(1) The Controller General of Patents, Designsand Trade Marks appointed under sub-section (1) of 1 [section3 of the Trade Marks Act, 1999 (47 of 1999)],shall be the Controller of Patents for the purposes of this Act.
(2) For the purposes of this Act, the CentralGovernment may appoint as many examiners and other officers and with suchdesignations as it thinks fit.
(3) Subject to the provisions of this Act, theofficers appointed under sub-section (2) shall discharge under thesuperintendence and directions of the Controller such functions of theController under this Act as he may, from time to time by general or specialorder in writing, authorise them to discharge.
(4) Without prejudice to the generality of theprovisions of sub-section (3), the Controller may, by order in writing and forreasons to be recorded therein withdraw any matter pending before an officerappointed under sub-section (2) and deal with such matter himself either de novoor from the stage it was so withdrawn or transfer the same to another officerappointed under sub-section (2) who may, subject to special directions in theorder of transfer, proceed with the matter either de novo or from the stage itwas so transferred.
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1.Substitutedfor "section4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)"byPatents (Amdt) Act, 2002. dated 25.06.2002, w.e.f. 02.04.2007.
Section 74 - Patent office and its branches
(1) For the purposes of this Act, there shallbe an office which shall be known as the patent office.
(2) 1[The Central Government may, bynotification in the Official Gazette, specify the name of the Patent Office].
(3) The head office of the patent office shallbe at such place as the Central Government may specify, and for the purpose offacilitating the registration of patents there may be established, at such otherplaces as the Central Government may think fit, branch offices of the patentoffice.
(4) There shall be a seal of the patent office.
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1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words:(2) The register shall be prima facie evidence of anymatters required or authorised by or under this act to be entered therein.
Section 75 - Restriction on employees of patent office as to right or interest in patents
All officers and employees of the patent office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office.
Section 76 - Officers and employees not to furnish information, etc.
An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the 1[Central Government or Appellate Board] or the Controller or by order of a court,-
(a) furnish information on a matter which is being, or has been, dealt with under this Act2[***]; or
(b) prepare or assist in the preparation of a document required or permitted by or under this Act2[***], to be lodged in the patent office; or
(c) conduct a search in the records of the patent office.
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1. Substituted for "Central Government" by Patents (Amdt) Act, 2002, dated 25.06.2002, w.e.f. 02.04.2007.
2. Words "or under the Indian Patents and Designs Act, 1911 (2 of 1911)" omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.