Bare Act Search Results

Patents Act, 1970 (39 of 1970) Chapter VI

Title: Anticipation

State: Central

Year: 1970

.....in any application for protection in a convention country upon which the convention application is founded was used in India or published in India or elsewhere at any time after the date of that application for protection. Section 34 - No anticipation if circumstances are only as described in sections 29, 30, 31 and 32 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.

Patents Act, 1970 (39 of 1970) Section 29

Title: Anticipation by Previous Publication

State: Central

Year: 1970

.....in a convention country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter: Provided that this sub-section shall not apply if the invention was before the priority date of the claim commercially worked in India, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the patentee or the applicant for the patent or any person from whom he derives title. (3) Where a complete specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by reason only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application, or by any.....

Patents Act, 1970 (39 of 1970) Section 13

Title: Search for Anticipation by Previous Publication and by Prior Claim

State: Central

Year: 1970

.....those mentioned in sub-section (1) before the date of filing of the applicant's complete specification. (3) Where a complete specification is amended under the provisions of this Act before2[the grant of a patent], the amended specification shall be examined and investigated in like manner as the original specification. (4) The examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon. ________________________ 1. Words "as the controller may direct" omitted by by Patents (Amdt) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003. 2. Substituted for "fifteen months, or the extended period" by Patents (Amdt) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003.

Patents Act, 1970 (39 of 1970) Section 18

Title: Powers of Controller in Cases of Anticipation

State: Central

Year: 1970

.....to in clause (a) of sub-section (I) or sub-section (2) of section 13, he may refuse1[the application] unless the applicant- (a) shows to the satisfaction of the Controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or (b) amends his complete specification to the satisfaction of the Controller. (2) If it appears to the Controller that the invention is claimed in a claim of any other complete specification referred to in clause (b) of sub-section (I) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicant's complete specification unless within such time as may be prescribed,- (a) the applicant shows to the satisfaction of the Controller that the priority date of claim is not later than the priority date of the claim of the said other specification; or (b) the complete specification is amended to the satisfaction of the Controller. (3) If it appears to the Controller, as a result of an investigation under section 13 or otherwise,- (a) that.....

Patents Act, 1970 (39 of 1970) Section 30

Title: 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.

Patents Act, 1970 (39 of 1970) Section 31

Title: Anticipation by Public Display, Etc.

State: Central

Year: 1970

.....and during the period of the exhibition, by any person without the consent of the true and first inventor or a person deriving title from him; or (d) the description of the invention in a paper read by the true and first inventor before a learned society or published with his consent in the transactions of such a society. if the application for the patent is made by the true and first inventor or a person deriving title from him1[not later than twelve months] after the opening of the exhibition or the reading or publication of the paper, as the case may be. _________________________ 1. Substituted by Patents (Amdt) Act, 2005 for the words: Subject to the provisions of sub-section (5), where

Patents Act, 1970 (39 of 1970) Section 32

Title: 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.

Patents Act, 1970 (39 of 1970) Section 34

Title: 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.

Patents Act, 1970 Complete Act

State: Central

Year: 1970

PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....

Chemical Weapons Convention Act, 2000 Schedule I

Title: Schedule

State: Central

Year: 2000

.....Not permit in any place under its control any activity prohibited to a State Party under this Convention; and (c) Extend its penal legislation enacted under sub-paragraph (a) to any activity prohibited to a State Party under this Convention undertaken anywhere by natural persons, possessing its nationality, in conformity with international law. 2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1. 3. Each State Party, during the implemenation of its obligations under this Convention, shall assign the highest priority to ensuring the safety of people and to protecting the environment, and shall cooperate as appropriate with other States Parties in this regard Relations between the State Party and the Organization 4. In order to fulfill its obligation under this Convention, each State Party shall designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties. Each State Party shall notify the Organization of its National Authority at the time that this.....