Patents (Appeals and Applications to the IPAB) Rules, 2011
Whereas the draft of the Patents (Appeals and Applications to the Intellectual Property Appellate Board) Rules, 2010 were published as required by sub-section (3) of Section 159 of the Patents Act, 1970 in Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), dated 20th August, 2010, vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) Number G.S.R. 690(E), dated 18th August, 2010, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five 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 notification were made available to the public on 27th August, 2010;
And whereas the objections and suggestions received from the public 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), the Central Government hereby makes the following rules, namely
Section 1. Short title and commencement
(1) These rules may be called the Patents (Appeals and Applications to the Intellectual Property Appellate Board) Rules, 2011.
(2) They shall come into force on the date of their final publication in the Official Gazette.
Section 2. Appeals and Applications
The manner of making appeals and applications and the forms of appeals and applications to the Appellate Board and the manner of verification thereof shall be as provided in the First Schedule.
Section 3. Condonation of delay in filing appeal
Subject to the rules, if any, made in that behalf by Appellate Board any appeal under Section 117-A of the Patents Act, 1970 may be admitted after the prescribed period, if the Appellate Board is satisfied on a petition made to it in Form, 3 that there is sufficient cause for not preferring the appeal within the prescribed time.
Section 4. Fees
The fees for filing appeal, application petition for condonation of delay before the Appellate Board shall be as provided in the Second Schedule which shall be paid by way of bank draft drawn in favour of the Deputy Registrar, Intellectual Property Appellate Board, payable at Chennai.
(See Rules 2 and 3)
| Sl. No. |
Rules of the Patent (Appeals and Applications to the Intellectual Property Appellate Board) Rules, 2011 |
Title |
Form Number |
| 1 |
2 |
3 |
4 |
| 1. |
Rule 2 |
An appeal under Section 117-A from any decision, order or direction of the Controller or Central Government. |
Form 1 |
| 2. |
Rule 2 |
Application under Section 64 for revocation of a patent or application for rectification of the register under Section 71 or both |
Form 2 |
| 3. |
Rule 3 |
Application for condoning the delay in filing appeal. |
Form 3 |
2[Form 1
[See Rule 2]
BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD
APPLICATION FOR REVOCATION
ORA No.
.png)
(In the matter of .)
| 1. Name of Applicant |
: |
| 2. Address |
: |
| 3. Name of Counsel and address |
: |
| 4. Name(s) of Respondent (s) with address [In case of foreign respondent(s), the address for service in India, if any, may be furnished] |
: |
| 5. Relief claimed and relevant Sections |
: |
| 6. Particulars of parallel or collateral proceedings |
: |
| 7. In application for revocation of Patent (details of impugned patent-date of grant, title of patent complete specification) |
: |
| 8. Facts of case (set out facts in brief along with the evidence and the documents relied on) |
: |
| 9. Grounds on which relief is Sought for (in brief) |
: |
| 10. Details of fees |
: |
| 11. Prayer |
: |
| 12. Affidavit as below, in support thereof |
: |
| Dated this . Day of . |
|
| Place |
Signature of the applicant |
List of documents:
The proof affidavit along with the documents shall be filed.
[For example,
Annexure-1: Copy of Certificate/order obtained by the respondent in respect of impugned patent.
Annexure-2 and so on:
Other documents.]
AFFIDAVIT
BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD
Case No.
(In the matter of .)
.
Cause title:
Applicant
vs.
Respondent
Shri .. son of aged at .. residing at .. do solemnly affirm and declare as under
Xxx
Xxx
Deponent
Verification
I . (name of deponent/of . Nationality, resident of ) do hereby verify that the contents of paras to . are true to my/our personal knowledge and paras . to are believed to be true on legal advice and that I/we have not suppressed any material fact.
Dated this day of
Place ..
Signature of the Deponent]
3[Form 2
[See Rule 2]
BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD
APPEAL
O.A. No.
(Appeal arising out of .)
..
Cause title:
Appellant/(rank of party before the Registry, if any)
vs.
Respondent/(rank of party before the Registry, if any)
The appellant abovenamed, prefers the appeal under Section 117-A, against the order dated .for the following among other grounds:
(a)
(b)
(c)
(d)
Limitation
For the above reasons, it is prayed ..
Affidavit, as below, in support thereof:
Dated this . Day of .
Place ..
Signature of the appellant
AFFIDAVIT
BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD
Case No.
(In the matter of .)
.
Cause title:
Appellant
vs.
Respondent
Shri .. son of aged at .. residing at do solemnly affirm and declare as under
Xxx
Xxx
Deponent
Verification
I . (name of deponent/of . Nationality, resident of ) do hereby verify that the contents of paras to . are true to my/our personal knowledge and paras . to are believed to be true on legal advice and that I/we have not suppressed any material fact.
Dated this day of
Place
Signature of the Deponent]
4[Form 3
[See Rule 2]
BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD
(Application for condoning the delay in filing Appeal under Section 117-A of the Patents Act, 1970)
M.P. No.
(In the matter of .)
| 1. Name of Petitioner/Appellant |
: |
| 2. Address |
: |
| 3. Name of Counsel and address |
: |
| 4. Name(s) of Respondent (s) with address [In case of foreign respondent(s), the address for service in India, if any, may be furnished] |
: |
| 5. Period of delay |
: |
| 6. Grounds |
: |
| 7. Prayer |
: |
Affidavit, as below, in support thereof
Dated this . Day of .
Place .
Signature of the petitioner
AFFIDAVIT
BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD
Case No.
(In the matter of .)
.
Cause title:
Appellant
vs.
Respondent
..
Shri son of aged at .. residing at . do solemnly affirm and declare as under
Xxx
Xxx
Deponent
Verification
I . (name of deponent/of . Nationality, resident of ) do hereby verify that the contents of paras to . are true to my/our personal knowledge and paras . to are believed to be true on legal advice and that I/we have not suppressed any material fact.
Dated this day of
Place
Signature of the Deponent]
[See Rule 4]
| Sl. No. |
Description |
Fees |
Corresponding Form Number |
|
| For natural person |
For other than natural person either along or jointly with natural persons |
|||
| (1) |
(2) |
(3) |
(4) |
(5) |
| 1. |
Application for revocation/rectification |
Rs. 5000 |
Rs. 10,000 |
Form-1 |
| 2. |
For filing Appeal |
Rs. 5000 |
Rs. 10,000 |
Form-2 |
| 3. |
Petition for condonation of delay |
Rs. 2500 per month or part thereof |
Rs. 5000 per month or part thereof |
Form-3] |
1. Ministry of Commerce and Industry (Deptt. of Industrial Policy and Promotion), Noti. No. G.S.R. 209(E), dated March 11, 2011, published in the Gazette of India, Extra., Part II, Section 3(i), dated 11th March, 2011, pp. 8-13, No. 130.
2. Subs. by G.S.R. 312(E), dt, 16-5-2013 (w.e.f. 16-5-2013).
3. Subs. by G.S.R. 312(E), dt. 16-5-2013 (w.e.f. 16-5-2013).
4. Subs. by G.S.R. 312(E), dt. 16-5-2013 (w.e.f. 16-5-2013).
5. Subs. by G.S.R. 312(E), dt. 16-5-2013 (w.e.f. 16-5-2013).