Patent Rules

S.O.493(E).-WHEREAS certain draft rules were published in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) vide notification of the Government of India in Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide Number S.O. 1018(E) dated the 20th September, 2002, in Part II, Section 3, sub-section (ii) of the Gazette of India, (Extraordinary) dated 20th September, 2002 for inviting objections and suggestions from persons likely to be affected thereby before expiry of a period of thirty days from the date on which copies of the Gazette containing the Notification were made available to the public; AND WHEREAS the copies of the Gazette containing the said Notification were made available to the public on 3rd October, 2002. AND WHEREAS objections and suggestions received from the public on the said draft rules have been considered by the Central Government; Now, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970) and in supersession of the Patents Rules, 1972 published in the Gazette of India, vide S.O. 301(E) dated 20th April, 1972 in Part II, Section 3, sub- section (ii), except as respect things done or omitted to be done before such supersession, Central Government hereby makes the following rules, namely:—

PART I – PRELIMINARY

1. Short title and Commencement

—(1) These rules may be called the Patents Rules, 2003.

(2) They shall come into force on the date on which the Patents (Amendment) Act, 2002 comes into force.

2. Definitions.

— In these rules, unless the context otherwise requires,

— (a) “Act” means the Patents Act, 1970 (39 of 1970);

(b) “appropriate office” means the appropriate office of the patent office as specified in rule 4;

(c)”article” includes any substance or material, and any plant, machinery or apparatus, whether affixed to land or not;

(d)”Form” means a Form specified in the Second Schedule;

(da) “Person other than a natural person” shall include a “small entity”;

(db) “Request for examination”‖ means a request for examination, including expedited examination, made under section 11B in respect of rule 24B or rule 24C;

(e) “Schedule” means Schedule to these rules;

(f) “section” means a section of the Act;

(fa) ”small entity” means,

— (i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and

(ii) in case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for medium enterprises under clause (b) of sub-section (1) of Section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006).

Explanation 1. — For the purpose of this clause, “enterprise” means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engaged in providing or rendering of any service or services in such and industry.