Title : Anticipation by Previous Publication
State : Central
Year : 1970
(1) An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in India and dated before the 1st day of January, 1912. (2) Subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published before the priority date of the relevant claim of the specification, if the patentee or the applicant for the patent proves (a) that the matter published was obtained from him, or (where he is not himself the true and first inventor) from any person from whom he derives title, and was published without his consent or the consent of any..... View Complete Act List Judgments citing this sectionTitle : Anticipation by Previous Communication to Government
State : Central
Year : 1970
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the Government or to any person authorised by the Government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation. View Complete Act List Judgments citing this sectionTitle : Anticipation by Public Working
State : Central
Year : 1970
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that at any time within one year before the priority date of the relevant claim of the specification, the invention was publicly worked in India (a) by the patentee or applicant for the patent or any person from whom he derives title; or (b) by any other person with the consent of the patentee or applicant for the patent or any person for whom he derives title, if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, having regard to the nature of the invention, that the working for that purpose should be effected in public. View Complete Act List Judgments citing this sectionTitle : Anticipation by Use and Publication After Provisionalspecification
State : Central
Year : 1970
(1) Where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under subsection (3) of section 9 as a provisional specification, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated as aforesaid as a provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification. (2) Where a complete specification is filed in..... View Complete Act List Judgments citing this sectionTitle : No Anticipation if Circumstances Are Only as Described in Sections 29, 30, 31 and 32
State : Central
Year : 1970
Notwithstanding anything contained in this Act, the Controller shall not refuse1[Omitted] to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 29 or section 30 or section 31 or section 32, do not constitute an anticipation of the invention claimed in the specification. _________________________ 1. Substituted by Patents (Amdt) Act, 2005 for the words: not later than six months. View Complete Act List Judgments citing this sectionTitle : Revocation of Secrecy Directions and Extension Oftime
State : Central
Year : 1970
When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application whether or not that time has previously expired. View Complete Act List Judgments citing this sectionTitle : Liability for Contravention of Section 35 or Section39
State : Central
Year : 1970
Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 351[or makes or causes to be made an application for grant of a patent outside India in contravention of section 39]e application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64. _____________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. View Complete Act List Judgments citing this sectionTitle : Grant of Patents and Rights Conferred Thereby
State : Central
Year : 1970
CHAPTER VIII 1[GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY] ______________________ 1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY View Complete Act List Judgments citing this sectionTitle : Grant of Patents
State : Central
Year : 1970
1 [43. Grant of patents (1) Where an application for a patent has been found to be in order forgrant of the patent and either- (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or (b) the application has not been found to be in contravention of any of the provisions of this Act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register. (2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open..... View Complete Act List Judgments citing this sectionTitle : Amendment of Patent Granted to Deceased Applicant
State : Central
Year : 1970
Where, at any time after a patent has been1[granted] in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was1[granted],, the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly. ____________________ 1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: sealed. View Complete Act List Judgments citing this section