Patents Ordinance, 2000 — section 105

105. Power of the Federal Government to make rules..—(1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. 1 Section 102 Omitted by the Patent (Amdt.) Ordinance, 2002 (95 of 2002), s.21.

(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(i)the form and manner in which any application for a patent, any specifications or drawings, and any other application or document may be filed in the Patent Office;

(ii)the time within which any act or thing may be done under this Ordinance, including the manner in which and the time within which any matter may be advertised under this Ordinance;

(iii)the fees which may be payable under this Ordinance and the manner of payment of such fees;

(iv)the matters in respect of which an examiner may make a report to the Controller;

(v)the form of request for sealing of patent;

(vi)the form and manner in which and the time within which any notice may be given under this Ordinance;

(vii)the provisions which may be inserted in an order for restoration of a patent for the protection of the person who may have availed themselves of the subject-matter of the patent after the patent had ceased;

(viii)the maintenance of the Register and the matters to be entered therein;

(ix)the time when and the manner in which the Register and any other document open to inspection may be inspected under this Ordinance;

(x)the qualifications of and the preparation of a role of scientific advisers for the purpose of section 68;

(xi)the manner in which any compensation for acquisition by the Government of an invention may be paid;

(xii)the manner in which the register of patent agents may be maintained, and matters connected with the practice and conduct of the patent agents; 1*

(xiii)the regulation of the making, printing, publishing and selling of indexes to, and abridgements of, specifications and other documents in the Patent Office, and inspection of indexes and abridgements and other documents 2[;]. 3 [(xiv) the manner to establish the regime for exhaustion of intellectual property rights; 1 The word “and” omitted by the Patents (Amdt.) Ordinance, 2002 (95 of 2002) s. 22. 2 Subs. ibid., for the full stop. 3 New clauses (xiv), (xv), (xvi), (xvii) and (xviii) added ibid.

(xv)the details in respect of inventions referred to in sub-section (4) of section 7;

(xvi)the manner in which an invention shall be disclosed including the best mode known for the execution of the invention, the forms and limits of allowable claims and, in the case of inventions relating to microorganisms, the requirement and the manner of submission of a culture for experimental purposes in relation to the scope of the claim and the procedure for grant of such patents;

(xvii)the procedure and the criteria for determining the remuneration for a compulsory licence and the terms and conditions for licensing agreements including, in particular, those which do not adversely affect competition or cause impediment to the research and development in the country or to bind the licensee to transfer the improvements made by him to the licensor or to force the licensee to acquire technologies or inputs not needed or desired by him; and

(xviii)the form of filing application and manner of grant of exclusive marketing rights].

(3)The power to make rules under this section shall be subject to the condition of the rules being made after previous publication. 106. Repeal and savings._(1) The Patents and Designs Act, 1911 (Act II of 1911) is hereby repealed.

(2)Notwithstanding the repeal of the Patents and Designs Act, 1911 (Act II of 1911) the renewal fee in respect of a patent granted under that Act shall be as fixed thereunder.

(3)Save as otherwise provided in sub-section (2), the provisions of this Ordinance shall apply to any application for a patent pending on the commencement of this Ordinance and to any proceedings consequent thereon, and to any patent granted in pursuance thereof.

(4)Notwithstanding anything contained in this Ordinance, any suit for infringement of a patent, or any proceedings for revocation of a patent, pending in any Court on the commencement of this Ordinance, may be continued and disposed of under the Patents and Designs Act, 1911 (Act II of 1911)as if this Ordinance had not come into force, 1* * *. 2 [107. Acts done in good faith. No suit, prosecution, or any other legal proceedings shall lie against any government employee or any person exercising any powers or performing any functions under this Ordinance or the rules made thereunder for any act or thing which has been done in good faith. 108. Removal of difficulties. If any difficulty arises in giving effect to any of the provisions of this Ordinance, the Federal Government may, by notification in the official Gazette, make such provisions as it deems fit for removing that difficulty]. 1 The certain words omitted by the Patents (Admt.) Ordinance, 2002 (95 of 2002), s.23. 2 New sections 107 and 108 added ibid., s.24