Section 12 in The Intellectual Property Appellate Board (Patents Procedure) Rules, 2010
12. Affidavit and Exhibits.
(1)The affidavits shall be, headed in the matter or matters to which they relate, drawn up in the first person, divided into paragraphs, consecutively numbered; and each paragraph shall, as far as practicable, be confined to one subject. Every affidavit shall state the description and the true place of abode of the person making the same, shall bear the name and address of the person filing it and shall state on whose behalf it is filed.(2)Where two or more persons join in an affidavit, each of them shall depose separately to such facts which are within his personal knowledge and those facts shall be stated in separate paragraphs.(3)Affidavits shall be taken -(a)in India, before any court or person having by law authority to receive evidence, or before any officer empowered by such court as aforesaid to administer oaths or to take affidavits;(b)in any country or place outside India, before a diplomatic or consular officer, within the meaning of the Diplomatic and Consular Officers (Oaths and Fee) Act, 1948, or such country or place, or before a notary public, or before a Judge or a Magistrate, of the country or place.(4)The person before whom an affidavit is taken shall state the date on which and the place where the same is taken and shall affix his seal, if any, or the seal of the court to which he is attached thereto and sign his name and designation at the end thereof.(5)Any affidavit purporting to have been affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by sub-rule (4) to take an affidavit, in testimony of the affidavit having been taken before him, may be admitted by the Deputy Registrar without proof of the genuineness of the seal or signature or of the official character of that person.(6)Alterations and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by, the initials of the person before whom the affidavit is taken.(7)Where there are exhibits to affidavits, a copy each of such exhibits shall be sent to the other party or parties and the originals shall be produced whenever so required at the Registry for inspection by the other party and shall be produced at the time of hearing unless the Appellate Board otherwise directs.
