PATENT AGENT(S) IN/PA No. Name Mobile No. (OTP verification mandatory -will be redacted) 7. ADDRESS FOR SERV ICE OF APPLICANT IN INDIA Name Postal Address Telephone No. Mobile No. (OTP verification mandatory -will be redacted) Fax No. E-mail ID (OTP verification mandatory -will be redacted) 8. IN CASE OF APPLICATION CLAIMING PRIORITY OF APPLICATI ON FILED IN CONVENTION COUNTRY, PARTICULARS OF CONVENTION APPLICATION Country Application Number Filing date Name of the applicant Title of the invention IPC (as classified in the convention country) 9. IN CASE OF PCT NATIONAL PHASE APPLICATION, PARTICULARS OF INTERNATIONAL APPLICATION FILED UNDER PATENT CO -OPERATION TREATY (PCT) International application number International filing date 10. IN CASE OF DIVISIONAL APPLICATION FILED UNDER SECTION 16, PARTICULARS OF ORIGINAL (FIRST) APPLICATION Original (first) application No. Date of filing of original (first) application 11. IN CASE OF PATENT OF ADDITION FILED UNDER SECTION 54, PARTICULARS OF MAIN APPLICATION OR PATENT Main application/patent No. Date of filing of main application 12. D ECLARATIONS (i) Declaration by the inventor(s) (In case the applicant is an assignee: the inventor(s) may sign herein below or the applicant may upload the assignment or enclose the assignment with this application for patent or send the assignment by pos t/electronic transmission duly authenticated within the prescribed period). I/We, the above named inventor(s) is/are the true & first inventor(s) for this Invention and declare that the applicant(s) herein is/are my/our assignee or legal representative. (a) Date (b) Signature(s) (c) Name(s) (ii) Declaration by the applicant(s) in the convention country (In case the applicant in India is different than the applicant in the convention country: the applicant in the convention country may sign herein belo w or applicant in India may upload the assignment from the applicant in the convention country or enclose the said assignment with this application for patent or send the assignment by post/electronic transmission duly authenticated within the prescribed p eriod) I/We, the applicant(s) in the convention country declare that the applicant(s) herein is/are my/our assignee or legal representative. (a) Date (b) Signature(s) (c) Name(s) of the signatory (iii) Declaration by the applicant(s) I/We the applica nt(s) hereby declare(s) that: - o I am/ We are in possession of the above -mentioned invention. o The provisional/complete specification relating to the invention is filed with this application. o The invention as disclosed in the specification uses the biolog ical material from India and the necessary permission from the competent authority shall be submitted by me/us before the grant of patent to me/us. o There is no lawful ground of objection(s) to the grant of the Patent to me/us. o I am/we are the true & fir st inventor(s). o I am/we are the assignee or legal representative of true & first inventor(s). o The application or each of the applications, particulars of which are given in Paragraph -8, was the first application in convention country/countries in respect of my/our invention(s). o I/We claim the priority from the above mentioned application(s) filed in convention country/countries and state that no application for protection in respect of the invention had been made in a convention country before that date by me/us or by any person from which I/We derive the title. o My/our application in India is based on international application under Patent Cooperation Treaty (PCT) as mentioned in Paragraph -9. o The application is divided out of my /our application particu lars of which is given in Paragraph -10 and pray that this application may be treated as deemed to have been filed on DD/MM/YYYY under section 16 of the Act. o The said invention is an improvement in or modification of the invention particulars of which are given in Paragraph -11. 13. FOLLOWING ARE THE ATTACHMENTS WITH THE APPLICATION (a) Form 2 Item Details Fee Remarks Complete/ provisional specification)# No. of pages No. of Claim(s) No. of claims and No. of pages Abstract No. of pages No. of D rawing(s) No. of drawings and No. of pages # In case of a complete specification, if the applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for the complete specification under rule 1 3(4), the number of such pages filed with the provisional specification are required to be mentioned here. (b) Complete specification (in conformation with the international application)/as amended before the International Preliminary Examination Authorit y (IPEA), as applicable (2 copies). (c) Sequence listing in electronic form (d) Drawings (in conformation with the international application)/as amended before the International Preliminary Examination Authority (IPEA), as applicable (2 copies). (e) Prior ity document(s) or a request to retrieve the priority document(s) from DAS (Digital Access Service) if the applicant had already requested the office of first filing to make the priority document(s) available to DAS. (f) Translation of priority document/Sp ecification/International Search Report/International Preliminary Report on Patentability. (g) Statement and Undertaking on Form 3 (h) Declaration of Inventorship on Form 5 (i) Power of Authority (j)………………………………………………………………………………………………….. Total fee ₹……… .in Cash/ Banker's Cheque /Bank Draft bearing No.......... Date…………...on …………. Bank. I/We hereby declare that to the best of my/our knowledge, information and belief the fact and matters slated herein are correct and I/We request that a patent may be gra nted to me/us for the said invention. Dated this…………………day of………………….20…………………… Signature: Name: To, The Controller of Patents The Patent Office, at……………….. Note: - * Repeat boxes in case of more than one entry. * To be signed by the applicant(s) or by authorized registered patent agent otherwise where mentioned. * Tick ()/cross (x) whichever is applicable/not applicable in declaration in paragraph -12. * Name of the inventor and applicant should be given in full, family name in the beginning. * Strike out the portion which is/are not applicable. * For fee: See First Schedule.”; (ii) for Form 3, the following Form shall be substituted, namely, - “FORM 3 THE PATENTS ACT, 1970 (39 of 1970) and THE PATENTS RULES, 2003 STATEMENT AND UNDERTAKING UNDER SECT ION 8 (See sub -rule (2) and (3) of Rule 12) 1. Name of the applicant(s). I/We………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… …………………………… hereby declare: 2. Name, address and nationality of the joint applicant. (i) that I/We who have made the application for patent number ……. in India, dated …..…….., alone/jointly with ………………………., (ii) that I/We have not made any application for the same/substantially the same invention outside India Or (iii) that I/We have made for the same/ substantially same invention, application(s) for patent in the other countries, the particulars of which are given below: Name of the country Date of application Application No. Status of the application Date of publication Date of disposal 3. Name and address of the assignee (i) that the rights in the application(s) filed in India has/have been assigned to ……………………………… ……………………………………………………………………… ………………………………………………… (ii) that I/We undertake that upto the date of grant of the patent by the C ontroller, I/We would keep him informed in writing regarding the details of corresponding applications for patents filed outside India in accordance with the provisions conta ined in section 8 and rule 12. Dated this………day of………..20….. 4. To be signed by the applicant or his authorized registered patent agent. Signature. …………………. 5. Name of the natural person who has signed. (……………………………………). To The Controller of Patents, The Patent Office, at………………………………… Note. - Strike out whichever is not applic able;”; (iii) for Form 4, the following Form shall be substituted, namely, - FORM 4 THE PATENTS ACT, 1970 (39 of 1970) and THE PATENTS RULES, 2003 REQUEST FOR EXTENSION OF TIME OR CONDONATION OF DELAY [See sections 53(2), and 142 (4); rules 12(5), 13(6), 24B(6 ), 24C(11), 80(1A), 130, 131(2) and 138] 1. Name of the applicant I/We……………………………………………………………………………... …………………………………………………………………………………… ……………………………………………………….. hereby request for extension of time for …………….. months(s) under section/rule…………………in connection with my/our/application/Patent No………… The reasons for making the request are as follows: - …………………………………………………………………………………… ………………………………………………………………. Dated this…….day of ……….20…. 2. To be signed by the applicant or his authorized registered patent agent Signature (……………………………………….) 3. Name of the natural person who has signed To The Controller of Patents, The Patent Office, at………………………………… Note. - For fee: See First Schedule.”; (iv) after Form 8, the following Form shall be substituted, namely, - FOR M 8A THE PATENTS ACT, 1970 (39 of 1970) and THE PATENTS RULES, 2003 Certificate of Inventorship [See rule 70A] 1. Name of the Inventor, and Patent Number. I……………………………………………………………………………...…… …………………………………..1, Inventor in respect of Patent Number……………………….1, hereby request for the grant of a ‘Certificate of Inventorship’ in respect of the Patent. OR I……………………………………………………………………………...…… …………………………………..1, Inventor in respect of Patent Number……………………….1, hereby request for the grant of a duplicate certificate of inventorship in respect of the Patent. The statement setting out the circumstances in which the original certificate of inventorship was lost, destroyed, damaged or cannot be produced are as follows: ……………………………………………………………………………...…… ……………………………………………………… ……………………...…… ……………………………………………………………………………...…… ……………………………………………………………………………...…… ……………………………………………………………………………...…… 2. To be signed by the inventor and the date of filing of this request. Signature2 (BELOW INFORMATION IS MANDATORILY REQUIRED TO BE SUBMITTED) (Name of the Inventor who has signed) Aadhaar number of the Inventor (for indian inventors) House No. Apartment/Street City State Country Pin Code Mobile Phone: ( OTP verification mandatory -will be redacted) Email: (OTP verification mandatory -will be redacted) Dated this…….day of ……….20….2 To The Controller of Patents, The Patent Office, at………………………………… Note. - This Certificate does not, in any manner whatsoever, confer or derogate from any rights under the patent.”; (v) for Form 27, the followin g Form shall be substituted, namely, - “FORM 27 THE PATENTS ACT, 1970 (39 of 1970) AND THE PATENTS RULES, 2003 No Fee STATEMENT REGARDING THE WORKING OF PATENTED INVENTION(S) ON A COMMERCIAL SCALE IN INDIA [See section 146(2) and rule 131(1)] 1. Insert name, address, nationality, patent number(s). I/ We, the Patentee(s)/ Licensee ……………, in respect of patent number(s) …………, furnish this statement, (Explanation: One form may be filed in respect of multiple patents, provided all of them are related patents and are granted to the same patentee(s)). 2. State the financial year to which the statement relates. in respect of the financial year ……… 3. Worked / not worked. Please state whether each patent in respect of which this form is being filed is worked or not worked. Patent Number(s) Worked [Tick ( ) if applicable] Not worked [ Tick ( ) if applicable] 4. If not worked, please tick the appropriate reasons Patented Invention is under development/ commercial trial Patented Invention is under Rev iew/approval with Regulatory authorities Exploring commercial licensing Any other, may specify: 5. Whether the patent is available for licensing YES NO In case of YES, would you be interested in receiving communications from any person interested in seeking a license. If so, kindly provide contact details as below: Email address: ............. Contact Number: ........... The facts and matters stated above are true to the best of my/ our knowledge, information and belief. Dated this ......... day of ............. 20...... 6. To be signed by Patentee(s) / Licensee / Authorised Agent furnishing the statement. Signature(s) ................................. To The Controller of Patents, The Patent Office, at ……………… Note: 1. Every patentee and every licen see (exclusive or otherwise) is required to file this Form; where a patent is granted to two or more persons, this form may be filed jointly by all or any of such persons. 2. Subject to conditions specified under the Patent Act, 1970 a patented invention s hall not be considered as ‘not worked’ merely on the ground that the patented product has been imported in India.”. (vi) after Form 30, the following Form shall be substituted, namely: - “FORM 31 THE PATENTS ACT, 1970 (39 of 1970) AND THE PATENTS RULES, 2003 GRA CE PERIOD [See section 31 and rule 29A] 1. Name, address, nationality, and application number. I/ We, the applicant ……………, in respect of application number …………, filed on ………… hereby claim the benefit of grace period provided under section 31. 2. Applicable pr ovision Section 31(a) Section 31(b) Section 31(c) Section 31(d) 3. Documents to be submitted as evidence. Note: Evidence may also include an affidavit. (i) Section 31(a) With reference to: a) the earliest date of display or use BOX FOR DDMMYYYY; and b) that the display occurred with the consent of the true and first inventor or a person deriving title from him; and YES NO c) that the display occurred at an industrial or other exhibition to which the provisions of this section have been extended by the Central Govern ment by notification in the Official Gazette; the following documentary evidence is submitted: ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… (ii) Section 31(b) With reference to: a) the earliest date of publication or use; b) the documentary evidence in respect of section 31(a) above; and c) the documentary evidence to the effect that the publication of any description of the invention occurred in consequence of the display or use of the invention as stated in section 31(b); the following documentary evidence is submitted: ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… (iii) Section 31(c) With reference to: a) the earliest date of use; b) the documentary evidence in respect of section 31(a) o r section 31(b) as mentioned above; and c) the documentary evidence regarding use of the invention as stated in section 31(c); and d) the documentary evidence or affidavit that the use of the invention occurred without the consent of the true and first inventor or a person deriving title from him; the following documentary evidence is submitted: ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… (iv) Section 31(d) With reference to: a) the earliest date of description or publicat ion; b) the description of the invention in a paper read by the true and first inventor before a learned society; c) the description of the invention published by the true and first inventor or with his consent in the transactions of a learned society; the follo wing documentary evidence is submitted: ………………………………………………………… ………………………………………………………… ………………………………………………………… ………………………………………………………… 4. Undertaking That my invention was in the public domain from DDMMYYYY and this application is made not later than 12 month s from that date (earliest date as stated above in respect of section 31(a), 31(b), 31(c), or 31(d)) . The facts and matters stated above are true to the best of my/ our knowledge, information and belief. Dated this ......... day of ............. 20..... . 5. To be signed by Applicant / Authorised Agent. Note: Affidavit, if any, shall be signed by the applicant. Signature(s) ................................. To The Controller of Patents, The Patent Office, at ……………… Note: Select the options that are applic able.”. 18. In the said rules, for THE FOURTH SCHEDULE, the following Schedule shall be substituted, namely, - “THE FOURTH SCHEDULE [See proviso to rule 136(1)] Number of Entry Matter in respect of which cost to be awarded Amount ( in rupees) Natural pers on(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s) Other(s), alone or with natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s) 1. For notice of opposition under sections 25, 57, 60, 63, 78, 87(2) or 88(4). 2400 12000 2. For application for compulsory licence under sections 84(1), 91(1) 1500 6000 or 92(1). 3. For application for revision of terms and conditions of licence under section 88(4) . 2400 12000 4. For notice of intention to attend the hearing u nder rule 62(2). 1500 6000 5. Stamp fee for power of attorney where a patent agent or other person has been appointed or stamp fee in respect of relevant affidavits. The amount actually paid. The amount actually paid. 6. For written statement under rule 57 or reply statement under rule 58 or for each affidavit, if relevant. 4000 5000 7. For each document of publication produced in the proceedings, if relevant. 1600 2000 8. For each unnecessary or irrelevant affidavit or citation. 1600 2000 9. For every day or part day of hearing before the Controller. 4000 5000 10. Sub-rule (2) of rule 136 Aggregate of amounts actually paid in respect of entries 1, 2, 12, 27, 28, 29 of the First Schedule, as may be applicable Twice the aggregate of amounts actually paid in respec t of entries 1, 2, 12, 27, 28, 29 of the First Schedule, as may be applicable”. 19. In the said rules, in the FIFTH SCHEDULE, for the headings, “Sl. No. On what payable (Relevant provision of Patents Rules, 2003, if any) Relevant Rule of regulations under th e Treaty For Natural Person Other than natural person either alone or jointly with natural person”, the following headings shall be substituted, namely: - “S. No. On what payable (Relevant provision of Patents Rules, 2003, if any) Relevant Rule of regulations under the Treaty Natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s) Other(s), alone or with natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s)”. [ F. No. P -24031/ 14/2023 -IPR-III] HIMANI PANDE Jt. Secy . Note: The said rules were published in the Gazette of India, Extraordinary, Part -II, Section 3, Sub -Section (ii), vide number S.O. 493 (E) dated the 2nd May, 2003 and last amended, vide notification number G.S.R. 6 46 (E) dated the 21st September, 2021. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.