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TypeBare Act JurisdictionCentral Government

Patents (Amendment) Act, 2002 Section 58

Amendment of Section 138

~1 min read
https://sooperkanoon.com/act/41696

Bare act section · Research

About this section

Patents (Amendment) Act, 2002 Section 58 is part of Patents (Amendment) Act, 2002 - Amendment of Section 138. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

In section 138 of the principal Act,--

(a) in sub-section (1), after the words "shall furnish", the words "when required by the Controller," shall be inserted;

(b) in sub-section (2), for the words "annexed to the specification or document", the words "furnished when required by the Controller" shall be substituted;

(c) after sub-section (3), the following sub-sections shall be inserted namely:--

"(4) An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 54 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act.

(5) The filing date of application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty.

(6) Amendment, if any, proposed by the applicant for an international application designation designating India or designating and electing India before international searching authority or preliminary examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office.".

Frequently asked questions

What does Patents (Amendment) Act, 2002 Section 58 provide?

Section Section 58 of the Patents (Amendment) Act, 2002 (Amendment of Section 138) is reproduced on this page as part of the Patents (Amendment) Act, 2002. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Patents (Amendment) Act, 2002 Section 58?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Patents (Amendment) Act, 2002 Section 58. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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