In force · As amended up to 2026-08
9. Section 57—For sub-section (1), substitute—
"(1) There shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this Act such fees as may be prescribed by the Central Government.".
10. Omit section 59A.
11. Section 61—Omit sub-section (1).
9. Provisional and complete specifications . —[11] [(1) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned.]
1. Ins. by Act 38 of 2002, s. 6 (w.e.f. 20-5-2003).
2. Ins. by Act 15 of 2005, s. 5 (w.e.f. 1-1-2005).
3. Subs. by s. 5, ibid ., for "owner" (w.e.f. 1-1-2005).
4. Subs. by s. 5, ibid ., for sub-section (4) (w.e.f. 1-1-2005).
5. Ins. by Act 38 of 2002, s. 7 (w.e.f. 20-5-2003).
6. Subs. by Act 15 of 2005, s. 6, for certain words (w.e.f. 1-1-2005).
7. Subs. by Act 38 of 2002, s. 7, for clause (a) (w.e.f. 20-5-2003).
8. Subs. by Act 15 of 2005, s. 6, for "up to the date of the acceptance of his complete specification filed in India (w.e.f. 1-1-2005).
9. Subs. by Act 38 of 2002, s. 7, for "details of the nature referred to in" (w.e.f. 20-5-2003).
10. Subs. by Act 15 of 2005, s. 6, for sub-section (2) (w.e.f. 1-1-2005).
11. Subs. by s. 7, ibid ., for sub-section (1) (w.e.f. 1-1-2005).
(2) Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which are cognate or of which one is a modification of another and the Controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications:
1[Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification.]
2[(3) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly.]
(4) Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before[3] [grant of patent], cancel the provisional specification and post-date the application to the date of filing of the complete specification.
Source: India Code