S.I. No. 55/1950 -- Industrial Property Rules, 1927 (Amendment) Rules, 1950.
1950
55
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S.I. No. 55/1950:
INDUSTRIAL PROPERTY RULES, 1927 (AMENDMENT) RULES, 1950.
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INDUSTRIAL PROPERTY RULES, 1927 (AMENDMENT) RULES, 1950.
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I, DANIEL MORRISSEY, Minister for Industry and Commerce, with the sanction of the Minister for Finance, testified by his Official Seal annexed hereto, and in exercise of the powers conferred on me by the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1949 (No. 32 of 1949), and of every and any other power me in this behalf enabling, hereby make the following Rules :--
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1.--(1) These Rules may be cited as the Industrial Property Rules, 1927 (Amendment) Rules, 1950.
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(2) These Rules shall come into operation on the 1st day of April, 1950.
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2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.
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3. The Industrial Property Rules, 1927 ( S. R. & O. No. 78 of 1927 ), are hereby amended by the substitution for the matter in the Sixth Schedule thereto of the matter in the Table to this Order.
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TABLE.
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List of fees payable in respect of the grant of patents and the registration of designs, trade marks and artistic works and of other matters in relation thereto.
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PATENTS
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£ |
s.
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d.
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1. On application accompanied by provisional specification
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1
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10
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0
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2. On filing complete specification thereafter
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3
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10
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0
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3. On application accompanied by complete specification
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5
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0
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0
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4. On application for result of search under Section 19, 20 and 21
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1
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0
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0
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5. On sealing of patent
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2
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0
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0
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For certificate of renewal :--
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6. Before the expiration of the 4th year from the date of the Patent and in respect of the 5th year
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5
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0
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0
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7. Before the expiration of the 5th year from the date of the Patent and in respect of the 6th year
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6
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0
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0
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8. Before the expiration of the 6th year from the date of the Patent and in respect of the 7th year
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7
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0
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0
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9. Before the expiration of the 7th year from the date of the Patent and in respect of the 8th year
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8
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0
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0
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10. Before the expiration of the 8th year from the date of the Patent and in respect of the 9th year
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9
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0
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0
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11. Before the expiration of the 9th year from the date of the Patent and in respect of the 10th year
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10
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0
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0
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12. Before the expiration of the 10th year from the date of the Patent and in respect of the 11th year
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11
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0
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0
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13. Before the expiration of the 11th year from the date of the Patent and in respect of the 12th year
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12
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0
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0
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14. Before the expiration of the 12th year from the date of the Patent and in respect of the 13th year
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13
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0
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0
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15. Before the expiration of the 13th year from the date of the Patent and in respect of the 14th year
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14
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0
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0
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16. Before the expiration of the 14th year from the date of the Patent and in respect of the 15th year
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15
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0
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0
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17. Before the expiration of the 15th year from the date of the Patent and in respect of the remainder of the term of the Patent
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16
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0
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0
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18. On application for the restoration of a lapsed patent
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20
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0
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0
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19. On request for correction of a clerical error
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10
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0
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20. On request to amend an application for a patent
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1
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0
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0
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21. On application to amend specification :--
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Not yet accepted. By applicant.
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1 |
0 |
0 |
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After acceptance, up to sealing. By applicant.
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1 |
10 |
0 |
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After sealing. By patentee.
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3 |
0 |
0 |
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22. 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)
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3
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0
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0
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23. On application to surrender a patent under Section 42 or on application for the revocation of a patent under Section 42 or 43
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1
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0
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0
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DESIGNS.
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24. On application to register one design to be applied to a single article in a class
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1
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0
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0
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25. On application to register one design to be applied to a set of articles in a class
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2
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0
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0
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26. On request for correction of a clerical error
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10
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0
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27. On request to amend an application for registration
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10
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0
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28. For extension of period of copyright for a second period of five years
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3
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0
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0
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£ |
s.
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d.
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29. For extension of period of copyright for a third period of five years
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7
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10
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0
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30. On application by proprietor for cancellation of a registration
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10
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0
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31. On application for cancellation of registration under Section 75
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3
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0
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0
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TRADE MARKS.
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32. On application to register a trade mark or series of trade marks, in respect of each class in which registration is desired
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2
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0
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0
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33. For the registration of a trade mark or series of trade marks :--
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For one mark, in respect of each class
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3 |
0 |
0 |
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For each additional mark in a series, in respect of each class
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10 |
0 |
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34. For renewal of registration of a mark at the expiration of last registration
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3
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0
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0
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35. For renewal of registration of a series of trade marks at expiration of last registration :--
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For the first mark of the series
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3 |
0 |
0 |
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And for every other mark of the series
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5 |
0 |
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36. On request for correction of a clerical error in an application for registration
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10
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0
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37. On request to amend an application for registration 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
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1
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0
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0
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38. On application for leave to add to or to alter one or more marks of the same proprietor, the addition or alteration being similar :--
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For one mark, in respect of each class
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3 |
0 |
0 |
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For each additional mark in respect of each class
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1 |
10 |
0 |
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39. On application for apportionment of trade marks under Section 100
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7
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10
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0
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40. On application to the Controller for removal of a trade mark from the register under Section 109 or 111
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5
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0
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0
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41. When the block required under Rule 108 exceeds two inches in either breadth or depth :--
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For every inch or part of an inch over two inches in breadth
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5 |
0 |
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and for every inch or part of an inch over two inches in depth
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5 |
0 |
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COPYRIGHT.
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42. On application to register an artistic work
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1
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0
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0
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43. On application by registered owner to cancel registration
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1
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0
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0
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ENLARGEMENTS OF TIME.
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44. 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
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1
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0
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0
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45. On application for an extension of time 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
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2
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0
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0
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46. On late payment of trade mark renewal fee not advertised as unpaid
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1
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0
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0
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47. Additional fee under Rule 116
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2
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0
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0
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48. Additional fee under Rule 117
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4
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0
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0
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OPPOSITION.
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£ |
s.
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d.
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49. 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 a specification or to the indorsement of a patent " Licences of right " or to the cancellation of a 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
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2
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0
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0
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50. On lodging a counter-statement in answer to a notice of opposition
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2
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0
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0
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ENTRIES IN REGISTERS.
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51. On application for entry in a register of the name of a subsequent proprietor of a patent, registered design, trade mark or artistic work or of notice of mortgage, licence or other document
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(a) if made within six months of the acquisition of the interest :--
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In respect of one entry
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2 |
0 |
0 |
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For each additional similar entry
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5 |
0 |
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(b) if made subsequently :--
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In respect of one entry
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5 |
0 |
0 |
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For each additional similar entry
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5 |
0 |
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52. 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
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1
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0
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0
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53. 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 :--
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For one entry
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10 |
0 |
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For each additional similar entry
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5 |
0 |
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54. 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
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2
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0
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0
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55. For each entry in a register in pursuance of an Order of Court
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1
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0
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0
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EXHIBITIONS, ETC.
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56. On notice of intention to publish an invention before learned society or at an exhibition under Section 60
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2
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0
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0
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57. On notice of intention to publish an unregistered design at an exhibition under Section 76
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10
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0
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HEARINGS BY CONTROLLER.
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58. 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
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3
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0
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0
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59. On application for leave to intervene in any proceedings before the Controller
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3
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0
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0
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APPEALS.
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60. On application to Controller to state grounds of decision under Rule 87, 105, 126, or 167 for the purpose of an appeal
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2
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0
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0
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61. On appeal from Controller to Law Officer or Minister
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3
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0
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0
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CERTIFICATES, COPIES, ETC.
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£ |
s.
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d.
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62. For certificate of Controller under Rule 148 or 149
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1
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0
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0
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63. For duplicate grant of patent
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3
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0
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0
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64. For certified extract from Register of patents, designs, trade marks or artistic works
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1
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0
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0
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65. For office copies of document, for each 100 words or less (minimum charge 2/-)
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1
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0
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66. For certifying office copies MSS., typed or printed, each
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5
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0
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67. For search of registered trade marks under Rule 146
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2
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0
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0
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68. On application under Section 74 when registered number of design is furnished
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10
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0
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69. On application under Section 74 when registered number is not furnished
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1
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0
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0
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70. On request for information as to a matter affecting a patent, a registered trade mark, or an application therefor
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1
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0
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0
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71. 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 the classified representations of trade marks, for every quarter of an hour
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2
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6
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72. Published specification and drawings relating to a patent issued by the Office, each copy
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2
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6
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GIVEN under my Official Seal, this 27th day of February, 1950.
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(Signed) DANIEL MORRISSEY,
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Minister for Industry and Commerce.
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I hereby sanction the foregoing rules.
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(Signed) P. McGILLIGAN,
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Minister for Finance
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