IE
S.I. No. 78/1927 - Industrial Property Rules, 1927.
Table of Provisions (177)
Statutory Text (177 Articles)
1. On application accompanied by provisional specification ...
0
15
0
2. On filling complete specification thereafter ... ... ...
2
5
0
3. On application accompanied by complete specification ...
3
0
0
4. On application for result of search under Section 19, 20 or 21
1
0
0
5. On sealing of patent ... ... ... ... ... ...
1
0
0
*6. On application for certificate of renewal:—
Before the expiration of the fourth year from the date of the patent and in respect of the fifth year ...
3
15
0
rising thereafter annually by 15/- and being payable before the end of the current year in respect of the succeeding year and reaching in respect of the sixteenth year ... ... ... ... ... ...
12
0
0
and in the case of an extension of the term under
Section 34 reaching in respect of the twenty-first year ... ... ... ...
15
15
0
and in the twenty-sixth year
19
10
0
6. Carriers and containers, stoppers and lids.
7. On application for the restoration of a lapsed patent ...
10
0
0
8. On application to amend specification:—
Up to sealing: By applicant ... ... ... ...
1
0
0
After sealing: By patentee ... ... ... ...
2
0
0
9. On request for indorsement of patent "Licences of right" or on application for settlement of terms of licence under patent indorsed "Licences of right" or on application for cancellation of indorsement or on application for a compulsory licence under Section 43 or on application for a licence under Section 55 (2) ... ... ... ... ...
3
0
0
10. On application to surrender a patent under Section 42 or on application for the revocation of a patent under Section 42 or 43 ... ... ... ... ... ... ... ...
1
0
0
*One half of these fees payable on patents indorsed "Licenses of right."
DESIGNS.
11. On application to register one design to be applied to a single article or an additional article in a Class, or under Section 66 ... ... ... ... ... ... ... ...
10
0
12. On application to register one design to be applied to a set of articles in a Class ... ... ... ... ... ...
1
0
0
13. On application for extension of period of copyright for a second period of five years ... ... ... ... ...
2
0
0
14. On application for extension of period of copyright for a third period of five years ... ... ... ... ...
5
0 VA:BO>0
15. On application by proprietor for cancellation of a registration ... ... ... ... ... ... ... ...
5
0
16. On application for cancellation of registration under Section 75 ... ... ... ... ... ... ... ...
2
0
0
TRADE MARKS.
17. On application to register a trade mark or series of trade marks, in respect of each class in which registration is desired ... ... ... ... ... ...
1
0
0
18. For the registration of a trade mark or series of trade marks (including registration under Section 89):—
For one mark, in respect of each class ... ... ...
For each additional mark in a series, in respect of each class ... ... ... ... ... ... ... ...
2
0
0
5
0
0
19. On application for renewal of the registration of a mark or series of marks at the expiration of last registration:—
For one mark in respect of each class ... ... ...
For each additional mark in a series, in respect of each class ... ... ... ... ... ... ... ...
2
0
0
2
6
20. On request for leave to amend application or for the entry of disclaimer or by the proprietor of a trade mark for the cancellation of the whole or part of a registration ...
10
0
21. On application for leave to add to or to alter one or more marks of the same proprietor, the addition or alteration being similar:—
For one mark, in respect of each class ... ... ...
For each additional mark in respect of each class ...
2
1
0
0
0
0
22. On application for apportionment of trade marks under Section 100 ... ... ... ... ... ... ...
5
0
0
23. On application to the Controller for removal of a trade mark from the register under Section 109 or 111 ... ... ...
3
0
0
24. When the block required under Rule 108 exceeds two inches in either breadth or depth
For every inch or part of an inch over two inches in breadth and for every inch or part of an inch over two inches in
depth ... ... ... ... ... ... ... ...
0
0
4
4
0
0
COPYRIGHT.
25. On application to register an artistic work ... ... ...
0
10
0
26. On application by registered owner to cancel registration ...
0
10
0
ENLARGEMENTS OF TIME.
27. On application for an extension of time for leaving amended specification under Rule 39 or notifying acceptance of an amendment or reference under Rule 40 or for completion of the registration of a design, or for the payment of a fee for the extension of the period of copyright in a design, not exceeding the permitted extension, for each month ... ... ... ... ... ... ... ...
0
10
0
28. On application for an extension of time for leaving documents under Rule 28, or for leaving a complete specification or for the acceptance of a complete specification or for the sealing of a patent, or for the payment of a renewal fee in respect of a patent, not exceeding the permitted extension, for each month ... ... ... ...
1
0
0
29. Additional fee under Rule 116 ... ... ... ... ...
1
0
0
30. Additional fee under Rule 117 ... ... ... ... ...
2
0
0
NOTICES OF OPPOSITION.
31. On notice of opposition to the grant of a patent, or to an application for the restoration of a lapsed patent, or to the amendment of specification or to the indorsement of a patent "Licences of right" or to the cancellation of an indorsement "Licences of right" or to the registration of a trade mark or to the entry in the register of a disclaimer or memorandum relating to a design or trade mark ... ... ... ... ... ... ... ...
1
0
0
ENTRIES IN REGISTERS.
32. On application under Section 45 (4) for entry in register of particulars of patent ... ... ... ... ... ...
1
0
0
33. On application for entry in a register of the name of a subsequent proprietor of a patent or registered design, trade mark or artistic work or of notice of mortgage, licence or other document
(a) if made within six months of the acquisition of the interest or of the date of the documents or of the coming into force of these Rules:—
In respect of one entry ... ... ... ...
For each additional similar entry ... ... ...
(b) if made subsequently:—
In respect of one entry ... ... ... ...
For each additional similar entry ... ... ...
1
0
5
0
0
2
0
2
0
6
0
6
34. On application by a patentee or the proprietor of a registered design, trade mark or artistic work for cancellation of an entry or for the rectification of a register not otherwise charged or by a mortgagee, licensee or other person having a registered interest for removal of his name ... ... ... ... ... ... ...
0
10
0
35. On application by a patentee or the proprietor of a registered design, trade mark or artistic work to alter a name or address or address for service or to enter a second address for service in a register when there has been no change of proprietorship or for noting in the register that trade marks are associated:—
For one entry ... ... ... ... ... ... ...
For each additional similar entry ... ... ... ...
0
0
5
2
0
6
36. On application under Section 129 (6) by a person other than the patentee or registered proprietor of a design, trade mark or artistic work for the rectification of a register
1
0
0
37. For each entry in a register in pursuance of an Order of Court ... ... ... ... ... ... ... ...
0
10
0
EXHIBITIONS, &c.
38. On notice of intention to publish an invention before learned society or at exhibition under Section 60 ... ... ...
1
0
0
39. On notice of intention to publish an unregistered design at exhibition under Section 76 ... ... ... ... ...
0
5
0
HEARINGS BY CONTROLLER.
40. On notice of intention to attend at a hearing by the Controller in any proceedings referred to in Rule 155 or under Section 42 (3), Section 43 (10) or Section 55 (2), by each party ... ... ... ... ... ... ...
2
0
0
41. On application for leave to intervene in any proceedings before the Controller ... ... ... ... ... ...
2
0
0
APPEALS.
42. On application to Controller to state grounds of decision under Rule 87, 105, 126 or 167 for the purpose of an appeal ... ... ... ... ... ... ... ...
0
10
0
43. On appeal from Controller to Law Officer or Minister ...
3
0
0
CERTIFICATES, COPIES, &c.
44. For certificate of Controller under Rule 148 or 149 ...
0
10
0
45. For duplicate grant of a patent ... ... ... ... ...
2
0
0
46. For certified copy of registration of a design, trade mark or artistic work ... ... ... ... ... ... ...
0
10
0
47. For office copies of documents, for each 100 words or less (minimum charge 1/-) ... ... ... ... ... ...
0
0
6
48. For certifying office copies MSS., typed or printed, each
0
2
6
49. For search of registered trade marks under Rule 146
1
0
0
50. On application under Section 74 when registered number of design is furnished ... ... ... ... ... ...
0
5
0
51. On application under Section 74 when registered number is not furnished ... ... ... ... ... ... ...
0
10
0
52. For inspection of a register or other document open to inspection (except inspection under the second paragraph of Section 73 (1) of the Act) or for making a search amongst any classified representations of trade marks, for every quarter of an hour ... ... ... ... ...
0
1
0
53. Published specification and drawings relating to a patent issued by the Office, each copy ... ... ... ... ...
0
1
0
If in the case of a design registered under Section 66 or a trade mark registered under Section 89 of the Act the period of such registration will expire within one year from the date of the commencement of the Act one half only of the fee chargeable as above in respect of such registration shall be payable.
Dated this twenty-seventh day of September, 1927.
GORDON CAMPBELL,
Secretary,
Department of Industry and Commerce.
J. J. McELLIGOTT,
Secretary,
Department of Finance.
54. Notice as to renewal fees.
Restoration of Lapsed Patents.
55. Application for restoration.
56. Opposition to restoration.
57. Hearing.
58. Order for restoration.
59. Compensation.
60. Notification of British patent becoming void.
Rule. SUBJECT.
Amendment of Specification under Section 37.
61. Application to amend.
62. Notice of opposition.
63. Requirements on amendment.
64. Advertisement of amendment.
Licences, Revocations and Surrenders of Patents.
65. Request for indorsement " licences of right."
66. Opposition.
67. Application to settle terms of licence.
68. Application for cancellation of indorsement.
69. Opposition.
70. Application for revocation of patent under Section 42.
71. Surrender of patent.
72. Application for compulsory licence or revocation of a patent under Section 43.
73. Delivery of counter-statement.
74. Application by licensee to surrender existing licence in exchange for one settled by Controller.
75. Patents for food or medicine—licences.
Secret Patents.
76. Assignment to Minister for Defence and proceedings thereafter.
77. Certificate of secrecy after application.
78. Reassignment to patentee.
DESIGNS.
79. Classification of goods.
80. " Set " of articles.
81. Words, letters or numerals in designs.
82. Representations of persons.
83. Form of application for registration.
84. Documents to accompany application.
85. Documents to be lodged when priority claimed under international arrangements.
86. Objections by Controller.
87. Decision on hearing.
88. Non-completion of application within twelve months.
89. Entry in register on acceptance of design.
90. Extension of period of copyright.
91. Certificate of extension.
Rule. SUBJECT.
92. Application for cancellation of registration.
93. Marking of articles.
94. Inspection of registered designs.
Trade Marks.
95. Classification of goods.
96. Words not registrable.
97. Arms, flags, emblems.
98. Representations of persons.
99. Name or description of goods.
100. Form of application for registration.
101. Documents to accompany application.
102. Documents to be lodged when priority claimed under international arrangements.
103. Application by Minister.
104. Refusal or conditional acceptance of application by Controller.
105. Decision on hearing.
106. Mark used solely as certificate of quality.
107. Advertisement of application.
108. Blocks.
109. Notice of opposition.
110. Application under Section 88 (3) for removal of British trade mark from register.
111. Non-completion of application within twelve months.
112. Entry in register.
113. Renewal of registration.
114. Notice of expiration of registration.
115. Advertisement of expiration.
116. Renewal after expiration.
117. Removal of mark from register and reinstatement.
118. Certificate and advertisement of renewal.
119. Application for apportionment of trade marks.
120. Application to alter trade mark.
121. Application to Controller for removal of trade mark from register.
Copyright in Artistic Works Defining Designs.
122. Designs multiplied by an industrial process.
123. Form of application to register an artistic work.
124. Representations to accompany application.
125. Objections by Controller.
Rule. SUBJECT.
126. Decision on hearing.
127. Entry in register.
Registers and Certificates.
128. Entries in registers.
129. Entry of patent claiming priority under Section 152.
130. Death of applicant before entry.
131. Certificate of registration.
132. Entry of payment of renewal fee.
133. Entry of apportionment of trade marks.
134. Removal of trade mark from register.
135. Application to enter assignment, etc.
136. Production of document of title.
137. When no document of title available.
138. Entry of title in register.
139. Application to enter assignment, etc., of copyright in an artistic work.
140. Cancellation of entry of mortgage, licence or other interest.
141. Alteration of address.
142. Application under Sections 128 or 179 (8) by patentee or owner of registered design, trade mark or artistic work for amendment of register.
143. Evidence.
144. Advertisement of disclaimer or memorandum relating to a design or trade mark.
145. Application under Section 129 (6) by other person for amendment of register.
146. Searches of registered trade marks.
147. Inspection of registers.
148. Certificates by Controller.
149. Certificate for use in obtaining registration of trade mark abroad.
Publication Before Learned Society or at Exhibition.
150. Notice of intention to publish or exhibit.
Exercise of Discretionary Powers by Controller.
151. Notice of hearing.
152. Time for reply of person affected.
153. Statement by person affected.
154. Decision.
Rule. SUBJECT.
Proceedings Before the Controller.
155. Definition of " petitioner " and " respondent " in proceedings.
156. Service of statement of case on respondent.
157. Counter-statement by respondent.
158. Petitioner's evidence.
159. Respondent's evidence in reply and further evidence.
160. Closing of evidence.
161. Intervention by third parties.
162. Translations of documents.
163. Exhibits.
164. Hearing.
165. Extension of time.
166. Costs in uncontested cases.
Appeals to Minister.
167. Statement of grounds of Controller's decision.
168. Statement of grounds of appeal.
169. Time for appeal.
170. Directions of Minister.
171. Notice of hearing.
Applications and Appeals to Court.
172. Notice of application to Court.
173. Time for appeal to Court.
174. Notice of Order of Court.
175. Publication of Order of Court.
Appeals Withdrawn.
176. Notice of withdrawal of appeal.
FIRST SCHEDULE.
STATUTORY RULES AND ORDERS. 1927. No. 78.
INDUSTRIAL PROPERTY RULES, 1927.
INDEX TO ARRANGEMENT.
Rule. SUBJECT.
GENERAL.