12. Statement and undertaking regarding foreign
applications. –
1) The statement
and undertaking required to be filed by an applicant for a patent under sub-section (1) of section 8 shall be
made in Form 3.
(1A). The period within which the applicant shall file the
statement and undertaking under sub-section
(1) of section 8 shall be six months from the date of filing the
application.
Explanation –
For the purpose of this rule, the period of six months in case of an
application corresponding to an international application in which India is
designated shall be reckoned from the actual date on which the corresponding application
is filed in India.
2)
The time within which the applicant for a patent shall keep
the Controller informed of the details in respect of other applications filed
in any country in the undertaking to be given by him under clause (b) of sub-section (1) of section 8 shall be six
months from the date of such filing.
3)
When so required by the Controller under sub-section (2) section 8, the applicant shall furnish
information relating to objections, if any, in respect of novelty and
patentability of the invention and any other particulars as the Controller may
require which may include claims of application allowed within six months from
the date of such communication by the Controller.