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3004109 REGD. NO. D. L.-3300499 hy SISTA The Gazette of Gudia SraTaTTOT EXTRAORDINARY ATT aU 3—39-WUE (ii) PART I1—Section 3—Sub-section (ii) nftreere & wert PUBLISHED BY AUTHORITY R906) “ag Paced, airerere, arte 23, 2013 Aue 3, 1935 No. 906} NEW DELHI, TUESDAY, APRIL 23, 2013/VAISAKHA 3, 1935 anftrsa ate sabe Harare (Gitar AR atte seact Pern) afer ad fee, 23 ste, 2018, I. MT. 1029(%).— Be sfOPaH, 1970 (1970 a 39)e are 199 greI Weed TARA oT sit wat gy after ured Pam, ga aateat a, Rok GY wont a a eae 2, wa atta @, Pree afters are wera A aftal overeat at arora arf mg ef ee fea raft A anf gE nt ote Gera area et Arq are a eToTTS, RRMA, IL aes 5, Save GA ae Ae, eT Marea (stares AM ote aks Aen) wh ETAT ‘Hear on. 109 (9), aren 17 GevaA, 2013 are eft Pe AE she samt ater are Tore Bh affect arta 17 Sera, 2019 BY oer a TFET ae & mg et he sae reve Prat & idee A get oor wt oreo Bah mae a gaa ures Hl ga sa ie, dates OTE, Ae Pram, 1970 (1970 BT 39) A eer A59 greT Ree NAAT aT wT vod gy, Be Pram, 2003 aT otk Wehr wet & fay Pesiaae Pam ear @, oral 40) 9 Prenton eer ot ae (enter) Pram, 2013 81 2) 2 a arta at sagen ett oh eda areas eA A ora gre Peet 2. Wee Fram, 2003 (Fort eed gas cee get Prom wer arg) S Pram aT ‘aa—Pram (2) Prefertan su—Prom sia: genta Pen ore, serie, “@) sa-fran 2) 4 staftee fat ar att Ey Af Paam dee & fey ga TOR wigs smtes aenftee dee arate & aera wafers aT arer erates a sah wR aa 1645 G/2013 ay THE GAZETTE OF INDIA : EXTRAORDINARY (Paar iI-Sec. xii) (4) sa-Prer (1) 4 sia Pare aro Bay eA RPE A aT 16 A Pe ote onde, ae wee after after arate erga fear oA eT kee (Fei) Pay, 2013 3 oR Sy oR tafe ater Sey aTai A As aftr BH are 16 3 Pee fe orafara a orgs wh otk anteat a TEA aAtaRtra odes Bryhn aratera ah eter fre ET | 3 saa Pram @ Prat 9 8 xert we Prater Prom var aire, see, — rearta ath vital onft ar wea Pen orn sire 2 axe fg me aaa ae tanPeat & Rera eoh Teend ae art if eu afreret Ta gy ee safe wen) A wR-R-TH 0.28 Aether Tea gent A orm S dae We A ew AA aT oth ore A oe ow Pree ar arqera 4 et) cf aerat after eb, ae ahhh ot ara, aye, Ret, sree get Rare, Ge ore Ft ate 21 déthter avand—etarg &, fern’ eid atte aTa—sea a ate en Ha ote TARA ate 3 ees wr Ht BISA ET a Oe 4 srfte sensi FH Prae wa 8 eaaifee abit ee are et ae on i wee aah the ug 49433 fagilie Z Heh i : a ‘ z i ats aa uy m ] | iy i q 2 3 5) sarc een ai eafral arm ote aa, erat regia ate Re se Affe, afk et, oA eer 2g arora a, are pt we 4 at ore 4 wet Pant @ free a7 4, we (@) 3 weed Prafafed ae staenfta fey area, (a) “ute softerty & Pras sow a ve-fram (1) fhe anette ome eta reteset afer &, (ea) srrensia ante 8 fee oe Se Sos ow area aed afi ea) at siertr Fron wom & efron () Afb eta arenes wht 5. 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(Par tte. 3i)] (11) aet oat ar eae re ee ee omteas ab aftarg ater ares ae a omy reer tr mee ator Rtd at ga aft 2 a0 1 (6) # Bite queen oh cw wt abe HRT a arcs Per PRAT Prom a3 OTE, + Bian te A ew ah eaten opto ae ee aft ore ot ed RF whe eT Babette araereoreneratia ote @ eee we fet at ge a ate Tae anh faPramt & arqere sea Za aT att (0) seereergtey areas taser A ain, SR a onder ar oa aA Bondy way Ty AAPaed A RARE et ae ah Teh (2) o-Prom (1) A PAAR a ah ara eee A ng vit A cen A, ue AAT TEM Ph 2 el 6 fe WA Seer es er ate Ae fT eT wtieoraat wiftort st ada ote — adam softens at wea ate, GAS ohy Pte Bhent ee ea & ate sil sry # wee Uh eh a. AT wed A Ae Prat, gat WAR ote a ony RAPT A AARC det & orga So wh unre when dq fat we wrfardl— () ttn ater aarerata fi der ay tr sre ath oe a after gift eres after wenfere act A were #, aeuMT rw anette /amg Gr wart ae te canten at senensta opt at sitter ae (2) ret Ret safteordy srereeretia asa ar arereeregier wreftes trent aimee awed A aE Soh aa witert gee ae reste te we Br ©. seereeregta wrens after uf —(1) Prom 26 a Bw Pham (a) Awe) eqD A vette eh as Boa ae A, Gham aitenh ga aA ote ged onl BAe a afafhe ede & orga ornate a, nett area a afer ROT 3 ee wT Ai @ apargere aera Aa wg fig (A wot A ola 8 aR AGA aaa aA oR B afee Ge srrrearag eft ery aAhten dare wet @ Fare Aref ers an iO aA Te 73: SHORT fg) wh Tee Pega Pea ora aan fae MAM 2) 9m snftaoe w were A ark rr ae ahd srereergfia att Rute dave ah a ag fas Sree seh aero et (0) sar stan aft a Rreme awee BA (om tars 3040) Sr Ta; aE 5 19, ” 1. (co) ae orereerefia otet aa feet aay a eae & fhreT ae ereeTegtr Pe Eero eT ay akg arereegia aren wero atanfrer ae a raza Et, ohe sa Pete Are A, ta caer & Pe a Bont PaPraat Pram 13 A sine aaa Bt yearn Barter a aR ae wee ate ae was a seer sees Rt ar pra wea SARE MABE eT reer 8, Te ante ah a atte ont ate (@) oH 8 eH Uw aaa Pres PMA wee ot ve GReT Rae a aa A & ore aa (@) 3a Bre wy Pike ate Rat fey om arenes ointes ah antes Beare Bh onten at arga ah eM ET TAT TT (9) artes at sre at atten ca aT BAe iba aT orgEROT aA fe yee, (@) tite often ata a cen at waitin wt ae ontew en Parad a, athe (3) antes at oben otter 8 Tw AA se wee A aT TENT aN a fare ariPaer orton ohy area orga A mene apres A oA arch oR aT et erm (6) akg snkew ore a a pre were wee we a FA TT BT gw ens ae Heres wet By A ara sea sabes Are BH ardeah w GRT aT BT A wie ian Fe A eM artes By () su Pram (6) 3 PAR: fers at har Pres are aft ga gata APART Ter Pat ‘amet (0) Se Pram (7) ee ait Gastar MR eH oT a ater mt oe THE OPT ferent & ffe sea arta at ita dre aA got ar onthe afte er ae eT) 0) ae so Pram 6) # Pie gaat aR ae wre & A we Geka Pret en at coer ah aare ter ae we eT TET | 8, araeerefia arefire wher ufrder went wet By era eT ate TAO aT ~ cremate aTePtay ther fest wea ae aA eral ahh i, for enter @ arora are, at fi, seem areas har ren wet @ flog HF ont AAP Pram 91 @ anit Rie ae Ao AE iii, ge aA @ onda PAPE & Pram s52 BF aed Ren OT a TTT aE My SETS oe a fea aw: are, a AA are A aware eter 21 2 srerergtia urefires eter ufrdea wr urbe cter witar® orate ahs after ah ca of ote Gee orgerera, aR ahd A, area Bt a ate CH UA ante a ah Rea ots sb = areeh af feat ate atin -ontea gr wea he ga aR A AAR et aT AS on FaPtant A Re Reet ate ah Ae orate eT ome aR A he KE HET sage fe oar ee rar ey, Per aT any ae FAT TCT sas Prom @ Prot a7 8 ste eR mee Ser “an ote why gba gee wa Ta ag, vem Prat Pre 198 8. warm (1) 2, Prt 2g wae, ae ae AR BIT ‘go Pareto oveer 3, PI zeae wre, fas oA Here OTe 1645 GT}i>— > THE GAZETTE OF INDIA : EXTRAORDINARY. (Par tl—sec. Hii) 9 Sar Prat a age anph ote swe walt whey & ora Prieta aR ak ufifteat aaenfte a areft, wefq: — vail arpa [Prev 19 (2), 19 & (1)(@), 19 G(s), 19% (12), 19%, 19¢(6) Ze] wi [aw wae Qe haley & sta |vaq af S[uqa afer a wen | 2003 3 Yana sada, aft | FaPrAT | fre fra at at xed at a) aire Pro an age artes & { any vga ou 4 ) @ ® @) ) — — (era 4) a) 1_ [aa aa Fran ves @) 2500 10000 2. [fr @ aie -attiteer | Pan «0.2 2500 ‘000 a 3, | Ban 19 @ &) wer 19 1G) B| Pam a2 @) Oe 71000 “4000 adr stare te ___|683 (3) _ . A arePiae weer tt Prati 50 3000 72000 5. | Fra 19 @) & oa afer | Praw oa 3000 72000 oe 6 | met ater ah ae area | 7500 7000 | ara arr | arenes ar Read are at anh t 7, [Pan ie G) Fa a 500 10000 area ah saree are orereergia aha fete ta | sont t _ ee 6 | serena ah a wee BY art | Fae oy aS aT wy a Aaa auch arte a a aga a gen APRA @ | Paes magia Phe fan is ame = 1000] 00 1) wr | agime, 123 (8), } 12a (8) _ 70, | Rare gaat Fa [Frat se dante, [aS aaa wary ay Ra oR | 2. 16 dondyae _ TH | ae ater ae ae ake 2 Panes) “ooo a0 stort at J (em. a. 14/1,/2008-arbthsire—ttt] 8. & ware, agar afte feat op Fe my fren some 8 ofp is a fo) vbr, rents fry ay ate Preres aeereat igee eeeatt arate, Pg arg i, -& an rate (a), artter 28 Para, 2008; ii, a om. osr (6), entrar s mE, 2006, ate ii, a a. zzae (a), antes a5 Rrra, 2012 [99 98 300) a INIT 7 MINISTRY OF COMMERCE AND INDUSTRY {Department of industrial Policy and Promotion) NOTIFICATION New Delhi, the 23 april, 2013. 5.0.1029 (E).—WHEREAS, certain draft rules were published in exercise of the powers conferred by section 159 ofthe Patents Act, 1970(39 of 1970), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), bearing number $.0. 189 (E) in Part I, Section 3, sub-section (i) of the Gazette of india, Extraordinary, dated the 17 January, 2013, for inviting objections and suggestions from persons likely to be affected thereby before the expiry ofa period of fifteen days from the date on which copies of the Gazette containing the notification w ‘made availabe to the public [AND WHEREAS, the copies of the Gazette containing the said notification were made available to the public on the 17" January, 2013; [AND WHEREAS, no objection or suggestion has been received from the public on the said draft rules, by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely- 1. (1) These rules may be called the Patents (Amendment) Rules, 2013. (2) They shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, 2. Inthe Patents Rules, 2003 (hereinafter referred to as the said rules}, in rule 4, in sub-rule (2), the following sub-rules shall be inserted, namely: “(3) Notwithstanding anything contained in sub-rule (2), the Controller may transfer an application for patent sofiled, to head office or, as the case may be, branch office of the Patent Office. (4) Notwithstanding anything contained in sub-rule (1), further application referred to in section 16 ofthe Act, shallbe fled atthe appropriate office ofthe fst mentioned application only. (5) All further applications referred to section 16 of the Act filed in an office ather than the appropriate office of the fist mentioned application, before the commencement of the Patents (Amendment) Rules, 2013, shall be transferred to the appropriate office of the first mentioned application.” 3. Forrule 9 of the sald rules, the following rule shall be substituted, namely:- “9, Fling of documents and copies, etc. (1) All documents and copies of the documents, except affidavits and drawings filed with patent offic, shall (a) be typewritten or printed in Hind or English (uniess otherwise dtected or allowed by the Controller) in large and legible characters not less than 0.28 centimetre high with deep indelible ink with lines widely spaced not less than one and half spaced only upon one side ofthe paper; {bo} be on such paper which is flexible, strong, white, smooth, aon-shiny, and durable of size Ad of approximately 29.7 centimetre by 24 centimetre with a margin of at east 4 centimetre on the top and left hand part and 3 centimetre on the bottom and right hand part thereof; (c) be numbered in consecutive Arabic numerals in the centre ofthe bottom ofthe sheet: and {4} contain the numbering to every fifth line of each page ofthe description and each page ofthe claims at sight half ofthe teft margin, 8 THE GAZETTE OF INDIA : EXTRAORDINARY [Part tl—Sec. 3¢i)} {2) Any signature which is not legible or which is written in a script other than English or Hindi shall be accompanied by a transcription of the name either in Hindi or English in capital letters. (3) Incase, the application for patent discloses sequence listing of nucleotides or amino acid sequences, the sequence listing of nucleotides or amino acid sequences shal be filed in computer readable text format along with the application, and no print form of the sequence listing of nucleotides or amino acid sequences is required tobegiven. (4) Additional copies of all documents shall be filed at the appropriate office as may be required by the Controller. (5) Names and addresses of applicant and other persons shall be given in full together with their nationality ‘and such other particulars, if any, as are necessary for their identification." 4. Inrule 17 of the said rules, after clause (a), the following clauses shall be inserted, namely:- “(a9) “Examining Authority” means the Indian Intemational Preliminary Examining Authority referred to in sub-rule (1) of rule 19F; (ab) “International Bureau” means the international Bureau of World Intellectual Property Organisation; (ac) "Searching Authority” means the Indian international Searching Authority ceferred to in sub-rule (1) of rule 194," 5. Forrule 18 of the sald rules, the following rule shall be substituted, namely: — “18. Appropriate office in relation to International applications. the elected office, as the case may be, for the purposes of international applications shall be the appropriate office (1) The receiving office, the designated office and referred toin rule 4 {2} Notwithstanding anything contained in sub-rute (1), the Patent office, Deihi branch shail be the appropriate office for dealing withthe international Bureau and any other International Searching Authority and international Preliminary Examining Authority. : (3) An international application shall be fled at and processed by the appropriate office, referred to in sub-rule (1) in accordance with the provisions of this Chapter, the Treaty and the cegulations under the Treaty (41 The appropriate ofice referred to in sub-rule (1), shall, on receipt of an international application, {2} keepone copy ofthe application to be called the “home copy” init office; {b) transmit one copy to be called the “record copy” to the International Bureau; and (cl transmit one copy to be called “Search copy’ to the competent international Searching Authority referred ton Article 16 ofthe Treaty, ‘And simultaneously furnish complete details of such application tothe Patent Office, Delhi branch,” {6 For rule 19 of the said rules, the following rules shal be substituted, namely: — “19. international applications filed with appropriate office as receiving office. — (1) An international application shall be filed with the appropriate office in triplicate either in English ar Hindi language. (2) The fees payable in respect of an international application shall, in addition to the fees specified in the regulations under the Treaty, be the fees as specified in the First Schedule and the Fifth Schedule. (3) Where an international application has not been filed in tipicate, the appropriate office shall, upon payment of fees specified in the First Schedule, prepare the required additional copies. (4) On receipt of a request from the applicant and on payment of the fees specified in the First Schedule, the appropriate office shall prepare a certified copy of the priory document and promptly transmit the same to the International Bureau and intimate the applicant and the Patent Office, Delhi branch,” (em wea sci) We BH ETT 9 419A, indian international Searching Authorty.~(1) The Patent Office, Dehi branch shall perform the functions of the Indian international Searching Authority under the treaty in accordance with an agreement between the indian Patent Office and the International Bureau. (2) The fees payable to the Searching Authority shall in adsition tothe fees specified inthe regulations made under the Treaty be the fees as specified inthe Fifth Schedule. (3) The Searching Authority referred to in sub-rule (1), shall estabish international search report in respect of international applications, or, asthe case may be, declare in accordance with sub-rule (3 of rule 198, in cases where India has been indicated as a competent International Searching Authority (1) The Searching Authority shall, on receipt of the search copy, notify the 198. International search report International Bureau and the applicant about the receipt of search copy with identification mark ISA/IN’ along with the international application number ands serial number and the date of receipt ofthe search copy. (2) Notwithstanding anything contained in the proviso to item (i) of sub-rule (2) of rule 248, the Searching Authority shall yon ceceint of the search copy, refer the international application, in the order in which the search copy was received, to an examiner or any ather officer appointed under sub-section (2) of Section 73 ofthe Act for preparing an international search report, in accordance with the provisions contained in the Treaty and the regulations under the Treaty, ordinarily within a period of one month but nat exceeding two months from the date of such reference. {3} The Searching Authority if it considers that {a} the international application relates to a subject matter which the Searching Authority is not requited to search and accordingly decides not to search; or {b) the description, claims or drawings fail to comply with the requirements prescribed under the regulatio. = under the Treaty ta such an extent that a meaningful search could not be carried out, the Authority shall so declare and rotfy the applicant and the International Bureau that no international search report shall be established, (4) in a case where any situation referred to in clause (a) or clause (b) of sub-rule (3) is found to exist in connection with certain claims only, the Searching Authority shal indicate this fact in the international Search Report in respect of such Claims, and for other claims, it shall establish the International Search Report. (5) The Searching Authority, if it considers that the international application does not comply with the requirement of unity of invention, in accordance with the provisions contained in Rule 13 of the regulations under the Treaty, shall send 2 notice specifying the reasons for which the international application is not considered as complying with the requirement of unity of invention and inviting the applicant (a) to pay the additional fees specified in the Fifth Schedule, indicating the amount of fees to be paid, within a ppetiod of one month from the date of such invitation; and {b) to pay, where applicable, the protest fee specified in the Fifth Schedule, indicating the amount of fee to be ‘id, within a period of one month from the date of such invitation {6} The Searching Authority shall establish the International Search Report on those parts of the international application which relate to the invention first mentioned in the claims ("main invention”) and subject to payment of additional fee within the period specified in sub-rule (5), on those parts of the international application which relate to inventions in respect of which such additional fees were paid, 1bUS GEN—3 10 THE GAZETTE OF INDIA : EXTRAORDINARY {PART tl_sec. 3(ii)] (7) Any applicant may pay the additional fees under protest, that is, accompanied by a reasoned statement to the effect thatthe international application complies withthe requirement of unity of invention or that the amount ofthe required aditiona fees is excessive. {8) The examination of the protest referred to in sub-rule (7) shall be carried out by a Review Committee constituted by the Controle. (9) The Review Committee constituted under sub-rule (8) shall examine the extent to which the protest is justified and shall accordingly order forthe total or partial reimbursement ofthe additional fee to the applicant. (10) Where the applicant has not paid the fees forthe protest in accordance with clause (b) of sub-rule (S).the protest shallbe considered not to have been made and the Searching Autharity shall so declare. (11) The protest fee shall be refunded to the applicant where the Review Committee referred to in sub-rule (8) finds thatthe protest was entirely justified (12) Where the international application contains the disclosure of one or more nucleotide or amino acid sequences and the sequences are not furnished in computer-teadable text format, the Searching Authority shall send a notice to the applicant to submit the sequence fisting in computer-eadable text format and pay the late furnishing fee specified in the Fifth Schedule, within ape notice, the Searching Authority shall search the interational application to the extent that @ meaningful search can be cof one month from the date of such notice and if the applicant fails to comply with the carried out without the sequence listing, 19.C. Time limit for establishing international search report. ~ The Searching Authority shall establish the international Search Report and written opinion or, as the case may be, the declaration referred to in sub-rule (3) of rule 198 within a period of three months from the date of receipt of the search copy by the Searching Authority, or within a period of ‘ine months from the date of priority, whichever expires later. 190. Transmittal ofthe International Search Report and written opinion The Searching Authority shall transmit one copy of the international Search Report or of the declaration referced ta in Article 17(2)() of the Treaty, and one copy of the written opinion established under Rule 43bis.1 of the regulations Under the Treaty, to the international Bureau and one copy to the applicant, on the same day. 196. Confidential tregtment.-All matters pertaining to international applications shall be kept confidential in accordance withthe treaty and the regulations under the Treaty. 19F, Indian International Preliminary Examining Authority, - (1) The Patent Office, Delhi branch shall perform the functions of the International Preliminary Examining Authority under the Treaty in accordance with an agreement between the Indian Patent Office and the International Bureau (2) The Examining Authority referred to in sub-rule (2), shall establish— (a). the international Preliminary Examination Report in respect of all international applications electing india as an International Preliminary Examining Authority; {b) the International Preliminary Examination Report in respect of the demands filed by the nationals or residents of other countries in accordance with an agreement between Indian Patent Office and the International Bureau, upon being notified by the international Bureau; () the International Preliminary Examination in respect of demands made by the nationals or residents of other countries not party to the Treaty or not bound by Chapter I ofthe Treaty, if the Assembly has so approves. (om wee 3Gi)] srg wea: ET ut 196. Period for making a demand. ~ (1) The demand for international preliminary examination shall be made within the period specified in the Treaty or regulations under the Treaty. (2) Incase the demand is made after the expiry of the period specified in sub-rule (1), it shall be considered to have not been made and no international Preliminary Examination Report shall be prepared, 19H. Fees payable to Examining Authority. ~The fees payable to the Examining Authority shal, in addition to the fees specified in the regulations under the Treaty, be the fees specified in the Fifth Schedule. 19), Manner of making a demand.~A demand shall be made in accordance with the provisions contained in these rules, the Treaty and the regulations under the Treaty. 191. Processing of demands for international preliminary examination ~ (1) The Examining Authority, (on receipt of the demand for international preliminary examination, if the Examining Authority is competent to conduct an international preliminary examination, shall assign the identification mark ‘IPEA/IN’ and shall notify the Applicant and the International Bureau. (2) Incase where the Examining Authority is not competent to conduct the international preliminary ‘examination of the international application, it shall transmit the demand promptly to the International Bureau, 19K. international Preliminary Examination Report. ~ (1)Notwithstanding anything contained in the proviso totem (i) of sub-rule (2) of rule 248, the Examining Authority shall refer the international application, in accordance with the provisions contained in the Treaty and the regulations under the Treaty, in the order in which the demand was received in the Examining Authority to an examiner or any other officer appointed under sub-section (2) of section 73 of the Act for preparing an international Preliminary Examination Report, ordinarily within a period of three months but not exceeding four months from the date of such reference. (2) Claims relating to inventions in respect of which no International Search Report has been established shall not bbe the subject of international preliminary examination, (G)_ The Examining Authority, if considers that~ (a) the international application relates to a subject matter on which the Examining Authority is not required to cary out an international preliminary examination, and, decides not to carry out such examination; or (b) that the description, the claims, or the drawings are so unclear, or the claims are so inadequately supported by the description, that no meaningful opinion can be formed on the questions of novelty, inventive step (non obviousness), oF industrial applicability, the Examining Authority shal! not go into these questions and shall inform the applicant ofthis opinion and the reasons therefor. (4) Ina case where any situation referred to in clause (a) or clause (b) of sub-rule (3) is found to exist in connection with certain claims only, the Examining Authority shal indicate ths fact in the (nterational Preliminary Examination Report in respect of such claims, and for other claims it shall establish the international Preliminary Examination Report. (5) Where the Examining Authority finds that the international application does not comply with te requirement of unity of invention, in accordance with the provisions contained in Rule 13 of the regulations under the Treaty and chooses to invite the applicant, at his option, to restrict the claims orto pay additional fees. i shall issue a notice to the applicant: (@) specifying a least one possibility of restriction which, in the opinion of the Examining Authority. would be in compliance withthe applicable requirement 16US GE)r>—4 2 ‘THE GAZETTE OF INDIA : EXTRAORDINARY (PART tt—See. si) (b) specifying the reasons for which the international application is not considered as complying with the requirement of unity of invention; () inviting the applicant to comply withthe invitation within one month from the date of such notice; (@) indicating the amount of the required additional fees tobe paid in ase the applicant so chooses; and () inviting the applicant to pay, the protest fee within one month from the date of such notice, and indicate the amount to be paid, as specified inthe Fifth Schedule. (6) Any applicant may pay the additional fees under protest, that is, accompanied by a reasoned statement to the effect that the international application complies with the requirement of unity of invention or that the amount of the cequired additional fees is excessive (7) The examination of the protest referred to in sub-rule (5) shall be carried out by a Review Committee constituted by the Controller. {8} The Review Committee constituted under sub-rule (7) shall examine the extent to which the protest is justified and shall accordingly order for the total or partial reimbursement to the applicant of the additional fee. (9) The protest fee shall be refunded to the applicant where the Review Committee referred to in sub-rule (6) finds that the protest was entirely justified 19 L. Period for establishing international preliminary examination report and its transmission. ~ The period for establishing the international Preliminary Examination Report shal be: (i) twenty eight months from the priority date; or (i) six months from the period specified under Rule 69.1 of the regulations under the Treaty forthe start of the international preliminary examination; or {ii sixmonths from the date of receipt by the Examining Authority of the translation furnished under Rule $5.2 of the regulations under the Treaty, whichever expires last. 19M.Transmittal of the International Preliminary Examination Report-The Examining Authority shall transmit one copy of the International Preliminary Examination Report and its annexures, i any, to the International Bureau, and one copy to the applicant, on the same day. 19N. Conditions for and extent of refund. - The fee paid by the applicant may be refunded, waived or reduced to the extent and in accordance with the conditions specified in the Treaty or the regulations under the Treaty and the agreement centered between the Indian Patent Office and the Intemational Bureau.” 7.1m cule 27 of the said rules for the words “and the abstract”, the words “the abstract and any other document” shall be substituted 4. In rule 138 of the said rules, in sub-rule (1), for the word, figures and letter “rules 248”, the words, figures and letters “Chapter Il ofthese rules, rule 248,” shall be substituted 9, After the FOURTH SCHEDULE to the said rules and the entries 1 and entries shall be inserted, namely: ing thereto, the following SCHEDULE (oe ee 39) sve wre HE B “THE FIETH SCHEDULE [See rules 19(2), 19A(1)(b), 198(5),198(12), 19H, 19K(S)] [SL No] On what pay: Relevant For Natural | Other than natural {Relevant provision of | Rule of || Person | person ether alone Patents Rules, 2003, if any) | regulations: or jointly with: under the natural person oe Teesty | (a) (2) (3) (4a) (5) {In Rupees) {in Rupees) 1 | Searehiee fle 30 [i000 16.1(a) =| Adationaifee under rule [Rule 407 | 2500} 10000 198(5) | \ 3} Protest fee under ules 198 | Rules | 1050) a0 |_| (shang 19115) 40.2(e)and | {| seat) | | Preiminary examination fee | Rule 8 | 3000 12000 | 3 | Addonalfee under rule [Rule 683] 3000 7000] 194(5) © | Preliminary oaminaton ee, 308 |” | aemetntemationalsearch | |_| Report was prepared by the | | } Indian international | | seacching Authority | | 7 [dons ee uncer ie) 7560 T0000} |} 191(5), if the International \ | search Report was prepared | | bythe indian International | | Searching Authority [a | Handling fee tobe paidtobe | Rule 57 | Asspecified nthe schedule of fee 8 | annexed the regulations made | under the Treaty 3, tate farnishig fee Tule i000 4000 1Bter.Ale}A | aer2, | 12344), | | 12.4(e) Pio. | Late pavment fee True in accordance with the regulations ; | sabis.2, ‘made under the Treaty Lo j1sos2—_| [Tn Copy ot wena of tartar — 1000 00" Search and of Earlier ‘12bis.1(c) {| appicaton ie [F. No. 14/1/2008-IPR-IIT] D. V. PRASAD, It. Secy. 4 ‘THE GAZETTE OF INDIA : EXTRAORDINARY (Parr ll-Sec. 34), Note. ~ The principal rules were published in the Gazette of India, Extraordinary, vide notification number S.0. 493 (E), dated the 2nd May, 2003 and subsequently amended vide notification numbers ~ (i) S.O. 1418(E), dated the 28th December, 2004; (ii) S.0. 657 (E), dated the Sth May, 2006; and (iii)S.0. 2296 (E), dated the 25th September, 2012. rined by the Manager Govenunar a oda Pros, Ring Road Mayapan, New Delhi 10558 and Publshod bythe Contr ofPublestion, Deh! 10056

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