Skip to content


Bare Act Search Results

Home Bare Acts Phrase: invent

Patents Act, 1970 (39 of 1970) Chapter XVII

Title: Use of Inventions for Purposes of Government and Acquisition of Inventions by Central Government

State: Central

Year: 1970

.....or other circumstances of extreme urgency or for non-commercial use], the Government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from lime to time, reasonably require and where the invention has been used for the purposes of a Government undertaking, the Central Government may call for such information as may be necessary for this purpose from such undertaking. (6) The right to make, use, exercise and vend an invention for the purposes of Government under sub-section (1) shall include the4[right to sell on non-commercial basis, the goods] which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central Government or the person authorised under sub-section (1) were the patentee of the invention. (7) Where in respect of a patent which has been the subject of an authorisation under this sectoin, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration.....

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Chapter VII

Title: Provisions for Secrecy of Certain Inventions

State: Central

Year: 1970

..... ________________________ * Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 40 - Liability for contravention of section 35 or section 39 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. Section 41 - Finality of orders of Controller and Central Government All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever. Section 42 - Savings respecting disclosure to Government Nothing in this Act shall be held to prevent the disclosure by the Controller of information.....

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Section 100

Title: Power of Central Government to Use Inventions for Purposes of Government

State: Central

Year: 1970

.....or other circumstances of extreme urgency or for non-commercial use], the Government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from lime to time, reasonably require and where the invention has been used for the purposes of a Government undertaking, the Central Government may call for such information as may be necessary for this purpose from such undertaking. (6) The right to make, use, exercise and vend an invention for the purposes of Government under sub-section (1) shall include the4[right to sell on non-commercial basis, the goods] which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central Government or the person authorised under sub-section (1) were the patentee of the invention. (7) Where in respect of a patent which has been the subject of an authorisation under this sectoin, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration.....

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Chapter II

Title: Inventions Not Patentable

State: Central

Year: 1970

.....dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under : "(g) a method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;" 5. "or plants" omitted by Patents (Amdt.) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003. Section 4 - Inventions relating to atomic energy not patentable No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962). Section 5 - Omitted 5. 1 [Omitted] ________________________ 1. Omitted by Patents amendment Act (15 of 2005), Section 5 previous to omission read as under: Inventions are only methods or processes of manufacture patentable.-* [(1)] In the case of inventions- (a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or (b) relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and.....

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Section 101

Title: Rights of Third Parties in Respect of Use of Invention for Purposes of Government

State: Central

Year: 1970

.....then, in relation to any use of the invention made for the purposes of Government by the patentee to the order of the Central Government, sub-section (3) of section 100 shall have effect as if that use were made by virtue of an authority given under that section; and use of the invention for the purposes of Government by virtue of sub-section (3) of that section shall have effect as if the reference to the patentee included a reference to the assignor of the patent, and any sum payable by virtue of that sub-section shall be divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the High Court on a reference under section 103. (3) Where by virtue of sub-section (3) of section 100, payments are required to be made by the Central Government or persons authorised under sub-section (1) of that section in respect of the use of an invention for the purposes of Government and where in respect of such patent there is an exclusive licensee authorised under his licence to use the invention for the purposes of Government, such sum shall be shared by the patentee and such licensee in such.....

View Complete Act      List Judgments citing this section

Atomic Energy Act, 1962 Section 20

Title: Special Provisions as to Inventions

State: Central

Year: 1962

.....by him. (6) The Controller of Patents and Designs shall have the power to refer any application to the Central Government for direction as to whether the invention is one relating to atomic energy and the direction given by the Central Government shall be final. (7) Any invention in the field of atomic energy conceived whether in establishments controlled by the Central Government or under any contract, sub-contract, arrangement or other relationship with the Central Government shall be deemed to have been made or conceived by the Central Government, irrespective of whether such contract, sub-contract, arrangement or other relationship involves financial participation of or assistance from the Central Government. (8) Notwithstanding anything contained in the Indian Patents and Designs Act, 1911, the decision of the Central Government on points connected with or arising out of this section shall be final.

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Section 35

Title: Secrecy Directions Relating to Inventions Relevant for Defence Purposes

State: Central

Year: 1970

.....that an invention in respect of which the Controller has not given any directions under sub-section (1), is relevant for defence purposes, it may at any time before2[grant of patent] notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention where one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the directions issued by him. ________________ 1. Words "to any person or class of person specified in the directions." Omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Substitued by Patents (Amdt) Act, 2005.for the words: to accept complete specification for a patent or

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Section 3

Title: What Are Not Inventions

State: Central

Year: 1970

.....w.e.f 20.05.2003. 3. Substituted by Patents amendment Act (15 of 2005) for the words "the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant" 4. Clause (g) omitted by Patents (Amdt.) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under : "(g) a method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;" 5. "or plants" omitted by Patents (Amdt.) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003.

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Section 99

Title: Meaning of Use of Invention for Purposes of Government

State: Central

Year: 1970

.....of any medicine or drug, as may be made by virtue of one or more of the conditions specified in section 47. ________________________ 1. Sub-Section (2) omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under: "(2) Without prejudice to the generality of the provisions of sub-section (1),- (a) the importation, by or on behalf of the government, of any invention being a machine, apparatus or oilier article covered by a patent granted before the commencement of this Act, for the purpose merely of its own use; and (b) the importation, by or on behalf of the Government, of any invention being a medicine or drug covered by a patent granted before the commencement of this Act- (i) for the purpose merely of its own use; or (ii) for the purpose of distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or in any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service which such other dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official.....

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Section 102

Title: Acquisition of Inventions and Patents by the Central Government

State: Central

Year: 1970

.....be, the patentee and other persons appearing on the register as having an interest in the patent such compensation as may be agreed upon between the Central Government and the applicant, or the patentee and other persons; or, as may, in default of agreement, be determined by the High Court on a reference under section 103 to be just having regard to the expenditure incurred in connection with the invention and, in the case of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made during such period by the patentee or by his licensee whether exclusive or otherwise) and other relevant factors.

View Complete Act      List Judgments citing this section
  • << Prev.

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //