Last Updated: Wednesday January 07, 2009
Patents’ Rules, 2003
[Gazette of Pakistan, Extraordinary, Part II, 31st December, 2003]
S.R.O. 1142(I)/2003, dated 23-12-2003.---In exercise of the powers conferred by section 105 of the Patents Ordinance, 2000 (LXI of 2000), and. in suppression of the late Department of Industries and Labour Notification No. A197, dated the 2nd February, 1933, the Federal Government is pleased to make the following rules.
CHAPTER-I
PRELIMINARY
1. Short title and commencement.--(1) These rules may be called the Patents Rules, 2003.
(2) They shall come into force at once.
2. Definitions.--In these rules, unless there is anything repugnant in the subject or context,--
(a) "agent" means an advocate, or, a person registered as an agent whose name is on the register of patent agents kept under section 79, and rule 45;
(b) "chemical product" means a chemical compound;
(c) "claim" means claims made in the Patent application;
(d) "Controller" means .the Controller of Patents appointed under section 3;
(e) "Convention application" shall have the meaning attributed to it under clause (c) of section 2;
(f) "Form" means a Form as set out in the Second Schedule to, these rules;
(g) "graduate" means a graduate of a University established by law in Pakistan, or any foreign University recognized by the Federal Government;
(h) "Ordinance" means the Patents Ordinance, 2000 (LXI of 2000);
(i) "patent" means a patent granted under the provisions of the Ordinance.
(j) "Register" means the Register of Patents kept under section 54;
(k) "research" means an effort to create or improve any product or process, especially "by, discovering new technology or advancing existing technology; and
(l) "section' means a section of the Ordinance.
3. Fee.---(1) The fee to be paid in respect of any application, registration or any other' matter under the Ordinance and thee rules shall be those specified under the First Schedule to these rules, hereinafter referred to as the prescribed fee.
(2) Fee may be paid in cash at the Patent Office or may be sent by money order or postal order or cheque or bank drafts on a scheduled bank, payable to the Controller of Patents at Karachi, and if sent through the post shall be deemed to have been paid at the time when the money order or the properly addressed and prepaid letter containing the cheque or the bank draft or the postal order, would be received in the ordinary course of post or courier.
(3) Cheques or bank drafts not carrying the correct addition for commission, and other cheques on which the full value cannot be collected in cash within the time allowed for payment of the fee shall be accepted only at the discretion of the Controller.
(4) Stamps shall not be received in payment of fee.
4. Forms.---The forms as set out in the Second Schedule to these rules with such variations as the circumstances of each case require, shall be used for the respective purposes therein mentioned and if used shall be sufficient.
5. Language, Size and nature of documents.-(1) All documents (including drawings) making tip an application for a patent or replacing such documents shall be in the English language. In case any document is in a language other than English a translation thereof in English verified by statutory declaration or otherwise to the satisfaction of the Controller shall be furnished.
All documents referred to in sub-rule (1)-shall be so presented as to permit of direct reproduction by photography, electrostatic processes, photo offset and micro-filming, in an unlimited number of copies, all sheets shall be free from cracks, creases and folds. Only one side of the sheet shall be used.
(3) All documents referred to in sub-rule (1) shall be on stout white A4 size paper (29.7cm X 21cm).
(4) The request for the grant of a patent and the description, claims, drawings and abstract shall each commence on a new sheet.
(5) Subject to sub-rule, (1) of rule 11 the minimum margins shall be as follows, namely:-
Top 2.Ocm
Left side 2.5cm
Right side 2.0cm
Bottom 2.0cm.
(6) The margins of the documents making up the application may contain the marginal numbers.
(7) In the application, except in the drawings,-
(a) all sheets in the request shall be numbered consecutively; and
(b) all other sheets shall also be numbered consecutively of drawings contained in the application shall be numbered
(8) All sheets of drawing contained in the application shall be numbered consecutively.
(9) Every document (other than drawings) referred to in sub-rule (1) shall be typed or printed in legible characters in a black indelible ink in at least 1˝ line spacing:
Provided that any forms may be filled in writing, and that graphic symbols and characters and chemical and mathematical formulae may be written or drawn, in a black indelible colour.
(10) In all documents referred to in sub-rule (1) units of weights and measures shall be expressed in terms of the metric system. If a different system is used they shall also be expressed in terms of the metric system. Temperatures shall be expressed in degrees Celsius. For the other physical values, the units recognized in international practice shall be used, for mathematical formulae the symbol, in general use, and for chemical formulae the symbols, atomic weight and molecular formulae in general use shall be employed. In general, use should be made of technical terms, signs and symbols generally accepted in the relevant field.
(11) If a formula or symbol is used in the specification, a copy thereof prepared in the same manner as drawings shall be furnished if the Controller so directs.
(12) The terminology and the signs shall be consistent throughout the application.
(13) All documents referred to in sub-rule (1) shall be reasonably free from deletions and other alterations, over-writings and interlineations and shall, in any event, be legible.
6. Leaving and serving documents.-(1)Any application, notice or other document authorized or required to be left, made or given at the Patent Office, or to the Controller or to any other person under the Ordinance or these rules, may be sent by hand, or by a prepaid letter through the post or courier service, and if sent by a prepaid letter shall be deemed to have been left, made or given at the time when the letter' containing the same would be received in the ordinary course of post and courier service.
(2) Any written communication addressed to a right holder at his address as it appears on the Register or at his address for service, or to any applicant or other person in any proceedings under the Ordinance or these rules, at the address appearing on the application or notice, or given for service, shall be deemed to be properly addressed.
7. Address for service.-(1) Every applicant or opponent in any proceedings under the Ordinance or these rules and every person who shall thereafter becomes a patentee shall give an address for service in Pakistan and such address may be treated, for all purposes connected with the patent, as the actual address of such applicant, opponent or registered proprietor. Unless such an address is given, the Controller shall be under no obligation either to proceed with the application or the opposition, or to send any notice that may be required by the Ordinance or these rules.
(2) For all matters falling under the provisions of section 81, any person may, unless otherwise directed by the Controller, authorize, under his personal signatures, a legal practitioner or a patent agent to act as his agent and to receive all notices, requisitions and communications. The authority may be given in the form as set out in Form P-28.
8. Application for the grant of patents.-(1) An application for grant of a patent, other than a Convention application, by the true and first inventor shall be made in the form as set out in Form P-1, provided, that if the true and first inventor is not a party to the application, the applicant shall produce the original deed of assignment or other document from such true and first inventor, under which he is entitled to apply for a patent, unless such an application made in the form as set out in Form P-1A itself is endorsed by the true and first inventor(s) in the presence of two witnesses with a statement that the application shall be made without his name as an applicant for the patent.
(2) A convention application by the true and first inventor shall be made in the form as set out in Form P-2 provided that if the true and first inventor is not a party to the application, the applicant shall produce the original deed of assignment or other document from such true and first inventor, under which he is entitled to apply for a patent, unless such application made in the form as set out in Form P-2A itself is endorsed by the true and first inventor in the presence of two witnesses with a statement that the application shall be made without his name as an applicant for a Patent.
(3) In the case of an application, other than a Convention application, by the personal representative of a deceased person, who, immediately before his death, was entitled to make such an application, the probate of the will of the deceased, or the letter of administration of his estate, or an official copy of the probate or letter of administration, shall be produced at the Patent Office in proof of the applicant's title to act as the personal representative.
(4) Where in pursuance of sub-section (3) of section 14, the Controller allows a -single complete specification to be proceeded with in respect of two or more applications in respect of which two or more provisional specifications have been filed, the single complete specification may include any matter disclosed in any of the said specifications and shall be deemed to have been filed on such date, not earlier than the earliest date on which all the matter disclosed in the said single complete specification has been disclosed to the Patent Office in or in connection with the applications, as the Controller may direct.
(5) Where an applicant has made an application for a patent and, before the acceptance of the complete specification, makes a divisional application for a patent for matter included in the first mentioned application or in any specification filed in pursuance thereof, the Controller may direct that the fresh application or any specification filed in pursuance thereof shall be ante-dated to a date not earlier than the date of filing of the first mentioned application or specification if the applicant includes in the fresh application a request to that effect:
Provided that the Controller may require such amendment of the complete specification filed in pursuance of either of the aid applications as may be necessary to ensure that neither of the said complete specification includes a claim for matter claimed in the other.
(6) Where a complete specification has been filed pursuant to two or more applications accompanied by provisional specifications for inventions which the applicant believes to be cognate or modifications one of another, and the Controller is of opinion that such inventions are not cognate or modifications one of another, the Controller may allow the complete specification to be divided into such number of complete specifications as may be necessary to enable that applications to be proceeded with as two or more separate applications for patents.
(7) Where a single Convention application has been made in respect of all or part of the inventions in respect of which two or more applications for protection have been made in one or more Convention countries, and the Examiner reports that the claims of the specification filed in the said Convention application relate to more than one invention, the Controller may allow one or more further applications to be filed and the specification to be divided into such number of specifications as may be necessary to enable two or more separate Convention applications to be proceeded with and may direct that the said applications be deemed to have been filed on the date of filing of the original application.
(8) Wherein pursuance of sub-section (1) of section 88 the Controller allows more than three months to file a copy or copies of the specification or specifications, and drawings or documents filed or deposited by the applicant or his predecessor in title, as the case may be, in respect of the Conventional application, a request for such extension of time shall be made in the form as set out in Form P-4 provided, however that such extension shall not exceed maximum three periods of three months each from the date of filing of the Convention application.
(9) Save as aforesaid, all proceedings in connection with a Convention application shall be taken within the time and in the manner required by the Ordinance or prescribed by these rules for ordinary applications.
(10) Applications shall on receipt by the Controller, be numbered and dated in the order of their receipt.
9. Specification.-(1) Every specification, whether provisional or complete; shall begin with title and be signed and dated at the end by the applicant or his agent.
(2) A specification in respect of a patent of addition shall contain a specific reference to .the number of the main patent and patent application as the case may be with a definite statement that the invention comprises an improvement in, or a modification of, the invention claimed in the specification of the main patent or patent application as the case may be.
(3) Where the invention is capable of elucidation and presentation by drawings, such drawings shall be prepared in accordance with rule 11 and shall be supplied with and referred to in detail in the specification.
Irrelevant or other matter not necessary, in the opinion of the Controller, for elucidation of the invention, shall be excluded from the title, description, abstract, claims and drawings.
(5) The Third Schedule to these rules shall have effect in relation to certain applications for patents, and patents for inventions which involve the use of or concern biological material.
10. Abstract.-(1) The abstract shall commence with the title for the invention.
(2) The abstract shall contain a concise summary of the matter contained in the specification. The summary shall indicate the technical field to which the invention belongs and be drafted in a way which allows a clear understanding of the technical problem to which the invention relates the gist of the solution to that problem through the invention and the principal use or uses of the invention. Where appropriate, the abstract shall also contain the chemical formula, which, among those contained in the specification, best characterizes the invention. It shall not contain statements on the alleged merits or value of the invention or on its speculative application.
(3) The abstract shall normally consist tit' not more than two pages.
(4) If the specification contains any drawings, the applicant shall indicate on the abstract the figure or, exceptionally the figures of the drawings which he suggests should accompany the abstract when published. The Controller may decide to publish one or more other figures if he considers that they better characterize the invention. Each main feature mentioned in the abstract and illustrated by a drawing shall be followed by the reference sign used in that drawing.
11. Drawings.-(1)
Drawings shall be on sheets the usable surface area of which shall not exceed
Top
Left side
Right side
Bottom
(2) Drawings shall be executed as follows namely:-
(a) without colouring in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction;
(b) cross-sections shall be indicated by hatching which does not impede the clear reading of the reference signs and leading lines;
(c) the scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-thirds would enable all details to be distinguished without difficulty. If, as an exception, the scale is given on a drawing it shall be represented graphically:
(d) all numbers letters, and reference sign, appearing on the drawings shall be simple and clear and brackets, circles and inverted commas shall not be used in association with numbers and letters;
(e) elements of the same figure shall be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the figure;
(f) the height
of the numbers and letters shall not be less than
(g) the same sheet of drawings may contain several figures. Where figures drawn on two or more sheets are intended to form one whole figure, the figures on the several sheets shall be so arranged that the whole figure can be assembled without concealing any part of the partial figures. The different figures shall be arranged without wasting space; clearly separated from one another. The different figures shall be numbered consecutively in English numerals, independently of the numbering of the sheets;
(h) reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa. The same features, when denoted by reference signs, shall, throughout the application, be denoted by the same signs;
(i) the drawings shall not contain textual matter, except, when required for the under standing of the drawings, a single word or words such as "water", "steam", "open" "closed", section on AA", and, in the case of electric circuits and block schematic or flow sheet diagrams a few short catchwords; and
(j) the sheets of the drawings shall be numbered in accordance with sub-rule (9) of rule 5.
(3) Flow sheets and diagrams shall be considered to be drawings for the purposes of these rules.
(4) Drawings shall bear:-
(a) in the left-hand top corner the name of the applicant and, in the case of drawings filed with a complete specification after one or more provisional specifications, the numbers and years of the applications;
(b) in the right-hand top corner the number of sheets or drawings sent and the consecutive number of each sheet, and the words `original' or 'true copy' as the case may require; and
(c) in the right-Hand bottom corner the signature of the applicant or his agent.
(5) The title of the invention shall not appear on the drawings.
(6) No descriptive matter shall appear on constructional drawings, but drawings in the nature of flow sheets may bear descriptive matter to show the materials used and the chemical or other reactions or treatments effected in carrying out the invention.
(7) Drawings showing a number of instruments or units of apparatus and their interconnections either mechanical or electrical, where each such instrument or unit is Shown only symbolically may bear such descriptive matter as is necessary to identify the instruments or units or their interconnections.
(8) No drawing or sketch, other than a graphic chemical formula or a mathematical formula, symbol or equation, shall appear in the vernal part of the specification and if such a formula, symbol or equations used therein in a copy thereof, prepared in the same manner as original drawings, shall be furnished if the Controller so directs.
(9) Drawings shall be delivered at the Patent Office free front folds, breaks or creases, which would render them unsuitable for reproduction.
(10) If an applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those filed with the provisional specification.
12. Manner of making amendments.-(1) When a specification, or any drawing accompanying it, requires an amendment one copy shall be returned to the applicant or his agent and all' amendments shall be made thereon as fat as possible. Additional matter may be interpolated, if necessary, by rewriting such pages as are required to form a continuous document. Amendments shall not be made by slips pasting, or as footnotes, or by writing in the margin.
(2) The amended document shall be returned to the Controller together with the cancelled or replaced pages or drawings, if any, duly marked, cancelled and initialed by the applicant or his agent, along with a duplicate of any pages that have been added or substantially amended. Amendments, alterations or additions shall be initialed in the margin by the applicant or his agent.
(3) No amendments, alterations or additions shall be made in a document returned for amendment, beyond those necessary to comply with the requirements of the Controller.
13. Application under section 101.-Application under section 101 shall be made in the form as set out in Form P-30.
CHAPTER
IV : EXAMINATION OF APPLICATIONS, PUBLICATION, OPPOSITION, SEALING OF PATENT
AND RENEWALS
14. Procedure under section 16.-(1) When the Examiner, in pursuance of the requirements of sub-section (1) of section 16, reports that the invention as claimed in any claim' of the complete specification has been published in any specification or other document, or otherwise cannot be accepted for the reasons specified in his report, the applicant shall be so informed in writing and shall be afforded an opportunity of amending his specification:
(2) If the applicant re-files his specification and the Examiner is not satisfied with the amendments, the applicant shall be given an opportunity to be heard in the matter if he so requests.
(3) Whether or not the applicant has re-filed his specification, the Controller may appoint a hearing if he considers it desirable to do so, having regard to the time remaining for putting the application in order or other circumstances of the case.
(4) When a hearing is appointed, the applicant shall be given at least ten days' notice of the appointment or such shorter notice as appears to the Controller to be reasonable in the circumstances and shall as soon as possible notify the Controller in the form as set out in Form P-8 whether he will attend the hearing,
(5) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard the Controller may prescribe or permit such amendment as will be to his satisfaction and may refuse to accept the complete specification unless the amendment is made within such period as he may fix, not exceeding the total period prescribed under sub-section (6) of section 16.
(6) An application for extension of time under the first proviso of subsection (6) of section 16 shall be made in the form as set out in Form P-4.
(7) An application for postponement of normal acceptance by the applicant under the second proviso of sub-section (6) of section 16 shall be made in the form as set out in Form P-4.
15. Reference to other patents.-(1) When, pursuant to the requirements of sub-section (1) of section 17, the Controller directs that reference to a patent shall be inserted in the applicant's complete specification, the reference shall be inserted in the following form:-
"Reference has been directed in pursuance of sub-section (I) of section 17 of the Patents Ordinance 2000, to Patent No.---------
(2) An application under sub-section (2) of section 17 for the deletion of a reference inserted pursuant to a direction under sub-section (1) of section 17 shall be made in the form as set out in Forth P-5, and shall state fully the facts relied upon in support of the application.
16. Substitution of applications, etc. under section 18.-(1) A. claim under sub-section (1) of section 18 that an application for a patent shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other join applicants shall be made in the form as set out in Form P-6 and shall be accompanied by a certified copy of any assignment or agreement upon which the claim is based.
(2) The original assignment or agreement shall also be produced for the Controller's inspection, and the Controller may call for such other proof of title or written consent as he may require.
17. Advertisement of application.-(1) The Controller shall advertise the acceptance of every application in the official Gazette.
(2) Within thirty days from the date of receipt of the notice of acceptance of the application, the applicant shall send a copy of the abstract of the complete specification 'as accepted' to the institutions at the addresses mentioned in the Fourth Schedule to these rules by registered post.
18. Opposition to grant of patent.-(1) A notice of opposition to the grant of a patent-
(a) shall be given in the form as set out in Form P-7;
(b) shall state the ground or grounds on which the opponent intends to oppose the grant, and
(c) shall be accompanied by a statement in duplicate setting out fully the nature of the opponent's interest, the facts upon which he relies and the relief which he seeks.
(2) A copy of the notice and of the statement shall be sent by the Controller to the applicant.
(3) If the applicant desires to proceed with his application, he shall, within two months of the receipt of such copies, file a counterstatement setting out fully the grounds upon which the opposition is contested and deliver to the opponent a copy thereof.
(4) The opponent may within two months from the receipt of the copy, of the counterstatement file evidence in support of his case and shall deliver to the applicant a copy of the evidence.
(5) Within two months from the receipt of the copy of the opponent's evidence or, if the opponent does not file any evidence, within two months from the expiration of the time within which the opponent's evidence might have been filed, the applicant may file evidence in support of his case arid shall deliver to the opponent a copy of the evidence; and within two months from the receipt of the copy of the applicant's evidence, the opponent may the evidence confined to matters strictly in reply and shall deliver to the applicant a copy of the evidence.
(6) No further evidence shall be filed by either party except by leave or direction of the Controller.
(7) Copies of all documents referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition, shall be furnished in duplicate for the Controller's use unless he otherwise directs. Such copies shall accompany the notice, statement or evidence in which they are referred to.
(8) Where specification or other document in a foreign language is referred to, a translation thereof, verified by statutory declaration or otherwise to the satisfaction of the Controller, and two copies of the translation, shall also be furnished.
(9) On completion of the evidence if any, or at such other time as he may deem fit, the Controller shall appoint a time for the hearing of the case, and shall give the parties at least thirty days' notice of the appointment.
(10) If either party desires to be heard he shall within ten days of receipt of the notice under sub-rule (9) notify the Controller in the form as set out in Form P-8 and the Controller may refuse to hear either party who has not filed the said form prior to the date of hearing.
(11) If either party intends to refer at the hearing to any publication not already mentioned in the proceedings, he, shall give to the other patty and to the Controller at least ten days notice of his intention, together with details of each publication to which he intends to refer.
(12) After hearing the party or parties desiring to be heard or, if neither patty desires to be heard, then without a hearing, the Controller shall decide the case and notify his decision to the parties.
(13) If in consequence of the proceedings the Controller directs that a reference to another patent shall be inserted in the applicant's specification under sub-section (1) of section 17, the reference shall be as specified under rule 15.
(14) If the applicant notifies the Controller that he does not desire to proceed with the application, the Controller in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if the opponent had given reasonable notice to the applicant before the opposition was filed.
19. Observations under section 24.------(1) Observations under section 24:--
(a) shall be given in the form as set out in Form P-9; and
(b) shall be accompanied by a statement in duplicate setting out fully the nature of the observant's interest, the facts upon which lie relies.
(2) Subject to sub-rule (2), the Controller shall send to the applicant a copy of,-
(a) any document containing observations which he receives under sub-rule (1); and
(b) any document referred to in any such observations being a document which he receives from the person making them.
(1) Nothing in sub-rule (2) above shall impose any duty on the Controller in relation to any document.-
(a) a copy of which it appears to the Controller is readily available for retention by the applicant; or
(b) which in his opinion is not suitable for photocopying, whether on account of size or for any other reason.
(4) The Controller shall refer the observations to the Examiner and the Examiner shall consider and comment upon them as he thinks fit.
(5) The Controller shall send a copy of the Examiner's comments to the applicant.
(6) A person does not become a party to any proceedings under the Ordinance before the Controller by reason only that he makes observations under section 24.
20. Secrecy directions under section 25.------Where directions given by the Controller under sub-section (1) of section 25, prohibiting the publication of information with respect to an invention forming the subject of an application for a patent have been revoked and a patent is granted on the application, no renewal fees shall be payable in respect of any year which commences in the period during which directions were in force.
21. Sealing of patents under section 27.------(1) A request for the sealing of patent on an application shall be made in the form as set out in Form P-10 and shall accompany a copy of the evidence of dispatch of abstract under sub-rule (2) of rule 17.
(2) An application under sub-section (3) of section 27 for the extension of the period for making a request for the sealing of a patent shall be made in the form as set out in Form P-4
22. Form of patent.--------(1) Subject to sub-rule (2), the patent shall be in the form as set out in the Fifth Schedule to these rules with modifications as the circumstances of each case may require and shall bear a number according to the application, after acceptance:
(2) The patents granted to applications filed under sub-section (7) of section 16, shall be in the form as set out in the Sixth Schedule to these rules.
23. Procedure under section 28:--------An application under section 28 for the amendment of a patent granted to deceased person shall be made in the form as set out in Form P-1 I and shall be accompanied by evidence verifying the statements therein.
24. Renewals.------(1) If it is desired, at the expiration of the fourth year from the date of a patent, or of any succeeding year during the term of the patent, to keep the patent in force, the prescribed-renewal fee shall be paid alongwith requisite information in the form as set out in Form P-12 before the expiration of that year.
(2) All or any of the prescribed annual renewal fees may be paid in advance.
(3) A request for extension of the period for payment of any renewal fee under sub-section (2) of section 32 shall be made in the form as set out in Form P-4.
(4) On compliance with the terms of sub-rule (1), the Controller shall issue a certificate on form as set out in the Seventh Schedule to these rules.
(5) For the patents granted under the Patents and Designs Act, 1911, (II of 1911), no renewals shall be admitted after the expiry of the term of sixteen years.
CHAPTER V -RESTORATION, REVOCATION AND SURRENDER
OF PATENTS
25. Restoration of lapsed patents.-----(1) An application under sub-section (1) of section 45 for restoration of a patent shall be made in the form as set out in form P-13 and shall be accompanied by evidence in support of the statements made in the application.
(2) If upon consideration of the evidence the Controller is not satisfied that a prima facie case for an order under sub-section. (3) of section 45 has been made out he shall notify the applicant accordingly and, unless within two months the applicant requests to be heard in the matter, the Controllers shall refuse the, application.
(3) I: the applicant requests a hearing; within the time allowed, the Controller after giving the applicant an opportunity of being heard shall determine whether the application may proceed to advertisement in the official Gazette or whether it shall be refused.
(4) At any time within two months of the advertisement of the application under sub-rule (3), any person may give notice of opposition thereto in the form as set out in Form P-7.
(5) Such notice shall be accompanied by a copy thereof together with a statement in duplicate„ setting out fully the nature of the opponent's interest and the facts upon which he relies.
(6) A copy of the notice and of die statement shall be sent by the Controller to the applicant.
(7) Upon notice of opposition being given, provisions of sub-rule (3) to (12) of rule 18 shall apply.
(8) If the
Controller decides in favour of the applicant he shall notify him accordingly,
and require him to give the requisite information in the form as set out in
Form P-
(9) In every order of the Controller restoring a patent the following provision shall be inserted for the protection of persons who have begun to avail themselves of the patented invention between the date when the patent ceased to have effect and the date of the application,
No action or other proceeding shall be commenced or prosecuted nor any damage recovered in respect of any manufacture, use or sale of the patented product in the interim period as herein after defined by any person to have effect, the who after such date and before the, the date of the application has made, used, exercised or sold the patented product or has manufactured or installed any plant, machinery or apparatus claimed in the specification of the patent or for carrying out a method or process so claimed.
26. Revocation of patents under section 47,---(1) An application for the revocation of a patent under section 47 shall,-
(a) be made, in the form asset out in Form P-14,
(b) state the grounds for the application, and
(c) be accompanied by a copy thereof, and a statement in duplicate setting out fully the nature of the applicants' interests the facts upon which he relies and the relief which he seeks.
(2) A copy of the application and of the statement shall be sent by the Controller to the patentee.
(3) Upon such application, being made and a copy thereof sent to the patentee the provisions of sub-rules (3) to (12) of rule 18 shall apply with the substitution of references to the patentee for references to the applicant and of references to the applicant for references to the opponent.
(4) If the patentee offers to surrender his patent under section 49, the Controller, in deciding whether costs should be awarded to the applicant for revocation, shall consider whether proceedings might have been avoided if the applicant had given reasonable notice to the patentee before the application was filed.
(5) Revocation petition shall be disposed of within a period not exceeding one year.
27. Surrender of patents under section 49.---(1) A notice of an offer by a patentee under section 49 to surrender his patent shall be given in the form as set out in Form P-15 and shall be advertised by the Controller in the official Gazette.
(2) Any time within two months from the advertisement any person may give notice of opposition to the Controller in the form as set out in Form P-7, which shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the opponent's interest, the facts upon which he relies, and the relief which he seeks.
(3) A copy of the notice and of the statement shall be sent by-the Controller to the patentee.
(4) Upon such notice of opposition being given and a copy there of sent to the patentee. the provisions of sub-rules (3) to (12) of rule.18 shall apply with the substitution of references to the patentee for references to the applicant.
28. Amendment of specification.-----(1) An application to the Controller for leave to amend an accepted complete specification ,under sub-section (3) of section 42 shall be made in the form as set out in Form P-16, and shall be advertised by publication of the application and the nature of the proposed amendment in the official Gazette.
(21 An application to the Controller for leave to amend an application. under sub-section (2) of section 42 shall be made in the form as set out in Form P-16 and the Controller shall determine whether and subject to what conditions, if any-the amendment shall be allowed.
(3) Unless the Controller otherwise directs, an application or proposal for amendment of a specification shall be accompanied by a copy of the specification and drawings clearly showing the amendment sought in bold and underlined.
(4) Any person wishing-to oppose the application filed under sub-rule (1) shall; within two months from the date of the advertisement in the Official Gazette give notice to the Controller in the form as set out in Form.P-7.
(5) Such notice shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the opponent's interest, the facts upon which he relies and the relief which fie seeks.
(6) A copy of the notice and of the statement shall be sent by the. Controller to the applicant or the patentee as the case may be.
(7) Upon such notice of opposition being given and a copy thereof sent to the applicant the provisions of sub-rules (3) to (12) of rule 18 shall apply.
(8) An application for leave to amend a complete specification, which has not been accepted, except when the amendment is made to meet an objection contained in an examiner's report shall be made in the form as set out in Form P-17.
(9) Where leave to amen a specification is given the applicant shall, if the Controller so requires, and within a time to be fixed by him, file a new specification and drawings as amended, which shall be prepared in accordance with these rules.
29. Powers of the Controller-under section 35.----(1) An application for directions under sub-section (1) of section 35 by a co-grantee or co-proprietor of a patent shall be made in the form asset out in Form P-18 and shall be accompanied by a statement setting out fully the facts upon which the applicant relics and the directions which he seeks.
(2) A copy of the application and of the statement shall be sent by the Controller to each other person registered as grantee or proprietor of the patent and the applicant shall supply a sufficient number of copies for that purpose.
(3) Thereafter the Controller may give such directions as he may think fit with regard to the subsequent procedure.
(4) An application for directions under sub-section (2) of section 35 by a co-grantee or co-proprietor of a patent shall be made in the form as set out in Form P-19, and shall be accompanied by a copy thereof, and a statement in duplicate setting out fully the fats upon which the applicant relies, and the directions which he seeks.
(5). A copy of the application and of the statement shall be sent by the Controller to the person in, default.
(6) Thereafter the Controller may give such directions as he may think fit with regard to the, subsequent procedure.
30. Power of the Controller under section 36.----(1)An application under sub-section (1) of section 36 to determine a dispute as to right in an invention shall be made in the form as set out in Form P-20, and shall be accompanied by a copy thereof together with a statement in duplicate setting out fully the facts of the dispute and the relief which is sought.
(2) A copy of the application and of the statement shall be sent by the Controller to the other party to the dispute, who within two month's after receipt thereof shall file a counterstatement in duplicate setting out fully the grounds on which he disputes the right of the applicant to the relief sought.
(3) The Controller shall send a. copy of this counterstatement to the applicant and thereafter, subject to such directions as the Controller may think fit to give, the provisions of sub-rules (3) to (12) of rule 18 shall apply with the substitution of references to the applicant for references to the opponent and references to the other party for references to the applicant.
31. Power of the Controller under section 51.------(1) A request for the correction of a clerical error in an application for a patent or any document filed in pursuance of such an application or in any patent or in the register, shall be made in the form as set out in Form P-21.
(2) Where the Controller requires notice of the nature of the proposed correction to be advertised under sub-section (4) of section 51, the advertisement shall be made by publication of the request and the nature of the proposed correction in the official Gazette.
(3) Any person may, at anytime within two months from the date of the advertisement in the official Gazette, give notice to the Controller of opposition to the proposed correction in the form as set out in Form P-7.
(4) Such notice shall be accompanied by a copy thereof and as statement in duplicate setting out fully the nature of the opponent's interest, the facts on which he relies, and the relief which he seeks.
(5) A copy of the Notice and of the statement shall be sent by the Controller to the person making the request, and thereafter the provisions of sub-rules (3) to (12) of rule 18 shall apply.
(6) Where, in accordance with sub-section (3) of section 51; a hearing, is appointed, at least fourteen days notice of the appointment shall be' given to the patentee or the applicant for a patent and to any other person to whom notice of the proposed correction has been given by the Controller.
32. Procedure under section 59.------(1) An application under sub-section (1) of section 59 shall be made in the form as set out in Form P-22 and shall be accompanied by a statement in duplicate of the facts upon which the applicant relies and evidence in duplicate verifying the statement.
(2) If upon consideration of the evidence submitted under sub-rule (1), the Controller is not satisfied that a prima facie case is made out for the grant of a non-voluntary license he shall notify the applicant accordingly, and unless, within two months of making such notification, the applicant requests to be heard in the matter, the Controller shall refuse the application.
(3) Where the applicant requests a hearing within the time allowed, the Controller, after giving the applicant the opportunity of being heard, shall determine whether the application may proceed or whether it shall be refused.
(4) If upon consideration of the evidence the Control or is satisfied that a prima facie case has been made out for the grant of a non-voluntary license, or if, after hearing the applicant, he to determines, he shall direct the, application to be advertised in the official Gazette, and shall send a copy of the application, the statement and the evidence filed in support thereof, to the proprietor of the patent and to any other person shown on the register as having any right in or under the
33. Entry of grant.------Upon the sealing of a patent the Controller shall cause to be entered in the register the name, address, and nationality of the patentee as the grantee thereof, the title of the invention; the date of the patent, and the date of the sealing thereof, together with the address for service.
34. Entry in respect of Convention applications:----The patent granted on any Convention application shall be entered in the Register as dated of the official date of the first Convention application in a Convention country in respect of which the Convention application was made, and the payment of renewal fees and the expiration of the patent shall be reckoned as from that date. The date of the Convention application filed in the Convention country shall also be entered in the Register.
35. Entry of renewal fee.-----Upon the issue of a certificate of payment under rule 24, the Controller shall enter in the Register the fact that the fee has been paid, and the date .of payment as stated on the certificate.
36. Alteration of name, nationality or address:------(1) A request by a patentee for the alteration of a name, nationality or address or address for service entered in the Register in respect of a patent shall be made in the form as set out in Form P-23.
(2) If the Controller is satisfied that the request may be allowed, he shall cause the register to be altered accordingly:
37. Recordal of assignment, transmissions under section 55, etc.-------An application for the registration of the title of any person becoming entitled by assignment, transmission or operation of law to a patent or to a share in a patent, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent, shall be made,-
(a) in the case of an application under sub-section (1) of section 55 by the person becoming so entitled, in the form as set out in Form P-24; and
(b) in the case of an application under sub-section (2) of section 55 by the assignor, mortgagor, licensor, or other party conferring the interest, in the form asset out in Form P-25
33. Production of documents of title and other proof.---(1) Every assignment, and every other document containing, giving effect to or being evidence of the transmission of a patent or affecting tile proprietorship thereof as claimed by such application shall, unless the Controller otherwise directs, be presented to him together with application and he may call for such other proof of title or written consent as he may require for firs satisfaction:
Provided that in the case of a document which is a public document, an official or certified copy thereof may be specified.
39. Form of entry.-The entry to be made in the Register on a request under rule 36 shall be as set out in Schedule Y to these rules.
40. Entry of notification of documents:------An application for entry in the register of patents of the notification of any other document purporting to affect the proprietorship of the patent by an attested copy thereof may be certified for its accuracy as the Controller may direct, alternatively the original document may be produced at the Patent Office for further verification.
41. Inspection of the Register.-----The Register shall be open to public inspection at all times on which the Patent Office is open to the public, except at times when they are required for actual official use.
42. Inspection of, and extracts from, the Register, under section 57 etc.------(1) Certified copies of any entry in the Register, or certified copies of, or extracts from, patent, specifications, and other public documents in the Patent Office, or of or from register and other records kept there, may be furnished by the Controller on making an application in the form as set out in Form P-26.
(2) A request under section 57 for information relating to any patent or application for a patent may be made,-
(a) as to when a complete specification following a provisional specification has been filed;
(b) as to when an application for patent has been accepted or deemed to have been abandoned or deemed to have been- refused;
(c) as to when a complete specification is or will be published;
(d) as to when a patent has been sealed or when the time for requesting sealing has expired; renewal fee: has been paid; patent-has expired;
(g) as to when an entry has been made in the Register or application has been made for the making of such entry; or
(h) as to when any application is made or action taken involving an entry in the Register or advertisement in the official Gazette.
(3) Any such request shall be made in the form as set out in Form P-27 and a separate form shall be used in respect of each of the said matters.
43. Grant of exclusive marketing rights.-----(1)Where an invention has been made whether in Pakistan or outside Pakistan and a mail box application for the same chemical product intended for the to medicine or agriculture has been filed in a convention country on of after' first day of January 1995 patent and the approval to sell or distribute the chemical product intended for use to medicine or agriculture in that country have been granted and the applicant thereof has received approval to sell or distribute chemical product intended for use in medicine or agriculture from the Ministry of Industries and Production or any concerned organization authorized by the Ministry of Industries and Production, Government of Pakistan, then, he shall have exclusive marketing rights by himself, his agents) or licensee(s) to sell or distribute in Pakistan, the chemical product intended for use in medicine or agriculture on and from the date of approval for five years or till the date of grant of patent or date of rejection of application, as the case may be, whichever is earlier.
(2) When an invention has been made in Pakistan and a mail box application for the chemical product intended for use in medicine or agriculture has been filed and approval of marketing has been granted to the applicant thereof by the Ministry of Industries and Production or any concerned organization authorized by the Ministry of Industries and Production in respect of that invention, then the applicant shall have the exclusive marketing rights by himself his agent(s) or licensee(s) to sell and distribute in Pakistan the chemical product intended for use in medicine or agriculture and from the date of approval for five years or till the date of grant of patent or date of rejection of application, as the case may be, whichever is earlier.
44. Compulsory licences-----(1) For the purpose of this Ordinance the patentee shall be entitled to a payment up to three percent remuneration' by the licensee, on the basis of total sales of that chemical product taking into consideration its trade price, under clause (iii) of sub-section (3) of section 59.
(2), Subject to the sub-section (1) of section 59. none or insufficient exploitation of a patent in case of a chemical product intended for use, in agriculture or medicines shall be determined on the basis of health care requirements of Pakistan ,and monopolization of the market against the, public interest:
Provided, that the patent holder does not snake available the subject patented product, in sufficient quantities, so as to meet the requirement of the licensee(s). The licensees) shall be at liberty to import or procure the-said chemical product form anywhere.
45. Register of patent agents.------(1) The Patent office shall maintain the register of patent agents wherein shall be entered the name, the address, the business address, the qualifications and the date of registration of every patent agent.
(2) Legal practitioners shall not be required to be on the register of patent agents to act as patent agents otherwise than by way of drafting any specification.
46. Eligibility for registration.-(1) No person shall be eligible for registration as a patent agent unless he is resident in Pakistan,-
(2) A person shall not be qualified for registration as a patent agent unless he is a citizen of Pakistan and,-
(a) is at least a graduate in basic sciences (for example Physics, Chemistry, Mathematics, Pharmacy, Computer Sciences, and Genetics) or in engineering from a recognized university with at least one year experience of working with a patent agent or a legal practitioner practicing before the Patent Office and has passed a written and oral examination about law and procedure of patents; designs and. integrated circuits with more than fifty percent score; or
(b) has passed an examination in patent drafting from an institution or organization listed in the eighth Schedule to these rules; or
(c) has been a officer of BPS-17 or above in the Patent Office for a period of not less then ten years:
Provided that no such person shall be entitled to registration for a period of three years from the date of retirement or termination of service:
Provided further that no such person shall be entitled to registration if he has been dismissed or removed from service;
(d) is already recognized as a Patent Agent and has been practicing as such for more then three years prior to coming into force of these rules.
47. Persons debarred from registration or remaining on the register of patent agents.---------A person shall not be eligible for registration as a patent agent or continue to remain on the register of patent agents if he,--
(a) is barred by the provisions of section 84;
(b) has been adjudged by a competent court to be of unsound mind;
(c) is an undischarged insolvent;
(d) 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;
(e) Pas been convicted by a competent court, whether within or without Pakistan of an offence punishable with transportation or imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Federal Government has by order in this behalf, removed the disability; or
(f) is considered by the Federal Government not to be a fit and proper person by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity.
48. Manner of making application.------All applications for registration of a patent agent shall be made in the form as set out in Form PTA-1.
49. Procedure on application.-----(1) On receipt of an application for the registration of a person as a patent agent, the Controller shall grant him an opportunity of appearing in a written and oral examination that will be conducted once in a year.
(2) If the applicant has passed the written and oral examination and qualifies requirements of clause (a) of sub-rule (2) of rule 46 or has proved to the satisfaction of the Controller that he is exempt from appearing in such examination under the exemptions granted in clause (b) and (c) of sub-rule (2) of rule 46, the Controller shall send an intimation to that effect to the applicant, and any person so intimated may pay the prescribed fees for his registration as a patent agent. On receipt of the prescribed fees, the Controller shall cause the applicant's name to be entered in the register of patent agents, and shall issue to him a certificate on the form as set out in the Ninth Schedule to these rules.
50. Continuance of a name in the register of patent agents.------Subject to rule 47, the continuance of a person's name in the register of patent agents shall be subject to his payment of the fee prescribed in that behalf.
51. Removal of agent's name from the register of patent agents.-------(1) The Federal Government may remove permanently or temporarily from the register of patent agents the name of any patent agent,-
(a) from whom a request has been received to that effect; or
(b) from whom the annual fee has not been received on the expiry of three months from the date on which it became due; or
(c) who is found to have been subject at the time of his registration or there after has become subject, to any of the disabilities stated in clauses (a) to (e) of rule 47; or
(d) whom the Federal Government has declared not to be a fit or proper person to remain on the register of patent agents under sub-section (1) of section 83:
Provided that before making such declaration, the Federal Government shall call upon the person concerned to show cause why his registration should not be cancelled and shall make such further enquiry, if any, as it may consider necessary.
(2) The Federal Government shall remove from the register of patent agents the name of any patent agent who is dead.
(3) The removal of the name of any person from the register of patent agents shall be notified in the official Gazette and shall, wherever possible, be communicated to the person concerned.
52. Restoration of removed names.--------(1) The Federal Government may, subject to the provisions of sub-section (2) of section 83, on an application in the form as set out in Form PTA-2 from a person whose name has been temporarily removed under sub-rule (1) of rule 51, restore his name to the register of patent agents.
(2) The restoration of a name to the register of patent agents shall be notified in the official Gazette, and shall wherever possible be communicated to the person concerned.
53. Alteration in the register of patent agents.---(1) A patent agent may apply in the form as set out in Form PTA-3 for alteration of his name, address, business address or qualifications entered in the register of patent agents. On receipt of such application and the fee prescribed in that behalf, the Controller shall cause the necessary alteration to be made in the register of patent agent.
(2) Every alteration made in the register of patent agents shall be notified in the official Gazette.
54. Publication of the register of patent agents.-----The register of patent agents shall be published, as the Controller or the Federal Government may deem fit, the entries being arranged in the alphabetical order of the surnames of the registered agents and copies thereof shall be placed on sale.
55. Agency.------For all matters falling under the provisions of section 81, any person may, unless otherwise directed by the Controller, authorize under his personal signature, any person who is either a legal practitioner or a registered patent agent and to receive all notices, requisitions and communications. The authority may be given in the form as set out in Form P-28.
56. Procedure for evidence before the Controller.---------(1)Where under these rules evidence is required to be filed it shall be by way of statutory declaration or affidavit unless otherwise expressly provided in these rules.
(2) The statutory declarations and affidavits required by these rules, or used in any proceedings thereunder, shall beheaded in the matter or matters to which these relate, and shall be divided into paragraphs consecutively numbered, and each paragraph shall so far as possible be confined to one subject.
57. Form, etc., of affidavit.---(1) The affidavits required by the Ordinance and these rules, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, shall be drawn up in the first person and shall be divided into paragraphs consecutively numbered; and each paragraph shall as far as possible, be confined to one subject. Every affidavit shall state the description and true place of abode of the person making the same, shall bear the name and address of the person leaving it and shall state on whose behalf it is left.
(2) Affidavits shall be confined to such facts as the deponent is able of tits own knowledge to prove, except on interlocutory applications on which statements of his belief may be admitted, provided that the grounds thereof are stated.
(3) The affidavits referred to in sub-rule (1) shall be made and subscribed, as follows, namely:-
(a) in Pakistan before any court or person having by law authority to receive evidence, or before any officer empowered by such court or person as aforesaid to administer oaths, or before the commanding officer of any military, naval or air force station or ship occupied by troops in the service of Pakistan; and
(b) in any other part of the world before any court, Judge, justice of the peace any officer authorized by law to administer an oath for the purpose of a legal proceeding, and be legalized by the Embassy of Pakistan in the country or region.
(4) Every statutory declaration or affidavit shall state the description and true place of abode of the person making the same, and shall be written, typed, or printed.
58. Action consequent upon Court order.---Where an order has been made by the High Court in any case under the Ordinance, the person in whose favour the order has been made shall forth with lodge an application in the form as set out in form P-29, accompanied by a sealed duplicate of the order or a certified copy of the order, and thereupon the register shall, if necessary, be corrected or rectified by making of any entry therein or the variation or deletion of any entry therein.
59. Controller may require statements.---Where an applicant or an agent desires to be heard or not, the Controller may at any time require him to submit a statement in writing within a time to be notified by the Controller, or to attend before him and make explanations with respect to such matters as the Controller may require.
60. General power of amendment.------Any document for the amending of which no special provision is made by the Ordinance may be amended, and any irregularity in procedure which, in the opinion of the Controller, may be obviated without detriment to the interests of any person may be corrected if the Controller thinks fit, and upon such terms as he may direct.
61. Exercise of discretionary power and removal of difficulties:-----(1) Except as otherwise provided in these rules, before exercising any discretionary power given to him by the Ordinance or these rules adversely to an applicant for a patent or for amendment of a specification, the Controller shall give at least ten days' notice to the applicant of the time when he may be heard.
(2) Where, under these rules, any person required to do any act or thing, or any document or evidence is required to be produced or filed, and it is shown to the satisfaction of the Controller that for any reasonable cause that person is unable to do that act or thing, or that document or evidence cannot be produced or filed, the Controller may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of any such act or thing, or the production or filing of such- document or evidence.
(3) Where the hearing before the Controller of any dispute between two or mote parties relating to any matter in connection with a patent or an application for a patent takes place after the date of the publication of the complete specification, the hearing of the dispute shall be in public unless the Controller, after consultation with those parties to the dispute who are represented at the hearing, otherwise directs.
62. General power to extend time.----(1) The time prescribed by these rules for doing any act or taking any proceeding thereunder may be enlarged by the Controller if he thinks fit and upon such terms as he may direct:
Provided that no such extension of time granted under this rule shall exceed a period of more than one month at a time, provided that total period of such enlargements shall not exceed three months against the statutory period prescribed.
(2) Every application for extension of time under sub-rule (1) shall be made in the form as set out in Form P-4.
63. Publications of the Patent Office.--------(1) The Controller may publish from time to time reports of such cases relating to patents.
(2) The Controller may arrange for the publication and sale of copies of specifications, drawings and other documents in the Patent Office, and of indices to and abridgements of such documents.
64. Savings.------Notwithstanding the super session of Patents Rules, 1933. any application or other matter pending under those rules shall be disposed of under those rules.
The First Schedule
[See rule 3(1)]
Fee
|
S.No. |
Form. |
Description |
Fee Rs. |
|
(1) |
(2) |
(3) |
(4) |
|
1 |
P- I |
Application for patent when the true and first inventor is sole or joint applicant. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
2. |
P-1A |
Application for patent when the true and first inventor is NOT a party to the application. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
3. |
P-lB |
Application for patent of addition when the true and first inventor is sole or joint applicant. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
4 |
P-lC |
Application for patent of addition when the true and first inventor is NOT a party to the application. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
5 |
P-2 |
Convention application for patent when the true and first inventor is sole or joint applicant. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
6 |
P-2A |
Convention application for patent when the true and first inventor is NOT a party to the application. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
7 |
P-2B |
Convention application for patent of addition. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
|
|
8 |
P- |
Convention application for patent of addition when the true and first inventor is NOT a party to the application. |
2250 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
9. |
P-3 |
Application for provisional specification. |
675 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional claim beyond twenty claims. |
75 |
|
10 |
P-3A |
Application for complete specification. |
1575 |
|
|
|
(a) For each additional page of specification beyond forty pages. |
30 |
|
|
|
(b) For each additional. claim beyond twenty claims. |
75 |
|
11 |
P-4 |
Application for extension of time/ postponement of normal acceptance. |
|
|
|
|
(a) Application for extension of time under Section 16(6) |
750 |
|
|
|
Application for extension of time under Section 27(3), 32(2) and 88(1), per month. |
375 |
|
12 |
P-5 |
Application for deletion of a reference. |
250 |
|
13 |
P-6 |
Application for substitution of applicant. |
500 |
|
14 |
P-7 |
Notice of opposition. |
750 |
|
15 |
P-8 |
Notice of intention to attend hearings. |
750 |
|
16. |
P-9 |
Application for third party observations on Patent ability, |
5000 |
|
16. |
P-10 |
Request for sealing. |
2250 |
|
18. |
P-11 |
Application for the amendment of a patent granted to a deceased person. |
2500 |
|
19 |
P-12 |
Application for renewal of a patent. |
|
|
|
|
i. Before expiration of 4" year in respect of 5" year ii. Before expiration of 5" year in respect of 6" year iii. Before expiration of 6" year in respect of 7" year iv. Before expiration of 7" year in respect of 8" year v. Before expiration of 8" year in respect of 9" year vi. Before expiration of 9" year in respect of 10" year vii. Before expiration of 10" year in respect of 11` year viii. Before expiration of 11" year in respect of 12" year ix. Before expiration of 12" year in respect of 13" year x. Before expiration of 13" year in respect of 14" year xi. Before expiration of 14" year in respect of 15" year xii. Before expiration of 15" year in respect of 16" year xiii. Before expiration of 16" year in respect of 17" year xiv. Before expiration of 17' year in respect of 18" year xv. Before expiration of 18" year in respect of 19" year xvi. Before expiration of 19" year in respect of 20" year |
3000 3000 3000 3000 4500 4500 4500 6000 6000 6000 6000 6000 8000 8000 8000 8000 |
|
20. |
P-13 |
Application for restoration of a patent. |
4500 |
|
21. |
P-14 |
Application for revocation of a patent. |
1350 |
|
22. |
P-15 |
Application for surrender of a patent. |
750 |
|
23. |
P-16 |
Application for amendment of pending specification/ accepted specification. |
750 |
|
24. |
P-17 |
Application to amend specification when the amendment is made to meet an objection contained in an examiner's report. |
250 |
|
25 |
P-18 |
Application for directions of Controller under sub-section (1) of section 35. |
1000 |
|
26. |
P-19 |
Application for directions of Controller under sub-section (2) of section 35. |
1000 |
|
27. |
P-20 |
Request for decision of Controller under section 36 (1). |
1000 |
|
28 |
P-21 |
Application for correction of clerical errors. |
750 |
|
29 |
P-22 |
Application for grant of non-voluntary licence. |
1350 |
|
30 |
P-22A |
Application for grant of exclusive marketing rights. |
3000 |
|
31 |
P-22B |
Application to the Federal, Government for exploitation of a patent. |
3000 |
|
32 |
P-23 |
Application for alteration of a name, nationality, address or address for service. |
750 |
|
33. |
P-24 |
Application for recordal of assignment etc., by an assignee |
750 |
|
34. |
P-25 |
Application for recordal of assignment etc by an assignor |
750 |
|
35. |
P-26 |
Request for certificate of the Controller. |
750 |
|
36. |
P-27 |
Request for search. |
150 |
|
37. |
P-28 |
Form for authorization to agent. |
|
|
38. |
P-29 |
Application consequent upon a court or High Court order. |
750 |
|
39. |
P-30 |
Application for issuance of duplicate patent. |
750 |
|
40. |
PTA-1 |
Application for registration of a patent agent. |
|
|
41. |
PTA-2 |
Application for restoration of name of a patent agent. |
|
|
42. |
PTA-3 |
Application by a patent agent for alteration of name, address, business address or qualifications. |
|
The Second Schedule
[See rule 4]
|
S.No. |
Form |
Description |
|
(1) |
(2) |
(3) |
|
1 |
P-l |
Application for patent when the true and first inventor is sole or joint applicant. |
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2 |
P-1A |
Application for patent when the true and first inventor is NOT a party to the application. |
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3 |
P-1B |
Application for patent of addition when the true and first investor is sole or joint applicant. |
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4 |
P- |
Application for patent of addition when the true and first investor is NOT a party to the application. |
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5 |
P-2 |
Convention application for patent when the true and first inventor is sole or joint applicant. |
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6 |
P-2A |
Convention application for patent when the true and first inventor is NOT a party to the application. |
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7 |
P-2B |
Convention application, for patent of addition. |
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8 |
P- |
Convention application for patent of addition when the true and first is NOT a party to the application. |
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9 |
P-3 |
Application for provisional specification |
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10 |
P-3A |
Application for complete specification. |
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11 |
P-4 |
Application for extension of time/ postponement of normal acceptance. |
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12 |
P-5 |
Application for deletion of a reference |
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13 |
P-6 |
Application for substitution of applicant. |
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14 |
P-7 |
Notice of opposition |
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15 |
P-8 |
Notice of intention to attend hearings. |
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16 |
P-9 |
Application for third party observations on patentability. |
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17 |
P-10 |
Request for sealing. |
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18 |
P-11 |
Application for the amendment of a patent granted to a deceased person |
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19 |
P-12 |
Application for renewal of a patent. |
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20 |
P-13 |
Application for restoration of a patent. |
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21 |
P-14 |
Application for revocation of a patent. |
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22 |
P-15 |
Application for surrender of a patent. |
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23 |
P-16 |
Application for amendment of pending specification/accepted specification. |
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24 |
P-17 |
Application to amend specification when the amendment is made to meet an objection contained in an examiner's report. |
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25 |
P-18 |
Application for directions of Controller |
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26 |
P-19 |
Application for directions of Controller under sub-section (2) of section 35. |
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27 |
P-20 |
Request for decision of Controller under Section 36(1). |
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28 |
P-21 |
Application for the correction of clerical errors |
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29 |
P-22 |
Application for grant of non-voluntary license. |
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30 |
P-22A |
Application for grant of exclusive marketing rights. |
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31 |
P-22B |
Application to the Federal Government for exploitation of a patent, |
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32 |
P-23 |
Application for alteration of a name nationality, address or address for service. |
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33 |
P-24 |
Application for recordal of assignment etc, by an assignee. |
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34 |
P-25 |
Application for recordal of assignment etc by an assignor. |
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35 |
P-26 |
Request for certificate of the Controller. |
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36 |
P-27 |
Request for search. |
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37 |
P-28 |
Form for authorization to agent. |
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38 |
P-29 |
Application consequent upon a Court or High Court order. |
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39 |
P-30 |
Application for issuance of duplicate patent |
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40 |
PTA-1 |
Application for registration of a patent agent. |
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41 |
PTA-2 |
Application for restoration of name of a patent agent. |
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42 |
PTA-3 |
Application by a patent agent for alteration of name, address, business address or qualifications. |
Fee:Rs
Patents Ordinance 2000
Application for patent when the true and first
inventor is sole or joint applicant
(Section 13(1)rule 8(1)
(To be accompanied in duplicate by a Provisional Specification
on From P-3 or the Complete Specification on Form P-3A)
Insert (in full)the name I (or we)_______________________________________
Address and nationality _____________________________________________
of the applicant or applicants, hereby declare:
Insert title of the invention. (i) that I am in possession of an invention
For_________________________________________
Insert who is the inventor. ____________________________________________
Said(____________________)claim to be the time and first inventor thereof:
(ii)that
the ___________ invention is not in use in
State here whether the (iii)that the ____ specification filed with this application is ,and any
Specification accompanying this amended specification which may hereafter be filed in this behalf will be , true of the invention to which this application relates;
Form provisional or complete. (iv)that following particulars of my application,
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Description |
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Insert number of sheet of the |
Claim (s) |
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Description. Claim(s) . Abstract. |
Abstract: |
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And Drawing(s) |
Drawing(s) |
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Address for service in
Insert address for
service in
Dated this ___ day of ___ 20___
Signature______________________________________________
Name:_____________________________
Designation:________________________
Address :___________________________
Insert name
designation and
address of the
signatory . in case of
Agent also include To
latest tele- communication Controller of Patents
details The Patent Office
Fee:Rs
Patents Ordinance 2000
Application for patent when the true and first
inventor is Not a party to the application
(Section 13(1)rule 8(1)
(To be accompanied in duplicate by a Provisional Specification
on From P-3 or the Complete Specification on Form P-3A)
Insert (in full)the name I (or we)_______________________________________
Address and nationality _____________________________________________
of the applicant or applicants, hereby declare:
Insert title of the invention. (i) that I am in possession of an invention
For_________________________________________
Insert who is the inventor. ____________________________________________
Said(____________________)claim to be the time and first inventor thereof:
(ii)that
the ___________ invention is not in use in
State here whether the (iii)that the ____ specification filed with this application is ,and any
Specification accompanying this amended specification which may hereafter be filed in this behalf will be , true of the invention to which this application relates;
Form provisional or complete. (iv)that following particulars of my application,
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Description |
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Insert number of sheet of the |
Claim (s) |
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Description. Claim(s) . Abstract. |
Abstract: |
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And Drawing(s) |
Drawing(s) |
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Address for service in
Insert address for
service in
Dated this ___ day of ___ 20___
Signature______________________________________________
Name:_____________________________
Designation:________________________
Address :___________________________
Insert name
designation and
address of the
signatory . in case of
Agent also include To
latest tele- communication Controller of Patents
details The Patent Office
Patents Ordinance 2000
Application for patent when the true and first
inventor is NOT a party to the application
(Section 13 (1) ( rule 8 (1)
Fee-Rs.
I (or we) ___________________________________________________________
___________________________________________________________________
Insert (in full) the name. ___________________________________________________________________
Address and nationality of ______________________________
The applicant or Referred to on the reverse the this document as claiming to be the true and first inventor(s) agree that applicant the said application shall be made with out my (or our ) name (s) as (an ) applicant (s) for a patent.
Dated this ____ day of ____ 20
Name _____________________________________
Designation: ______________________
Address _________________________
________________________________
Insert name
Designation and
Address of the
Signatory.
Name and signatures of two witnesses;
1______________________________
2______________________________
Fee;Rs. Application of patents of addition when the true and first
Inventor is sole or joint applicant
(Section 39)
(To be accompanied in duplicate by a Provisional Specification on
Form P-3 or the Complete Specification on Form P-3A)
I (or We)
_________________________________________________________
_________________________________________________________
Insert (in full ) the name _________________________________________________________
address, and nationality _________________________________________________________
of the applicant or hereby declare:---
applicants. (i) that I am in possession of an invention for_____________________
_________________________________________________________
_________________________________________________________
Insert title of the invention. (ii) that __________________________________________________
Claim to be the true and first inventor(s) thereof:
(iii) that the said invention is an improvement in or modification of my (or our)
State who is or are the inventor invention of which a patent was applied for or the_________________
or inventors. And numbered __________[for which I was/we were the applicants(s)] of
which I am/we are the patentee(s)];
(iv) that the _________________ specification filed with this application is.
State here whether the
specification accompanying this
from is provisional or
complete
Strike out the words and
brackets (and the complete
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specification accompanies this from. |
Description: |
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Insert number of sheets of the |
Claim(s); |
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Description. Claim(s) Abstract. |
Abstract; |
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And Drawing(s). |
Drawing (s); |
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Address for service in
I (or we ) humbly pray that a patent be granted to me (or us) for the said invention and request that the term limited in such further patent for the duration there be the same as that of the original patent or so much that term as is unexpired.
Insert address for
service in
Signature_________________________________________
Name _________________________________________
Designation:____________________________________
Address:_______________________________________
Insert name
designation and
address of the To
signatory in case of Controller of patents
Agent also include the patent office
latest
tele-
Communication
detail.
fee:Rs Application for patent of addition when the true and first
Inventor is NOT a party to the application.
(Section 39)
(To be accompanied in duplicate by a Provincial Specification
on Form P-3 or the Complete Specification on Form P-3A)
I (or we)
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Insert (in full ) the name ,address, and nationality of the applicant or applicants. |
___________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ |
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Insert title of the invention . |
___________________________________________________________________________________________________________________________ hereby declare:-- (i) that I am in possession of an invention for |
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State who is or are the invention or inventors. |
______________________________________________________________ ______________________________________________________________ (ii) that I (or we) (or the said ____________________________) claim to be the assignee of (or the legal representative of)_______________________________ who claim(s) and is (are) believed to be the true and first inventor(s) thereof; (iii) that the said invention is an improvement in or modification of my (or our) invention for which a patent was applied for on the ____________and |
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State here whether the specification accompanying this from is provisional or complete |
Numbered __________ |for which| was /we were the applicants(s)|| of which| am/we are the patentee(s)|; (iv) that the _____________________ specification filed with this application is (and the complete specification) and any amended specification which may hereafter be |
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Strike out the words and brackets and the complete specification )if complete specification. |
(v) that the facts and matters stated herein are true to the best of my (or our) knowledge information and belief. (vi) that following are particulars of my application:-- |
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Description |
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Insert number of sheets of the |
Claim(s): |
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Description ,Claim (s)Abstract, |
Abstract: |
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and Drawing(s) |
Drawing(s): |
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Address for service in
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Insert address for service
in |
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Insert name , Designation and address of the signatory. in case of Agent, also include latest tele Communication details. |
I (or we) humbly pray that a patent may be granted to me (or us) for the said invention and Request that the term limited in such further patent for the duration thereof be the same as that of the original patent, or so much that term as is unexpired. Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
Fee: Rs. Application for patent of addition when the true and first
Inventor is NOT a party to the application
(Section 39)
I (or we) ________________________________________________
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Insert (in full ) the name address and nationality of the applicant or applicants. |
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ referred to on the reverse of this document as claiming to be the true and first inventor (s) agree that the said application shall be made with out my (or our) name (s) as (an) applicant(s) for a paten. |
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Dated this ______________ day of __________________20______ Signature ______________________________________________ Name:____________________________ Designation:_______________________ Address:___________________________ ___________________________ |
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Insert name designation and address of the signatory. |
Name and signature of two witnesses:-- 1. ________________________________ 2. ________________________________ |
Fee: Rs Convention application for patent when the true and first
Inventor is sole or joint applicant
(Section 13(2) (rule 8(2))
(To be accompanied in duplicate by a Complete Specification on Form P-3A)
I (or we) _______________________________________________
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Insert (in full ) the name address and nationally of the applicant or applicants. |
__________________________________________________________________ __________________________________________________________________ _______________________________________________hereby declare:--- |
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(i) that I am (or we are) (or the said _________________) have/has made application (s) for the _______________________________________________________________ in the following Convention countries and on the following official date(s); |
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Insert title of the invention |
Convention Country Date(s) ________________________ ___________________ ________________________ ___________________ (ii) that the invention was
not is use in __________________________________________________________: |
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Insert the name of the Convention country (ies) and official date(s). |
(iii) that the specification filed with this application is and any amended specification which may hereafter be filed in this behalf will be true of the invention to which this application relates; (iv) that the facts and matters stated herein are true to the best of my (or our ) knowledge information and belief. |
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Insert the official date of the earliest Convention application |
(v) that following are particulars of my application:--- |
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Description |
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Claim(s): |
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Abstract: |
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Drawing(s): |
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Address for service in
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Insert number of sheets of the Description Claim(s) Abstract and Drawing. |
I (or we ) humbly pray that a patent may be granted to me (or us ) for the said invention in priority to other applicants and that such patent shall have the date________________ |
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Date this __________________________day of _____________ 20____ Signature _____________________________________________________ |
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Insert address for Service in |
Name:_______________________________________ Designation:_________________________________ Address:_____________________________________ |
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Insert the official date of the earliest Convention application |
____________________________________________ |
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To Controller of Patents The Patent Office |
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Insert name Designation and address of the signatory in case of Agent also include latest tele communication details. |
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Fee: Rs Convention application for patent when the true and first
Inventor is NOT a party to the application
(Section 13(2) (rule 8(2))
(To be accompanied in duplicate by a Complete Specification on Form P-3A)
I (or we) _______________________________________________
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Insert (in full ) the name address and nationally of the applicant or applicants. |
__________________________________________________________________ __________________________________________________________________ _______________________________________________hereby declare:--- |
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(i) that I am (or we are) (or the said _________________) am/are/is the legal representative of _______________________________________________________________ |
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Give name address and nationality of the Convention applicant or applicant |
__________________________________________________________ __________________________________________________________ deceased or the assignee of __________________________________________________________ __________________________________________________________ |
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Insert title of the invention |
Convention Country Date(s) ________________________ ___________________ ________________________ ___________________ (ii) that the invention was
not is use in __________________________________________________________: |
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Insert the particulars of the Convention application on which the priority is based |
(iii) that the invention
was not in use in ______________________________________________________________ (iv) that the facts and matters stated herein are true to the best of my (or our ) knowledge information and belief. |
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Insert the official date of the earliest Convention application |
(v) that following are particulars of my application:--- (vi) that following are particulars of my application-- |
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Description |
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Claim(s): |
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Abstract: |
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Drawing(s): |
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Address for service in
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Insert number of sheets of the Description Claim(s) Abstract and Drawing. |
I (or we ) humbly pray that a patent may be granted to me (or us ) for the said invention in priority to other applicants and that such patent shall have the date________________ |
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Date this __________________________day of _____________ 20____ Signature _____________________________________________________ |
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Insert address for Service in |
Name:_______________________________________ Designation:_________________________________ Address:_____________________________________ |
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Insert the official date of the earliest Convention application |
____________________________________________ |
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Insert name Designation and address of the signatory in case of Agent also include latest tele communication details. |
To Controller of Patents The Patent Office |
Form P-2A Reverse Patents Ordinance, 2000
Fee: Rs. Convention application for patent when the true and first
Inventor is NOT a party to the application
(Section 13(2) (rule 8(2))
I (or we) __________________________________________________
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Insert (in full) the name, Address and nationality of The applicant or applicants |
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ |
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Referred to on the reverse of this document as claiming to be the applicants(s) in the Convention Countries specified in paragraph (ii) hereby state that the applicants(s) who has/have signed his/her name(s) on the reverse of this form is/are my/our assignee(s). |
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Dated this _____________day of __________________20_____ Signature ____________________________________________ |
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Insert name designation And address of the signatory. |
Name________________________________ Designation ___________________________ Address:______________________________ _______________________________ |
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Name and signature of two witnesses:-- 1.___________________________ 2.___________________________ |
Form P-2B Patents Ordinance,2000
Fee: Rs Convention application for patent of addition
(Section 13(2) and 39)
I (or we) __________________________________________________
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Insert (in full) the name address and nationality of the applicant or applicants |
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ |
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Hereby declare:-- |
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Insert title of the invention |
(i) that I am (or we are) (or the said ______________) have/has made application(s) for the protection of an invention for ____________________________ _____________________________________________________ |
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In following Convention countries and on the following official date(s): |
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Insert particulars of the Convention application on which the priority is based |
Convention Country Date(s) ________________________ ___________________ ________________________ ___________________ (ii) that the invention was
not is use in __________________________________________________________: |
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Insert the official date of the earliest Convention application |
(iii) that the said invention is an improvement in or modification of my (or our) invention for which a patent was applied for on the________________ and numbered ________(for which I was/we were the applicants(s)| | of which am/we are the patents(s)|; (iv) that the specification filed with this application is and any amended specification which may hereafter be filed in this behalf will be, true of the invention to which this application relates; (v) that the facts and matters stated herein are true to the best of my (or our) knowledge information and behalf. (vi) that following are particulars of my application |
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Insert number of sheets of the |
Description |
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Description Claim(s) Abstract, |
Claim(s): |
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And drawing(s). |
Abstract: |
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Drawing(s): |
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Address for service in
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Insert address for service
in |
I (or we) humbly pray that a patent may be granted to me (or us ) for the said invention in priority to other applicants and that such patent shall have the date _____________ and request that the term limited I such further patent for the duration thereof be the same as that of the original patent, or so much that term as is unexpired. |
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Insert the official date of the earliest Convention application |
Dated this _________ day of _______________20___ Signature ____________________________________ |
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Insert name, Designation and Address of the Signatory. In case of Agent also include Latest tele communication Details. |
Name:______________________________________ Designation:_________________________________ Address:____________________________________ ______________________________________________ |
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To Controller of Patents The Patent Office] |
Fee : Rs Convention application for patent of addition when
The true and first inventor is NOT a party to the application
(Section 39 and 13(2))
(To be accompanied in duplicate by a provisional Specification on
Form P-3 or the Complete Specification on Form P-3A)
I (or we)
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Insert (in full ) the name ,address, and nationality of the applicant or applicants. |
___________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________ |
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hereby declare:-- (i) that I (or we) for the said __________________________) am /is/are the legal representative of____________________________________ |
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Give name address and nationality of the Convention applicant or applicants. Insert title of the invention |
Deceased or the assignee of _______________________________________ (ii) that __________________ has (or have) jointly with me/us) ___________________________________________________________ in the following Convention countries and on the following official date(s); |
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Insert particulars of the Convention application on which the priority is based. |
Convention Country Date(s) ___________________ ____________________ ___________________ ____________________ |
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Insert the official date of the earliest Convention application. |
(iii) that the invention
was not in use in Before the _______________________________________________ (iv) that the said invention is an improvement in or modification of my (or our) invention for which a patent was applied for on the _____________________ and numbered ____________(for which I was/we were the applicant(s) [of which I am/we are the patentee(s); (iv) that the specification filed with this application is and any amended invention to which this application relates; (v) that the facts and matters stated herein are true to the best of my (or our) knowledge information and belief. (vi) that following are particulars of my application. |
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Description |
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Insert number of sheets of the |
Claim(s): |
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Description ,Claim (s)Abstract, |
Abstract: |
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and Drawing(s) |
Drawing(s): |
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Address for service in
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Insert address for service
in |
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Insert name , Designation and address of the signatory. in case of Agent, also include latest tele Communication details. |
I (or we) humbly pray that a patent may be granted to me (or us) for the said invention and Request that the term limited in such further patent for the duration thereof be the same as that of the original patent, or so much that term as is unexpired. Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
The true and first inventor is NOT a party to the application
(Section 39 and 13(2))
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Insert (in full) the Name address and nationality of the applicant or applicants |
I (or we) ______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ |
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Referred to on the reverse of this document as claiming to be the applicant(s) in the Conventuion Countries specified in paragraph )ii) hereby state that the applicant(s) who has/have signed hid/their name(s) on the reverse of this form is/are my our assignee(s). |
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Insert name Designation and address Of the signatory |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ Name and signatures of two witnesses:-- |
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1._____________________________________
2._____________________________________ |
(Section 14)
(To be supplied in
duplicate with Forms P-1, P-1A, P-1B or P-
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Insert title verbally Agreeing with that in the application form |
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert (in full) the name address and nationality of the applicant or applicants |
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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The following specification particularly describes the nature of this invention:-- |
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Here begin description of the nature of the inventio. |
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Form P-3A Patents Ordinance 2000
(Section 14)
(To be supplied in
duplicate with Forms P-2, P-2A, P-2B or P-
or
Forms P-1, P-1A, P-1B or
P-
(if a Provisional Specification is not accompanying)
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Insert title verbally Agreeing with that in the application form |
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert (in full) the name address and nationality of the applicant or applicants |
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Description |
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Insert number of sheets of the |
Claim(s): |
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Description ,Claim (s)Abstract, |
Abstract: |
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and Drawing(s) |
Drawing(s): |
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Address for service in
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Insert address for Service in |
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The following specification particularly describes and ascertains the nature of this invention and the manner in which it is to be performed:-- |
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Here begin full description of the nature of the invention |
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Form P-4 Patents Ordinance 2000
Fee: Rs Application for extension of time/postponement of normal acceptance
(Sections 16(6), 27(3), 32(2), 88(1)
& rules 8(8) 14(6), 14(7), 21(2), 24(3), (62)
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Hereby apply for ___ months of time under following provisions of the Ordinance or the Rules:--- |
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__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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The reasons for making this application are as follows:-- |
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__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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My (or our ) address for
service in |
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Insert address for service
in |
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Insert name Designation and address Of the signatory |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-5 Patents Ordinance 2000
Fee: Rs Application for deletion of a reference
(Sections 17(6), (rules 15(2))
(To be accompanied in duplicate by a copy of
the direction issued under section 17(1))
Insert particulars of the IN THE MATTER OF
case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Hereby apply for ___ months of time under following provisions of the Ordinance or the Rules:--- |
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__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert the facts relied upon |
The facts relied in support of the application are as under :-- |
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in support of the application |
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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My (or our ) address for
service in |
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Insert address for service
in |
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Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-6 Patents Ordinance 2000
Fee: Rs Application for substitution of applicant
(Sections 18(1), (rules 16(1))
Insert particulars of the IN THE MATTER OF
case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Hereby apply for ___ months of time under following provisions of the Ordinance or the Rules:--- |
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__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert in whose name the application is presently pending |
I (or we) claim to be so entitled by virtue of _______________________________ _________________________________________________________________ _________________________________________________________________ |
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Specify particulars of such documents giving its date and the parties to the same and showing how the claim there made is substantiated |
And in proof whereof I (or we ) transmit the accompanying _______________ with an attested copy thereof. |
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My (or our ) address for
service in |
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Insert address for service
in |
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Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-7 Patents Ordinance 2000
Fee: Rs Notice of Opposition
(Sections 23)(rule 18(1)(a), 25(4) 27(2) 28(4) & 31(3))
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Hereby give notice of my (or our) intension to oppose:--- |
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Strikeout whatever is not applicable |
(a) Under section 23 the grant of a patent application No____________ (b) Under rule 25(4) against restoration of the lapsed patent No.____________ (c) Under rule 27(2) against surrender of the patent No._____________ (d) Under rule 28(3) against amendment of the accepted patent application No.__________________ (e) Under Rule 31(3) against the correction advertised under section 51(4) in respect of application for patent No.________________________ (f) Under_______________________________________ |
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Insert ground of the opposition |
The grounds of my (or our) opposition are as follows:--- _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ |
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My (or our ) address for
service in |
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in |
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Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-8 Patents Ordinance 2000
Fee: Rs Notice of intension to attend hearings
(Sections 23)(rule 18(10))
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert date of the hearing |
Hereby give notice that the hearing in the above referenced matter fixed on________ day of ________20 ____ will be attended by my self (or ourselves ) or by some person on my (or our) behalf. |
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My (or our) address for
service in |
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in |
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Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-9 Patents Ordinance 2000
Fee: Rs Application for third party observation
On patentability.
(Sections 24)(rule 19(1)(a))
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case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert observation |
Hereby give make following observation on the novelty of the above referenced patent application. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ |
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My (or our) address for
service in |
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Insert address for service
in |
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Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-10 Patents Ordinance 2000
Fee: Rs Request for sealing.
(Sections 27(1) (rule 21(1))
Insert particulars of the IN THE MATTER OF
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert address for service
in |
Desire to have a patent
sealed on my (or our) application referenced above and request that the following
address may be entered on the register as my (or our) address for service in _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ |
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Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-11 Patents Ordinance 2000
Fee: Rs Application for the amendment of a patent
Granted to a deceased person
(Sections 28)(rule 23)
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case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert in whose name The application is presently pending |
Hereby give notice that you substitute my (or our) name(s) as applicant(s) in respect of the above referred patent application presently pending in the name of ____________________ __________________________________________________________________ |
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Specify particulars of such document giving its date and the parties to the same and showing how the claim there made is substantiated Insert the nature of the document |
I (or we) claim to be so entitled by virtue of _________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ And in proof whereof I (or we) transmit the accompanying _____________________with an attested copy thereof. My (or our) address for
service in |
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Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-12 Patents Ordinance 2000
Fee: Rs Applicant for renewal of patent.
(Sections 32) (rule 24(1))
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case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert address for service
in |
Hereby leave the prescribed fee of Rs.________________________for payment of ___________ annuity in respect of the above reference patent. |
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Insert date on which the annuity is falling due |
The said annuity is falling due on ______day of ________20______ My (or our) address for
service in |
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Insert address for service
in Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-13 Patents Ordinance 2000
Fee: Rs Applicant for restoration of patent.
(Sections 45(1) (rule 25(1))
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert detail of the patent Insert date on which the annuity was due |
Hereby apply for an order of the restoration of the patent No.____________ dated the _____________________day of _________20_____granted to |
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The circumstances which have led to the omission to pay the fee of Rs.____________on or before the __________day of ___________20__ are as follows:---- |
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The circumstances must be stated in details |
I (or we) declare that I(or we) have not assigned the patent to any other person and that the facts and matters stated herein are true to the best of my (or our) knowledge information and belief My (or our) address for
service in |
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Insert address for service
in Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-14 Patents Ordinance 2000
Fee: Rs Applicant for revocation of patent.
(Sections 47) (rule 26(1))
Insert particulars of the IN THE MATTER OF
case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Hereby give notice of my (or our) intention to revoke the above referenced patent granted (or sealed) in the name of |
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Insert name of the person in whose name the patent was granted |
The grounds of my (or our) revocation are as following:-- ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ |
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Insert grounds of revocation in details |
My (or our) address for
service in |
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Insert address for service
in Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-15 Patents Ordinance 2000
Fee: Rs Applicant for surrender of patent
(Sections 49) (rule 27(1))
Insert particulars of the IN THE MATTER OF
case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Insert number and date |
Hereby offer to surrender the above referenced patent dated ________day of __________20_________ granted to _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ |
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Insert name of the person the said patent was granted |
I (or we) declare that no action for infringement or for the revocation of the letters patent in question is pending before a Court |
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Insert grounds of revocation in details |
My (or our) address for
service in ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ |
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Insert address for service
in Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
I(or we ) declare that the facts and matters stated herein are true to the best of my(or our) knowledge. Information and belief. Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-16 Patents Ordinance 2000
Fee: Rs Application for amendment of pending specification/accepted specification
(Sections 42(3)) (rule 28(1 and 2))
Insert particulars of the IN THE MATTER OF
case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Seek leave to amend the accepted specification for Patent No ___________dated ______ as Shown in bold and underlined in the copy hereunto annexed. |
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Insert number and date |
I (or we) declare that no action for infringement or for the revocation of the letters patent in question is pending before a Court |
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Insert grounds of revocation in details |
My (or our) address for
service in ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ |
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Insert reasons Insert address for service
in Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
I(or we ) declare that the facts and matters stated herein are true to the best of my(or our) knowledge. Information and belief. My (or our) address for
service in Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Form P-17 Patents Ordinance 2000
Fee: Rs Application to amend specification when the
Amendment is made to meet an objection
Contained in an examiner report
(rule 28(8))
Insert particulars of the IN THE MATTER OF
case
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Insert (in full) the name address and nationality |
I (or we) __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ |
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Seek leave to amend the accepted specification for Patent No___________dated ______ as Shown in bold and underlined in the copy hereunto annexed. |
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Insert number and date |
We attach a copy of the amended specification along as well copy of the as “as filed ” specification. My (or our) reasons for making this amendment is to meet the objection contained in the Examiner Report dated _____________day of _________20_______ |
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My (or our) address for
service in ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ |
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Insert date of the Examination Report Insert address for service
in Insert name Designation and address Of the signatory. In case of Agent also include latest tele communication details |
I(or we ) declare that the facts and matters stated herein are true to the best of my(or our) knowledge. Information and belief. My (or our) address for
service in Dated this ____________________day of ___________________20_____ Signature __________________________________________________ Name ________________________ Designation ___________________ Address:______________________ ____________________________________ |
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To Controller of Patents The Patent Office |
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Patents’ and
Designs’ Act, 1911
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